New York regulations

Title 9 Part 434

Executive Department

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3 sections2 source-only entries

Compiled text through Sep 15, 2021Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

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9 NYCRR 434.1 - Eligibility criteria

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Dates and status
Compiling agency
Executive Department
Text status
Source-only entry
Compiled text through
Sep 15, 2021
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

9 NYCRR 434.2 - Supplemental application requirements

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Sep 15, 2021
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

In addition to the general application requirements listed in section 431.7 of this Title, applications under this Part shall include the following additional information:

(a)a narrative description of the project's significance in the context of existing heritage area resources and how it will develop, expand or enhance public access to water bodies, promote water based recreation or enhance the natural, cultural or historic aspects of water bodies;
(b)the approval/endorsement of the project by the local heritage area management entity if it is not the project sponsor; and
(c)the commitment of the local heritage area management entity either to operate or to cause to be operated any public facilities which are developed as part of a project.

9 NYCRR 434.3 - Supplemental rating criteria

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Sep 15, 2021
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

In addition to the criteria found in section 431.8 of this Title, the following criteria will be used to rate heritage area projects:

(a)the degree to which the project will develop, expand or enhance public access to water bodies, promote water based recreation or enhance the natural, cultural or historic aspects of water bodies;
(b)the degree to which the project contributes to the preservation, restoration or enhancement of natural, historic or cultural resources related to the local heritage area's interpretive theme(s) as established in its approved management plan;
(c)the degree to which the project enhances the function and visual quality of the local heritage area;
(d)the degree to which the project directly serves or benefits heritage area visitors and users; and
(e)the impact of the facility on the local economy or its contribution to established economic development plans.

9 NYCRR 434.4 - Public benefit provisions

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Sep 15, 2021
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

In order to assure the preservation and maintenance of projects funded under this Part, and to assure that a public benefit accrues from the expenditure of public funds for the project, the following provisions shall be included in the project agreement as appropriate:

(a)the project sponsor shall not prohibit the use of or access to the project to nonresidents of the heritage area or impose a fee for any use of and access to the project without the prior written approval of the commissioner;
(b)the project sponsor will be required to convey a preservation or maintenance restriction, easement or other protective agreement to the office or other such entity as the office deems appropriate; and
(c)where real property is acquired for park, conservation, open space or recreation purposes, the project agreement shall include the provisions of section 432.4(a) of this Title when the project sponsor is a municipality and the provisions of section 432.4(b) of this Title when the project sponsor is a not-for-profit corporation.

9 NYCRR 434.5 - 434.5 to 434.6 [Repealed]

Repealed or removed in compiled source

The compiled source records this section as repealed. We hold the witnessed tombstone record; see the source for details.

Dates and status
Compiling agency
Executive Department
Text status
Source-only entry
Compiled text through
Sep 15, 2021
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

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