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

All 7 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 436.1 - Eligible properties

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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

(a)A property shall be eligible for grant assistance if, prior to the date of application it is:

(1)individually listed on the National or State Register; or

(2)located within a listed historic district and identified in the nomination form as contributing to the significance of the district. In the cases where the nominating document does not clearly identify the contributing properties, the commissioner shall determine which properties are contributing.

(b)A property which meets the requirements of subdivision (a) of this section but which is privately owned, owned by a Federal agency, or owned by New York State but under the jurisdiction of an agency other than the Office of Parks, Recreation and Historic Preservation is not eligible for grant assistance unless an interest in the property is granted to the office, a municipality or a not-for-profit corporation and such interest is, in the opinion of the commissioner, of sufficient duration to guarantee a public benefit from the grant. Property interests which satisfy this requirement may include, but are not limited to, a lease or easement with an unexpired term of at least 23 years from the date on which the check for final payment on the project is issued by the State Comptroller.

9 NYCRR 436.2 - Eligible activities

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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

The following activities are allowable as State, municipal or not-for-profit projects, except as noted:

(a)Acquisition.

(1)Historic property may be acquired only by a not-for-profit corporation. The boundaries of the real property to be acquired may not exceed the boundaries as listed in the Register nomination, except that the acquisition of a contiguous buffer zone or ancillary property which, in the opinion of the commissioner, is essential to the protection of the listed property shall be considered eligible for grant assistance.

(2)Priority will be given to those acquisition proposals which are necessary in order to prevent an immediate threat to the property. Such threats include demolition, impairment, erosion, slumping, vandalism and relic collecting.

(3)Eligible costs related to acquisition include legal and other professional fees, appraisal fees, purchase options and project signs when part of an approved scope of work and within the approved period of the acquisition project.

(4)Appraisals must be performed no more than 12 months prior to the acquisition of real property. The cost of obtaining an appraisal is an allowable cost if an acquisition grant is subsequently awarded. If a property is valued at $100,000 or more, two appraisals must be obtained. If the property is valued at less than $100,000, one appraisal is sufficient. If the property is valued at less than $5,000, a short form appraisal may be used at the discretion of the commissioner. Appraisals shall be prepared by an active consultant appraiser in accordance with the requirements of the office.

(5)For acquisition at less than the appraised market value, the buyer must provide to the commissioner a signed and notarized statement from the seller indicating that the buyer has been informed of the appraised market value and is satisfied with the price even though it is less than the appraised fair market value.

(b)Development.

(1)Eligible development activities include improvement, restoration, preservation, rehabilitation, protection, reconstruction, archeology and interpretation of historic properties. The development of an archeological site shall have as its principal objective the protection, stabilization or preservation of the site and its archeological resources. All work undertaken on a historic property must conform to the Secretary of the Interior's standards.

(i)Relocation of a historic building, structure or object shall be allowable only when necessary for its preservation, and with the written approval of the commissioner prior to relocation. The commissioner will grant approval only if it appears the relocation will not result in removal of the property from the National or State Register.

(ii)Costs of landscaping are allowable as follows:

(a)historically documented restoration or reconstruction of gardens, plantings, grounds and grading to attain historic appearance and a compatible setting for the historic property;

(b)grading and site work for purposes of drainage, safety and protection;

(c)improvements necessary to facilitate access for disabled patrons.

(iii)Costs of project furnishings are allowable as part of a development project as follows:

(a)when furnishings are original pieces of furniture or permanently attached items that are integral to the property; or

(b)when furnishings are of documented historical design or are reconstructions based upon documented original furnishings.

(iv)For all development projects, adequate documentation for the work must be prepared as follows:

(a)Drawings, plans, specifications and requests for proposals must detail the exact scope of any work to be performed. Drawings must be accurately drawn to scale so that measurements can be verified at the project site.

(b)Provisions of all qualified professional services necessary for design, construction monitoring and contract administration shall be the responsibility of the grant recipient.

(c)Review of plans and specifications and requests for proposals by the office is only for the purpose of determining project conformance with the Secretary of the Interior's standards.

(d)All predevelopment research and design (including for archeology) must be completed, reviewed and approved by the office prior to the commencement of construction work.

