§ 14.07 State register of historic places; inventory of historic
property; statewide comprehensive historic preservation plan. 1. State
register of historic places.

(a) The commissioner, in consultation with the board, shall establish
a listing of sites, districts, structures, buildings, areas or objects
above or below the surface of the earth whether on land or in the waters
of the state, together with any designated improvements thereon,
significant in the history, architecture, archeology or culture of the
state, its communities or the nation. Such listing shall constitute the
New York state register of historic places. All historic places within
the state listed on or nominated by the commissioner for inclusion on
the national register of historic places before or after this article
becomes law shall be deemed to be listed on the state register.

(b) The commissioner, with the advice of the board, shall establish
the procedures and the criteria for listing on the state register
consistent with the criteria established for listing on the national
register and for classifying whether such places are primarily of
national, state or local significance. The criteria for listing on the
national register which shall be used as a guide for listing on the
state register are as follows:

The quality of significance in American history, architecture,
archeology, and culture is present in districts, sites, buildings,
structures, and objects that possess integrity of location, design,
setting, materials, workmanship, feeling, and association, and:

A. that are associated with events that have made a significant
contribution to the broad patterns of our history; or

B. that are associated with the lives of persons significant in our
past; or

C. that embody the distinctive characteristics of a type, period, or
method of construction, or that represent the work of a master, or that
possess high artistic values, or that represent a significant and
distinguishable entity whose components may lack individual distinction;
or

D. that have yielded, or may be likely to yield, information important
in prehistory or history. Such procedures shall include opportunity for
the public to make proposals for listing on the state register, the
notification in advance of the listing to the agency preservation
officers and/or municipal official having jurisdiction over the property
and for the mailing of notification of pending action to the owner or
owners of record of the property, if privately owned, at their last
known address; provided however, that if one listing affects more than
one property owner or where the owner or owners cannot be ascertained,
the publishing of notice of pending listing in a newspaper of general
circulation in the area where the property is located shall constitute
adequate notice. Such procedures shall also provide for timely review
and consideration of listing places on the state register which the
United States Secretary of the Interior has designated as eligible for
the national register. When a proposal for listing with sufficient
supporting documentation is made by a municipal official, local historic
preservation board or commission or a member of the public, a decision
on listing the proposed property with an appropriate finding supporting
the decision shall be issued in writing by the commissioner not more
than one hundred eighty days after such proposal is received by the
commissioner.

(c) If the municipal official of any municipality with jurisdiction
over any property or the owner or owners of such property, other than
that included upon or nominated for inclusion upon the national register
of historic places prior to the effective date of this article, advises
the commissioner in writing within fifteen days of mailing or publishing
of notification that the municipality or owner questions the eligibility
of the proposed property, the commissioner shall postpone the listing
until the municipality or owner has the reasonable opportunity to
present a written statement to the commissioner and the board.

(d) The benefits and protections of this article upon any listing on
the state register shall accrue in full force and effect from the date
of its listing. Within forty-five days after the listing of any property
on the state register, the commissioner shall notify the appropriate
agency preservation officer and/or municipal official and the owner of
the property affected, if privately owned, at his last known address.
With respect to all properties deemed to be listed on the state register
because they were listed on or nominated to the national register before
this article became law, within a reasonable time after this article
becomes law, the commissioner shall notify the appropriate agency
preservation officer and/or municipal official and the owner of the
property affected, if privately owned, at his last known address. Such
notice shall include the registered properties' classification as
primarily of national, state or local significance. The commissioner
shall also cause notice of the listing to be published in a newspaper of
general circulation in the area where the property is located. Such
publication of notice shall be in lieu of the personal notice
hereinabove required in instances where one listing affects more than
one property owner and in instances where the owner or owners of the
listed property cannot be ascertained.

(e) No place may be removed from the state register unless it is
determined by the commissioner, after consultation with the board, that
the qualities that gave it significance and for which it was initially
listed no longer exist.

(f) The commissioner shall, upon request, provide information on the
places listed on the state register and on sites included in the
statewide inventory maintained by the office pursuant to the provisions
of subdivision two of this section to any person making a written
request for such information, with the exception of sites that may be
damaged by unauthorized investigators if their location be generally
publicized. Notwithstanding the provisions of any other law, information
on such archeological sites may be withheld from the public at the
discretion of the commissioner in consultation with the commissioner of
education and will be released, where appropriate, in a format approved
by such commissioners. The commissioner may establish a reasonable fee
for the preparation, duplication and mailing of requested information.

(g) The commissioner shall include in the state register all places he
determines to be of significance after consultation with the board. In
making the listing the commissioner shall indicate whether the place is
primarily of national, state or local significance.

2. Statewide inventory of historic property. (a) The commissioner,
with the assistance of the agency preservation officers of all state
departments, agencies, boards, commissions, public benefit corporations
and public authorities shall prepare and maintain an inventory of all
property owned by the state, public benefit corporations or public
authorities, which may qualify for nomination to the national register
of historic places and/or listing on the state register of historic
places. In addition, the commissioner in cooperation with municipal
officials, shall prepare and maintain an inventory of all other property
publicly and privately owned which may qualify for nomination to the
national register and listing on the state register.

(b) The commissioner shall consult with the commissioner of education
and consider information from surveys of archeological sites prepared by
such department. The commissioner of education shall cooperate with the
commissioner by continuing to expand, maintain and review the department
of education's inventory of archeological sites and provide information
thereon to the commissioner.

(c) The commissioner shall assist and encourage private organizations
and groups in undertaking surveys, studies and inventories of historic
places and cultural resources.

(d) These inventories shall constitute the statewide inventory of
historic places and shall be represented on appropriate maps of the
entire inventory. Inclusion of a historic place on the inventory shall
not by itself be deemed to be a determination by the state of such
place's significance for purposes of section 15 (a) of Public Law 89-574
as subsequently amended. The commissioner shall regularly review this
inventory and, with the advice of the board, select sites for listing on
the state register and for nomination to the national register and make
recommendations to the commissioner of the office of general services of
buildings on the inventory which have available space deemed suitable
for state use.

3. Statewide comprehensive historic preservation plan. The
commissioner, in consultation with the board, shall prepare a statewide
comprehensive historic preservation plan. This plan may include
proposals for the preservation and use of registered property. The
annual state plan submitted to the Heritage Conservation and Recreation
Service in the United States Department of Interior may substantially be
used in preparing this plan. The agency preservation officers shall
cooperate and municipal officials may cooperate with the commissioner in
the promulgation of plans and proposals in relation to historic places
within their respective jurisdictions. The commissioner shall update the
plan annually. The commissioner shall annually notify every agency
preservation officer and municipal official of the availability of the
state plan or the annual update and a copy of the annual plan or update
shall be sent to every agency preservation officer and municipal
official requesting such a plan or update.

4. From funds available from the federal government for historic
preservation purposes which may be used for reimbursement as hereinafter
provided, and funds appropriated by the state for the purpose of
assisting local and regional preservation programs including funds for
survey and planning, the commissioner may provide reimbursement to
municipalities and private organizations which undertake surveys and
studies of historic places and cultural resources, prepare local
historic preservation reports or otherwise assist the commissioner in
carrying out his historic preservation responsibilities.