A. To initiate the
process of Certifying a local government for participation in the CLG program,
the chief elected official of the local government shall request recognition as
a Certified Local Government from the MDAH/SHPO. The application for
certification shall be in the format established by the MDAH/SHPO and shall
include the following:
1. A written assurance
by the chief elected official that the local government fulfills the
requirements of Rule 8.3 above;
2.
A copy of the local historic preservation ordinance which creates the Historic
Preservation Commission, along with resumes for each commission member and
confirmation that they have been appointed to the commission;
3. A list of locally designated landmarks,
landmark sites and districts, together with maps indicating their locations and
copies of the local ordinance(s) so designating them, if the local government
has made such designations prior to certification.
B. The MDAH/SHPO shall respond to the chief
elected official within sixty days of receipt of an adequately documented
written request. Application for certification shall be reviewed by the SHPO,
or designee, and SHPO staff. If the request from the chief elected official is
not adequately documented, the MDAH/SHPO shall request the needed documentation
within sixty business days of receipt of the request. If the request from the
chief elected official is adequately documented, the SHPO, or designee, and the
SHPO staff shall review the application for certification and determine if the
local government fulfills the requirements for certification.
C. When a local government application for
certification has been approved in accordance with the MDAH/SHPOs approved
certification process, the MDAH/SHPO shall prepare a written agreement that
lists the specific responsibilities of the local governments when certified.
This written certification agreement shall include the
responsibilities outlined in Rule 8.3(A), (B), (C), and (D), and additional
responsibilities delegated to all CLGs in the state, and any other delegated
responsibilities.
The State Historic Preservation Officer and the Chief elected
official shall both sign the written certification agreement.
D. When the MDAH/SHPO determines that the
local government fulfills the requirements for certification, the MDAH/SHPO
shall forward a copy to the Secretary of the Interior or designee the following
items:
1. a letter from the SHPO requesting
certification;
2. a completed
checklist indicating that all requirements have been met; and
3. a signed copy of the certification
agreement.
If the Secretary of the Interior, or designee, does not take
exception to the request for certification within fifteen working days of
receipt, the local government shall be regarded as certified, and the MDAH/SHPO
shall so notify the local government. The effective date of certification is
the date of approval by the Department of the Interior.
E. When a local government
application for certification cannot be approved in accordance with the
MDAH/SHPOs approved certification process, the MDAH/SHPO shall advise the local
government as to how it can meet the requirements of the certification
process.
