16 Miss. Code. R. 3-8.3 - Requirements for Certification of Local Government Programs in Mississippi

The National Historic Preservation Act, as amended ( 16 U.S.C. 470 et seq.), which established the Certified Local Government program, contains five broad standards, all of which must be met by a local government before the local government may be certified and maintained to retain certification. The federal standards, where appropriate, are further defined and amplified below.

A. The local government shall enforce appropriate state or local legislation for the designation and protection of historic properties as defined in the State of Mississippi Local Government Historic Preservation Law, Sections 39-13-3, 39-13-5, 39-13-7, and 39-13-9, Mississippi Code of 1972, as amended.

B. The local government shall establish by state or local legislation an adequate and qualified historic preservation review commission (Commission) composed of professional and lay members.

1. The Commission shall exist as authorized under the Mississippi Local Government Historic Preservation Act of 1978 (State of Mississippi Local Government Historic Preservation Law, Sections 39-13-3, 39-13-5, 39-13-7, and 39-13-9, Mississippi Code of 1972, as amended).

2. The State of Mississippi Local Government Historic Preservation Law, Sections 39-13-3, 39-13-5, 39-13-7, and 39-13-9, Mississippi Code of 1972, as amended, requires that the Commission consist of not fewer than five nor more than nine members, who shall be appointed by the governing authority of the county or municipality, or a combination thereof, establishing the commission.

3. All Commission members shall have a demonstrated interest, competence, knowledge, or expertise in historic preservation. To the extent available in the community, the local government shall appoint professional members from the historic preservation related disciplines of architecture, history, architectural history, or archaeology or from such historic preservation related disciplines as urban planning, American studies, American civilization, cultural geography, cultural anthropology, interior design, law, and related fields.

Since the role of the Commission is vital to the implementation of the CLG program, each local government applying for status as a CLG shall provide the following information indicating good faith effort to locate professionals to serve on the Commission. If a documented good faith effort has been made unsuccessfully by the governing authority to locate residents of the county or municipality to serve on the commission, the governing authority may appoint individuals who own property within the boundary of the county or municipality, or both, or are in the service of an employer located within the boundary of the county or municipality, or both if

a. The local government shall run at least one public notice in a newspaper in its jurisdiction to solicit responses from citizens who are professionals in the Historic Preservation related fields of architecture, history, architectural history, or archaeology or from historic preservation related disciplines as urban planning, American studies, American Civilization, cultural geography, cultural anthropology, interior design, law, and related fields and who are interested in serving on the Commission. At the same time, the local government may contact such known professionals to invite them to submit their qualification for candidacy to the Commission. If there are no respondents to the public notice or contact by the local government, or if the chosen professional declines the appointment to the Commission, the local government may compose its Commission of lay persons. To be appointed to the Commission, lay members must have a demonstrated interest, competence, knowledge of expertise in historic preservation, which should be identified by information provided to the local government which shall include, but shall not be limited to: educational and volunteer background, attendance at workshops and seminars, and related activities. The local government shall decide, with the assistance of the MDAH/SHPO upon request, which lay persons should be considered for appointment to the Commission.

b. The local government shall allow three weeks (15 working days) for responses. Any respondents shall provide their professional qualifications as well as information concerning their demonstrated interest, competence, knowledge, or expertise. Such information may include, but is not limited to: education and professional background, volunteer work, attendance at workshops, seminars, and other experience as applicable.

c. When the local government has accrued adequate information concerning the qualifications and expertise of individuals who have expressed interest in being appointed to the Commission, it shall decide, with the assistance of the MDAH/SHPO upon request, which individuals, if any, shall be considered for appointment to the Commission.

d. Resumes for each member of the Historic Preservation Commission, including, where appropriate, credentials or member expertise in fields related to historic preservation. As noted in Rule 8.3(B) (3), the Commission shall consist of members who have demonstrated special interest, experience, knowledge, or expertise in the primary historic preservation related disciplines of architecture, history, architectural history, or archaeology or from secondary historic preservation related disciplines as urban planning, American studies, American civilization, cultural geography, cultural anthropology, interior design, law, and related fields.

4. The commission shall establish its own regular meeting time; however, the first meeting shall be held within thirty (30) days of the adoption of a local historic preservation ordinance and regular meetings shall be scheduled at least once every three (3) months. The chairman or any two (2) members may call a special meeting to consider an urgent matter.

5. At least one member of the Commission shall attend at least one informational or educational meeting per year. In order to meet this requirement, a meeting shall be recognized by MDAH/SHPO as providing appropriate training pertaining to the work and functions of the Commission or to historic preservation in general. If a commission member(s) attends such meeting as delegated representative(s) of the commission, he shall then present material from the informational or educational meeting at the next regularly scheduled commission meeting.

6. The Commission shall transmit an annual report of its activities to the MDAH/SHPO. Such reports shall include, at a minimum, the number of case reviews, new designations made, progress on survey activities, revised resumes for commission members, attendance records, and documentation for the education and informational meeting referred to in Rule 8.3(B) (5), above. Reports shall be submitted within sixty days after the end of the fiscal year for the local government. If the Commission has been established during the preceding fiscal year, the report shall reflect that portion of the year in which they were established.

