Ala. Admin. Code r. 584-X-1-.02 - Definitions

Current through Register Vol. 40, No. 6, March 31, 2022

(1) Alter. An action performed on a monument that includes any one of the following:

(a) Modification of a monument's structure or appearance from its existing condition through the physical removal or addition of material, text, or imagery.

(b) Installation, construction, or other action which obstructs the monument, restricts public access to the monument, or prevents the public's ability to perceive or view the monument.

(2) Architecturally Significant Building. A building located on public property that is listed in or eligible for the National Register of Historic Places based on its significance and its ability to meet the criterion requirements set by the National Park Service for eligibility based on the building's architectural significance (criterion C). If a building is less than fifty (50) years old, it must also meet Criteria Consideration G to be considered eligible for the National Register of Historic Places. A building or structure's eligibility as an architecturally significant building shall be reviewed by a Technical Advisory Review Group appointed by the Committee on Alabama Monument Protection and in accordance with the National Park Service's federal guidelines regarding the National Register program.

(3) Committee. The Committee on Alabama Monument Protection as established by Act 2017-354.

(4) Controlling Entity. An agency, board, authority, or other organization that has legal control of the public property on which an architecturally significant building, memorial building, memorial school, memorial street, or monument is located.

(5) Memorial Building. A public building, structure, park, or other institution that is not a memorial school and that is located on public property and constructed for, named for, or dedicated in honor of an event, a person, a group, a movement, or military service as evidenced by an official action of the controlling entity, such as a resolution, statute, official dedication, or other public commemorative action clearly intended to create an association of the building' s name with a specific event, person, group, movement, or military service.

(6) Memorial School. A public K-12 or two-year postsecondary institution or facility that is located on public property and constructed for, named for, or dedicated in honor of an event, a person, a group, a movement, or military service as evidenced by an official action of the controlling entity, such as a resolution, statute, official dedication, or other public commemorative action clearly intended to create an association of the building's name with a specific event, person, group, movement, or military service.

(7) Memorial Street. A street that is located on public property and constructed for, named for, or dedicated in honor of an event, a person, a group, a movement, or military service as evidenced by an official action of the controlling entity, such as a resolution, statute, official dedication, or other public commemorative action intended to create an association of the street's name with a specific event, person, group, movement, or military service.

(8) Monument. A statue, portrait, or marker intended at the time of dedication to be a permanent memorial to an event, person, group, movement, or military service that is part of the history of the people or geography now comprising the State of Alabama. Intent is evidenced by an official action of the controlling entity such as a resolution, statute, official dedication, or other public commemorative action intended to associate the monument with a specific event, person, group, movement, or military service. The term does not include signage bearing historical or interpretive text, commonly known as a historical marker or wayside exhibit, or portraits or plaques installed by temporary means and not intended to be permanent at the time of installation.

(9) Otherwise Disturb.

(a) Any action that specifically and purposefully intends to diminish the public's ability to view or interpret the architecturally significant building, memorial building, memorial street, or monument, or to interfere with the public's ability to view the memorial intent expressed at the time of dedication.

(b) The term "otherwise disturb" does not include the installation of adjacent signage providing contextualization or other interpretive text approved by the controlling entity and related to the architecturally significant building, memorial building, memorial street, or monument, as long as such activity does not violate subsection (a) of this definition, or any other provision of either these rules or the Alabama Memorial Preservation Act of 2017, or any amendment thereto.

(10) Public Property: All property owned or leased by the State of Alabama; any county, municipal, or metropolitan government in the state; or any other entity created by act of the Legislature to perform any public function.

(11) Relocate. The act of physically moving a building, structure, facility, park, institution, street, or monument from its original installation to any other location regardless of whether the new location is on public property.

(12) Remove. The act of permanently and physically eliminating or taking away a building, structure, facility, park, institution, street, or monument from its existing location.

(13) Rename. Changing the name of an architecturally significant building, memorial school, memorial building, or memorial street to the extent that it no longer honors the event, person, group, movement, or military service to which it was originally dedicated.

Notes

Ala. Admin. Code r. 584-X-1-.02

Adopted by Alabama Administrative Monthly Volume XXXVIII, Issue No. 07, April 30, 2020, eff. 6/14/2020.

Author: Alyce M. Spruell, Chair

Statutory Authority: Code of Ala. 1975, § 41-9-237.