N.Y. Comp. Codes R. & Regs. tit. 17 § 131.15

Current through Register Vol. 46, No. 45, November 2, 2024

Section 131.15 - Scenic enhancement

(a) The department may preclude or require the relocation or undergrounding of new or existing utility facilities based upon environmental, scenic appearance or historical concerns:

(1) in order to ensure compliance with any Federal or State statute, regulation, Executive Order or similar mandate; or

(2) when the department, in its sole discretion, determines that preclusion, undergrounding, or relocation is required as a condition to the department obtaining or utilizing any Federal or State funds; or

(3) when the department, in its sole discretion, determines that preclusion, undergrounding or relocation is required to comply with, or participate in, any program or action under Federal or State law.

(b) Various Federal and State laws, regulations, Executive Orders or other mandates contain provisions recognizing and extending protections to scenic and historical places. Included among such provisions which may relate to highway rights-of-way are the landscape and scenic enhancement provisions in section 319 of title 23 of the U.S. Code; "transportation enhancement activities" as defined in section 101 of title 23 of the U.S. Code; parts 645 and 752 of title 23 of the Code of Federal Regulations; sections 20 through 22 and article X 11-C of the Highway Law; article 27 of the Executive Law, Parts 570 through 586 of Title 9 of the Official Compilation of Codes, Rules and Regulations of the State of New York and Executive Order 150 relating to the Adirondack Park; section 106 of the National Historic Preservation Act of 1966; section 14.09 of the Parks, Recreation and Historic Preservation Law; sections 65, 66, 91 and 94 of the Public Service Law; and related regulations in Parts 98, 99 and 608 of Title 16 of the Official Compilation of Codes, Rules and Regulations of the State of New York; title 27 of article 15 of the Environmental Conservation Law, (Wild, Scenic and Recreation Rivers System); article 49 of the Environmental Conservation Law, (Protection of Natural and Man-Made Beauty); article 24 of the Environmental Conservation Law (Freshwater Wetlands); article 42 of the Executive Law (Waterfront Revitalization and Coastal Resources); and Federal Executive Order No. 11990 (Protection of Wetlands). The above is not a complete recitation of all applicable provisions.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 131.15