New York regulations

9 NYCRR 428.5

Executive Department

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Request for determination of eligibility

Request for determination of eligibility

Compiled text through Sep 15, 2021

Register checked through Jul 29, 2026

No later Register activity identified in this check.

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)At the request of an APO or any other interested party, the commissioner shall determine if any property which may be affected by an undertaking is eligible for the State Register.
(b)Except as provided in section 428.4(c) of this Part a request for an eligibility determination shall be made at a reasonable time prior to the implementation of the undertaking. The commissioner, after notifying the APO in accordance with the provisions of subdivision (d) of this section, will determine on a case-by-case basis what constitutes a reasonable time, and this determination shall be conclusive.
(c)The request, whether made by an APO or an interested party, shall be accompanied by sufficient information concerning the property for the commissioner to make an informed and reasoned determination of eligibility. The commissioner may require submission of whatever additional information is deemed necessary to this determination. When an APO requests a determination of eligibility a completed PRDS should accompany the request.
(d)If an interested party requests a determination of eligibility the commissioner shall notify the APO of any agency having jurisdiction over the property or known to be involved in the undertaking. The commissioner may ask the APO to submit a completed PRDS or any other information relating to the undertaking and give the APO an opportunity to comment on the request.

State Register activity

No Register activity identified in this check.Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29).

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