Sec. 82-1-4 - Requirements for Certification of Local Government Programs in West Virginia
§ 82-1-4. Requirements for Certification of Local Government Programs in West Virginia
4.1. Enforcement. The local government must enforce appropriate state or local laws, requirements, and ordinances for the designation and protection of historic properties.
4.1.a. The local government must establish, through ordinance or county order, a municipal or county Historic Landmark Commission in accordance with provisions of the W. Va. Code ' 8-26A-1 et seq.
4.1.b. The Commission must establish a clearly defined process for the local designation and protection of significant individual historic properties (landmarks) and/or historic districts. Both the criteria for determining significant properties and the procedure for designating and protecting those properties must be defined. A copy of guidelines can be obtained upon request from the West Virginia State Historic Preservation Office.
4.2. Establishment of review Commission. Local government shall "Have established an adequate and qualified Historic Preservation Review Commission by state or local legislation."
4.2.a. The local government must create a Historic Landmark Commission (HLC), consisting of five (5) members, to carry out the provisions of the ordinance or order.
4.2.b. HLC membership shall be drawn from among persons with demonstrated interest, competence or knowledge in historic preservation and local history. To the extent available in the community, members of the HLC shall be preservation-related professionals. Members who are not professionally qualified shall demonstrate avocational experience in preservation and associated disciplines. When a discipline is not represented in the Commission membership, commissioners shall seek expertise in this area when reporting on National Register nominations and other actions that will impact properties which are normally evaluated by a professional in such discipline. This may be accomplished through consultation with universities or colleges. Prior to the consultation process, the Commission must notify the State Historic Preservation Officer in writing that the appropriate professional assistance has been obtained and identified.
4.2.c. The local government, to be certified without the minimum number or types of professional disciplines, must report to the SHPO's satisfaction that it has made a reasonable effort to fill those positions. The requirements for professional representation on the Commission shall not exceed those of the State Review Board.
4.2.d. Commission meetings shall be held at regular intervals at least four (4) times each year, advertised in advance and open to the public in accordance with the provisions of W. Va. Code '6-9A-1 et seq. The Commission shall establish rules of procedure or bylaws including a code of conduct, using standards established by the West Virginia Open Meeting Law, '6-9A-1 et seq.
4.2.e. The Commission shall transmit an annual report of its activities to the State Historic Preservation Officer. The report shall include, at a minimum, new designations made, progress on survey activities and commission attendance records. The report shall be submitted within sixty (60) days after the end of the fiscal year for the local government or portion of the fiscal year in the first year of the establishment of the Commission. The report will be reviewed and evaluated by the SHPO to ensure that the Commission's activities are consistent with the State Historic Preservation Plan. The annual report will adhere to the guidelines established by the SHPO. A copy of report guidelines can be obtained from the State Historic Preservation Office.
4.2.f. The Commission shall monitor and report to the State Historic Preservation Officer any activity affecting any property in its jurisdiction listed in the National Register of Historic Places.
4.2.g. Records of proceedings shall be transmitted to the members of the Commission.
4.2.h. In addition to the above stated duties and those specified in W. Va. Code '8-26A-5, the Commission shall report on all proposed National Register nominations for properties within the boundaries of the CLG's jurisdiction. When a Commission reviews a nomination that is normally evaluated by a professional in a specific discipline, and that discipline is not represented on the Commission, the Commission must seek expertise in that discipline before rendering its decision. This can be accomplished by consulting with the appropriate professional or with the SHPO.
4.2.i. Commission responsibilities must be complementary to and carried out in coordination with those of the State Historic Preservation Office as outlined in 36 CFR 61.4(b) (please see Appendix C). The State Historic Preservation Office shall cooperate with the HLC by making available materials and training to provide a working knowledge of the roles and operations of federal, state and local preservation programs.
4.3. System for survey and inventory. The local government maintain a system for the survey and inventory of historic properties.
4.3.a. The local government must carry out a systematic and professionally comprehensive method of inventories of historic properties as outlined in the SHPO's West Virginia Historic Resource Survey Handbook, obtainable from the State Historic Preservation Office. This survey information must be clearly organized and accessible to the public. The State Historic Preservation Office should be consulted in the initial development of such a system and inventory forms should be those used by the State Historic Preservation Officer. The local inventory should also clearly indicate those properties which have been designated local landmarks as well as those listed on the National Register of Historic Places. The local government survey shall in all cases be coordinated with and complementary to those of the state.
4.3.b. The local government must submit a copy of inventory documentation for all locally surveyed resources to the State Historic Preservation Office within a 6 month time frame.
4.3.c. The State Historic Preservation Office may request additional survey and inventory data from the local government as part of the development of the state's comprehensive planning process.
4.3.d. All inventory material shall be updated every third year to reflect changes, alterations and demolitions.
4.4. Public participation. Local governments must provide for adequate public participation in the local Historic Preservation Programs, including the process of recommending properties for nomination to The National Register, as outlined in 36 CFR 61.5(c) (4.) (See Appendix C).
4.4.a. All meetings of the Commission shall adhere to the West Virginia Open Meetings Law, '6-9A-1, et seq. If the meeting place does not conform to American Disability Act standards, the public notice shall allow for requests for accommodation.
4.4.b. Careful minutes shall be kept of all actions taken by the Commission and must be kept on file and available to the public upon request.
4.4.c. The SHPO and the CLG will cooperate to provide adequate opportunity for public participation in the nomination of properties to the National Register. All reports submitted by the CLG to the SHPO regarding historic properties shall include assurances of public input. The CLG shall retain a list of all persons contracted during the review and comment period and record responses which they received. If a public meeting was held, a list of those attending shall be included in the report.
4.4.d. The local government must perform the responsibilities delegated to it under the National Historic Preservation Act of 1966, as amended (16 U.S.C. ' 470) and all regulations promulgated there under (See Appendix A).
The following state regulations pages link to this page.