(2)Nonconstruction development activities are those which relate directly to the development, implementation, operation and monitoring of development projects, whether they are funded with grant assistance or are associated costs used as matching share. They include the following:

(i)preparation of predevelopment plans, specifications, cost estimates and other contract documents;

(ii)preparation of feasibility studies;

(iii)preparation of historic structure reports, historic landscape reports, archeological, architectural and historic research reports;

(iv)preparation of project completion reports, and archeological investigation reports; and

(v)project signs and a limited number of interpretive signs or plaques.

(3)Archeological development activities.

All identification, evaluation, curation, interpretation and protection activities shall be conducted under the supervision of a professional archeologist as defined in Part 435 of this Title.

(i)Because disturbance of archeological sites is in general discouraged by the office, such disturbance will only be funded if it meets the following criteria.

(a)Data recovery may be required to determine the presence of significant archeological deposits that might be disturbed by a project.

(b)If a development project for a property will disturb an area that has archeological value and the development project cannot be altered so as to avoid such disturbance, data recovery or other mitigative measures will be required.

(c)If a development project is dependent upon information that can only be obtained through archeological investigation, the area may be tested to the extent necessary to design and perform the approved development activity.

(d)If public interpretation of a property is dependent upon the information that would be obtained by archeological testing, such testing may be carried out only to the extent essential for that interpretation.

(ii)Preparation of reports and documentation, and curation or exhibition of artifacts or other materials are activities eligible for funding only during the project period.

(a)Appropriate maps, sketches, profiles, and field notes must be completed to record information about the archeological resources and the methods and techniques employed.

(b)A written report of all results of the investigation meeting contemporary professional standards must be prepared. Copies must be provided to the commissioner upon request.

(c)Archeological collections and accompanying data and records must be curated in a repository meeting contemporary professional standards and the Secretary of the Interior's standards. Such arrangements must be negotiated among the property owner, the commissioner and the qualified professional archeologist prior to the start of work.

(c)Ineligible acquisition and development activities include the following:

(1)Acquisition.

(i)acquisition, either by purchase, gift or donation which occurs outside the approved project period. An acquisition that has occurred prior to project approval by the commissioner shall not be eligible for grant assistance or as matching share; and

(ii)phased acquisition.

(2)Development.

(i)development work (except minor investigative activity undertaken as part of approved predevelopment work) done outside the approved project period. This includes construction, report writing, curation and exhibition;

(ii)work not included in the approved scope of work as outlined in the project agreement (and as may be subsequently amended);

(iii)work which in the opinion of the commissioner does not conform to the Secretary of the Interior's standards;

(iv)work which has not been advertised or competitively bid as required;

(v)routine maintenance work on those portions of historic properties which have been previously repaired or rehabilitated with grant assistance provided under these regulations or through the Federal historic preservation fund; and

(vi)archeological data recovery or extensive testing conducted under conditions other than those described in paragraph (b) (3) of this section.

(3)The cost of borrowing funds is not eligible for reimbursement.

9 NYCRR 436.3 - Measures to assure future preservation

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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

(a)In order to assure the preservation of grant-assisted historic properties and to assure that a public benefit shall accure from the use of public funds, the commissioner shall not make grant assistance available until a project agreement is in place. The commissioner's requirements shall be incorporated into the project agreement and may include:

(1)limitations on the right of the owner and/or grant recipient to alter, demolish or convey the property;

(2)provisions for public access, where appropriate; and

(3)granting of exterior or interior easements to the State or an approved municipality or not-for-profit corporation. Easements shall require that any proposals for subsequent alterations, additions or other physical changes be approved by the commissioner.

(b)The period of the easement shall be no less than 23 years from the date on which the check for final payment on the project is issued by the State Comptroller.

9 NYCRR 436.4 - Application procedures

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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

(a)Application forms will be available from, and are to be returned to, the respective regional offices of the office which are listed in section 461.6 of this Title or by contacting the commissioner. For projects within the Catskill or Adirondack forest preserves, applications may be obtained from the appropriate regional offices of the Department of Environmental Conservation or from the Division of Operations, Department of Environmental Conservation, 50 Wolf Road, Room 611, Albany, NY 12233.

(b)Applications will be received throughout the year. Up to three grant application cycles per year may occur. Starting and closing dates will be established and publicized widely by the commissioner.

(c)Application form.