7. The Commission shall monitor and report to the MDAH/SHPO any activity in the community affecting any property listed on the National Register of Historic Places; and

8. Records of proceedings shall be transmitted to the MDAH/SHPO at the same time they are transmitted to the members of the Commission.

C. The local government shall maintain a system for the survey and inventory of historic properties.

1. The local government shall initiate or continue a process for survey and inventory for properties within the local jurisdiction and shall ensure that the process for survey and inventory can be readily integrated into the statewide comprehensive historic preservation planning and other appropriate planning processes. The local government survey and inventory efforts shall be coordinated with and approved by the MDAH/SHPO;

2. All inventory data shall be in a format that is consistent with the statewide comprehensive historic preservation planning and other appropriate planning processes;

3. All inventory material shall be maintained securely and be accessible to the public, and shall be updated periodically to reflect changes, alterations and demolitions; and

4. There shall be a building by building survey and inventory for each historic district and completed survey materials for each landmark site designated by ordinance.

D. The local government shall provide for adequate public participation in the local historic preservation program including the process of recommending properties to the National Register.

1. All meetings of the Commission shall be open to the public;

2. Careful minutes shall be kept of all the decisions and actions of the Commission, including the reasons for making these decisions. The minutes must be kept on file and available to the public in accordance with the provisions of the Public Records Act of the State of Mississippi, Section 25-1-17(1972); and Section 304 of the National Historic Preservation Act, as amended ( 16 U.S.C. 470 et seq.)

3. The local government shall strive to promote public participation in the nomination of properties to the National Register. Written information outlining the criteria for eligibility for nomination to the National Register and the National Register nomination process shall be available to the public. All reports submitted by the local government to the MDAH/SHPO regarding the eligibility of properties shall include assurances of public input. The local government shall retain a list of all persons contacted during the evaluation period in addition to comments which they receive. If a public meeting was held regarding the nomination of properties to the National Register, a list of persons attending shall be included in the report.

E. The local government shall satisfactorily perform the responsibilities (in Rule 8.3 A-D above and those specifically) delegated to it by the MDAH/SHPO.

1. The local government may assume additional responsibilities as agreed to by the MDAH/SHPO and the local government. This agreement shall be in written form.

2. The MDAH/SHPO shall have a reasonable opportunity to review all records and materials pertinent to the implementation of this rule.

F. All functions performed by local governments to achieve and maintain certification must be in accord with the responsibilities of the State Historic Preservation Program as implemented by the MDAH/SHPO. These responsibilities are to:

1. Direct and conduct a comprehensive survey of historic properties and maintain an inventory of such properties.

2. Identify and nominate eligible properties to the National Register of Historic Places and otherwise administer applications for the National Register.

3. Prepare and implement a comprehensive statewide historic preservation planning process.

4. Administer the state program of Federal assistance for historic preservation within the state.

5. Advise and assist federal, state, and local government agencies in carrying out their historic preservation responsibilities.

6. Cooperate with the Secretary of the Interior, the Advisory Council on Historic Preservation, and other federal, state, and local government agencies to ensure that historic properties are taken into consideration at all levels of planning and development.

7. Provide public information, education, training, and technical assistance relating to the National and State Historic Preservation programs; and otherwise fulfill the states liaison responsibility with the Federal preservation programs, other states, local governments, Indian tribes, private organizations, and individuals.

8. Cooperate with local governments in the development of local historic preservation programs and assist local governments in becoming certified.

G. The local government agrees to comply with all provisions of the State Antiquities Law (39-7-1, et seq. of the Mississippi Code of 1972, as amended). In the event of any proposed public actions that may affect designated Mississippi Landmarks, or properties potentially eligible for Mississippi Landmark designation, the local government shall, in writing, seek a permit for such actions from the Mississippi Department of Archives and History prior to undertaking the proposed actions. Furthermore, the local government agrees to comply with the Mississippi Department of Archives and Historys recommendations for Mississippi Landmark designations, permits, and/or cultural resource survey requirements.

H. The local government agrees to comply with all provisions of Section 106 of the National Historic Preservation Act and 36 CFR 800 regulations and shall, in its comprehensive planning, give due consideration for assisting the State Historic Preservation Office (Mississippi Department of Archives and History) in executing its responsibilities to review the impact of projects involving federal funds or licensing on properties listed on the National Register of Historic Places, or that are determined to be eligible for listing in the National Register. The local government agrees, to the extent possible, to work with local applicants, seeking federal funding, licensing, or assistance in the preparations of necessary documentation requested by the State Historic Preservation Office for its Section 106 and 36 CFR 800 reviews.

For further information, please refer to the National Historic Preservation Act and the Mississippi State Historic Preservation Office.

Notes

16 Miss. Code. R. 3-8.3

Miss. Code §§ 39-13-3, 39-13-5, 39-13-7, 39-13-9, 25-1-17, 39-7-1 (1972, as amended).