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§ 14.09 State agency activities affecting historic or cultural
property; notice and comment. 1. As early in the planning process as
may be practicable and prior to the preparation or approval of the final
design or plan of any project undertaken by a state agency, or prior to
the funding of any project by a state agency or prior to an action of
approval or entitlement of any private project by a state agency, the
agency's preservation officer shall give notice, with sufficient
documentation, to and consult with the commissioner concerning the
impact of the project if it appears that any aspect of the project may
or will cause any change, beneficial or adverse, in the quality of any
historic, architectural, archeological, or cultural property that is
listed on the national register of historic places or property listed
on the state register or is determined to be eligible for listing on the
state register by the commissioner. Generally, adverse impacts occur
under conditions which include but are not limited to (a) destruction or
alteration of all or part of a property; (b) isolation or alteration of
its surrounding environment; (c) introduction of visual, audible, or
atmospheric elements that are out of character with the property or
alter its setting; or (d) neglect of property resulting in its
deterioration or destruction. Every agency shall fully explore all
feasible and prudent alternatives and give due consideration to feasible
and prudent plans which avoid or mitigate adverse impacts on such
property. In the event that the agency has filed or will file with the
department of environmental conservation, with respect to that
contemplated project, a draft environmental impact statement pursuant to
the provisions of article eight of the environmental conservation law,
it shall provide a copy thereof to the commissioner and the chairman of
the board and shall also supply such further information as the
commissioner may request. This section shall not apply to a state
project that is necessary to prevent an immediate and imminent threat to
life or property.
2. The commissioner shall undertake a review and make comment within
thirty days of receipt of notice, with sufficient documentation, of a
proposed project as to whether or not such proposed project may have an
adverse impact on any property that is listed on the national register
of historic places or on the state register or is determined to be
eligible for the state register by the commissioner. The comment shall
be put on file and shall be available to the public on request. If it is
determined that a project may have an adverse impact on such property,
the commissioner shall so notify the agency in writing. Upon receipt of
such notification from the commissioner, the agency shall immediately
contact the commissioner for the purpose of exploring alternatives which
would avoid or mitigate adverse impacts to such property consistent with
the policy and provisions of this article and other provisions of law
relating to historic preservation. To the fullest extent practicable, it
is the responsibility of every state agency, consistent with other
provisions of law, to avoid or mitigate adverse impacts to registered
property or property determined eligible for listing on the state
register by the commissioner. In order to avoid inconsistency or
duplication in review functions, the commissioner shall establish
procedures in accordance with other provisions of this section whereby
reviews conducted under this section are coordinated with the reviews of
project or plan proposals under other provisions of law and regulation.
When a project is being reviewed pursuant to section one hundred six of
the national historic preservation act of 1966, the procedures of this
section shall not apply and any review or comment by the commissioner
and the board on such project shall be within the framework or
procedures of the section one hundred six review. The commissioner shall
issue an annual report outlining state agency actions on which comment
had been requested or issued under this section. Proposed alternatives
and results of the review process shall be included in said annual
report.

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