Each project application must contain sufficient information to ensure that the commissioner is able to conduct an adequate and thorough review. Applications shall be on forms provided by the office and shall contain at least the following information:

(1)a narrative description of proposed project;

(2)cost estimates for proposed work;

(3)black and white photographs and color slides;

(4)evidence of matching funds commitment or a fund-raising plan for generating the match in a timely manner;

(5)a statement of willingness to comply with appropriate measures to ensure the future preservation of property; and

(6)a copy of a resolution of the governing body of the municipality or not-for-profit corporation recommending the project to the commissioner.

(d)Grant awards shall be announced by the commissioner before the close of the following application cycle. The commissioner may attach conditions to grant awards.

(e)Applications not funded in a grant cycle will be automaticaly reconsidered in the following cycle. Applications not funded after two grant cycles will be withdrawn from consideration. This does not preclude an applicant from resubmitting the project or from submitting a revised or new project application.

(f)Application materials from projects not funded in two consecutive grant cycles shall be retained by the office for 90 days following the announcement of grant awards. The materials shall be returned if the applicant submits a written request to the commissioner within the 90 days. After 90 days the commissioner may discard all application materials.

9 NYCRR 436.5 - Ranking and review process

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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

(a)All eligible municipal and not-for-profit projects in a given grant cycle shall be reviewed using the same ranking criteria. In assessing the merit of a proposed project the following criteria will be considered:

(1)physical needs of the property, including any immediate threat from demolition, impairment, slumping, vandalism and relic collecting, and how well the proposed project addresses them;

(2)significance of the property in the national, State or local context;

(3)evidence of adequate planning, including the preparation of planning documents, the use of qualified professionals on whose recommendations the project proposal has been based and consistency with other State and local programs;

(4)the local and statewide impact of the project;

(5)the financial need of the applicant, including the fund-raising plan and the evidence of matching funds commitment;

(6)factors ensuring the property's immediate and future protection. This may include the ability of the project sponsor and involved professionals to successfully complete the project and to assure operation of the facility; the preparation of a maintenance plan; or designation under a local preservation law which has been approved by the commissioner as providing adequate protection for the property; and

(7)adequacy of the preservation technology proposed, its consistency with current professional standards and the demonstration of appropriate new techniques or solutions.

(b)Numerical values will be assigned to factors comprising these criteria. These values may be revised to reflect changes in program priorities. The scoring system for evaluating applications shall be announced annually in the instructions to applicants supplied with grant application forms.

(c)The evaluation results and relative ranking of a project may be released to the applicant only upon written request.

9 NYCRR 436.6 - Matching 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

(a)Assistance toward the cost of preservation projects undertaken by municipalities and not-for-profit corporations shall not exceed 50 percent of the approved project costs, less any Federal or State assistance received other than by loan. State funds shall be provided on a reimbursement basis. As the project progresses, billings may be submitted for reimbursement for each billing period as defined in the project agreement.

(b)A not-for-profit corporation or municipality's matching share may consist of the following:

(1)cash;

(2)force account (paid labor); and

(3)donations.

To be eligible for matching assistance, donated contributions must be applicable to the approved project. All donations other than cash must be contributed during the approved project period as defined in the project agreement.

(i)Donated (in kind) labor. The value of services provided by professional and technical personnel, consultants and other skilled and unskilled labor.

(ii)Donated real property. The fair market value as established by an independent appraiser in accord with the requirements of the office. If the total value of donated real property proposed for use as a matching share exceeds the amount required for the match, the remainder of the value of the donated real property may be used as the matching share for subsequent development grants for the same property, subject to the prior approval of the commissioner.

(iii)Donated equipment. The value of equipment used on a project in accord with its fair rental value.

(iv)Donated supplies and materials. The value of items in accord with current market prices at the time they are donated to the project.

(c)The commissioner may award grants to applicants who have not generated their full match at the time of application. These “challenge” grants shall be awarded with special conditions regarding the time period for raising the match and the monitoring of fund-raising progress. Grant awards may be reduced or withdrawn if the applicant is unable to raise the full match.

9 NYCRR 436.7 - Funding distribution

No later Register activity identified in this check.

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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

(a)For the purposes of this Part, the annual allocation of awardable funds shall be distributed among the three types of preservation projects as follows:

(1)municipal projects shall receive no less than 40 percent and no more than 60 percent;

(2)not-for-profit projects shall receive no less than 40 percent and no more than 60 percent; and

(3)State projects shall receive no more than 10 percent.

(b)If eligible applications do not total the amount of funding set aside in either the municipal or not-for-profit category, the remainder shall be distributed to eligible projects in the other category.

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