16 Miss. Code. R. 3-1.4

Current through December 10, 2024
Rule 16-3-1.4 - Designation of Mississippi Landmarks

The Board may designate publicly owned sites of historical or architectural significance as Mississippi Landmarks with or without the consent of the owner. The Board may designate privately owned sites of historical or architectural significance as Mississippi Landmarks at the written request of the owner.

Archaeological sites that are located in, on or under the surface of any lands belonging to the State of Mississippi or to any county, city, or political subdivision of the state are designated as Mississippi Landmarks. Such sites may not be taken, altered, destroyed salvaged or excavated without a permit from the Board in accordance with Rule 1.3.

A.Criteria for Designation.

Mississippi Landmarks are recognized as the state's historic, architectural, or cultural resources. They are sites, objects, buildings, artifacts, implements, or locations that contribute to illustrating or interpreting the history or culture of the State of Mississippi. In order to eligible for Mississippi Landmark designation, the resource(s) must be listed in or eligible for listing in the National Register of Historic Places (NRHP) in accordance with NRHP Criteria for Evaluation. Determinations of eligibility will be made by MDAH staff.

Of those eligible resources, the Board will give priority to properties that are individually listed in or eligible for listing in the NRHP; associated with courthouses or schools; located within Certified Local Government communities; or whose designation is supported by the property owner or local preservation commission. While the Board will give these properties priority, it has the authority to designate any eligible publicly owned property, with or without the consent of the owner.

B.Designation Process.

When a Mississippi Landmark designation request is made by the property owner or MDAH staff determines that a property is eligible for designation, MDAH staff may prepare a significance report, which includes a statement of significance, resource description, and a list all sites, objects, buildings, artifacts, implements, or locations to be included in the proposed Mississippi Landmark designation.

Consideration. The Board, in consultation with staff, may place a property under consideration for designation at the next regularly scheduled Board meeting. Once placed under consideration, MDAH will publish a legal notice soliciting written, public comment in accordance with Rule 1.5.

After the conclusion of the public comment period, the proposed designation may be placed on the Board agenda for action at the next regularly scheduled meeting.

For private properties in which designation must be made by owner request, the Board may elect to proceed with designation without public comment.

Designation. Upon Board action to designate a property as a Mississippi Landmark, MDAH will inform the property owners in writing and shall prepare and execute a Certification of Mississippi Landmark Designation to be recorded in the deed records of the chancery court of the county in which the property is located.

C.Removal of Designation Process.

When the removal of designation of a Mississippi Landmark property is proposed, the property owner may be asked to provide additional information, including, but not limited to, a structural report prepared by a qualified structural engineer with experience in evaluating historic structures.

Consideration. The Board, in consultation with staff, may place a property under consideration for removal of designation at the next regularly scheduled Board meeting. Upon Board action to place a designated Mississippi Landmark under consideration for removal of designation, MDAH will publish a legal notice soliciting written, public comment in accordance with Rule 1.5.

After the conclusion of the public comment period, the proposed removal of designation will be placed on the Board agenda for action at the next regularly scheduled meeting.

Removal of Designation. Upon Board action to remove the Mississippi Landmark designation from a property, MDAH will inform the property owner in writing and will prepare and execute a Certification of the Removal of Mississippi Landmark Designation to be recorded by the clerk in the deed records of the chancery court of the county in which the property is located.

16 Miss. Code. R. 3-1.4

Miss. Code Ann. §§ 39-7-9, 39-7-11, 39-7-13(1972).
Miss. Code Ann. §§ 39-7-3, 39-7-4, 39-7-7, 39-7-11, 39-1-22(1972).
Miss. Code Ann. §§ 39-7-1, 39-7-11(1972).
Miss. Code Ann. §§ 39-7-3, 39-7-15(1972).
Amended 4/8/2017
Amended 4/1/2020