S.C. Code Regs. § § 12-101

Current through Register Vol. 48, No. 11, November 22, 2024

Section 12-101 - Criteria for Participation in South Carolina's Certified Local Government (CLG) Program

The National Historic Preservation Act as amended contains five broad standards which local governments must meet to be certified as participants in the National Historic Preservation Program. The law states that "Any local government shall be certified to participate under the provisions of this section (101(c)(1)) if the applicable State Historic Preservation Officer, and the Secretary (of the United States Department of the Interior), certifies that the local government: (A) enforces appropriate State or local legislation for the designation and protection of historic properties; (B) has established an adequate and qualified historic preservation review commission by State or local legislation; (C) maintains a system for the survey and inventory of historic properties ...; (D) provides for adequate public participation in the local historic preservation program, including the process of recommending properties for nomination to the National Register; and (E) satisfactorily performs the responsibilities delegated to it under this Act." The Act goes on to define "designation" and "protection" (Section 101(c)(4)), provide direction for funding CLGs (Section 103(c)) and define local commission and other historic preservation terms (Section 301).

Local governments in South Carolina that want to become certified local governments must satisfy these federal standards. The role and responsibilities of CLGs are further defined and expanded below to explain the specific standards a local government should fulfill to be certified in South Carolina.

A. Enforces Appropriate State or Local Legislation for the Designation and Protection of Historic Properties

(1) The local government must set forth criteria and processes for designating districts and landmarks of historic and/or pre-historic significance.

(2) The local government shall adopt a historic preservation ordinance, the purpose of which is clearly stated.

(3) The ordinance must define the authority by which its provisions are carried out.

(4) The ordinance must clearly delineate the jurisdiction of the design review committee.

(5) The ordinance must set forth processes for designating districts and landmarks of historic and/or pre-historic significance.

(6) The ordinance must set forth criteria and processes for the review and approval or disapproval of:

(a) alteration, demolition, and relocation of designated landmarks,

(b) the alteration of designated sites,

(c) the construction of new structures within designated districts, and

(d) other actions that may affect locally designated properties.

(7) The ordinance must set forth procedures for enforcing decisions.

(8) The ordinance must make provision for right of appeal.

B. Has Established an Adequate and Qualified Historic Preservation Commission by State or Local Legislation

(1) The historic preservation review commission shall consist of at least five and no more than ten members and is appointed by the governing body of the municipality or county. (S.C. 1976 Code Sec. 6-29-870) Resumes for commission members should be kept on file by the CLG, and sent to the SHPO.

(2) Commission members, both laymen and professional, shall have a demonstrated interest, competence, or knowledge in historic preservation. To the extent that such professionals are available in the community, commission members shall include one or more professionals in preservation related disciplines such as architecture, history, architectural history, planning, prehistoric and historic archaeology, folklore, cultural anthropology, curation, conservation, and landscape architecture. CLGs may also want to include commissioners trained in real estate, engineering and law. Interest, competence, or knowledge in historic preservation should be identified on commissioners' resumes giving their educational and volunteer background, attendance at workshops and seminars, and related activities.

(3) Local governments may be certified without professionally qualified commission members in the types of disciplines listed in B(2) above, if they can provide written documentation that they have made a reasonable effort to obtain professional expertise. Written documentation should include (a) a list of individuals in the community known to have the professional qualifications listed below, (b) a list of individuals contacted to serve on the commission, and (c) a letter explaining why local professionals declined the invitation to serve on the commission.

(4) Commission meetings shall be held as often as is necessary to complete the commission's work in a timely fashion but at least three times per year.

(5) Each commission member and CLG staff person should attend information or educational meetings pertaining to work and functions of the commission, to historic preservation, or to operations of federal, state, and local preservation programs. The SHPO shall provide information pertaining to the work of commissions and make educational meetings available for commissioners, elected officials and interested citizens.

(6) The role of the commission as the historic preservation review authority for the local government shall be clearly defined in accordance with these Guidelines with responsibilities complementary to the State Historic Preservation Program (outlined in 36 CFR 61.4(b)) . These responsibilities shall include, but not necessarily be limited to, the following:

(a) The commission shall endeavor to educate the community about their own historic resources.

(b) The commission shall have authority specified in the ordinance to review and render decisions on all proposed alterations, relocations, demolitions, and new construction affecting designated historic preservation conservation areas or individually designated local landmarks.

(c) The commission shall have the first review and evaluation of all proposed National Register nominations within its jurisdiction if the commission chooses to comment. The chief elected local official shall forward all National Register nominations to the SHPO with their and the commission's recommendations for consideration by the State Board of Review.

(d) When the commission considers actions, including National Register nominations, which require evaluation by a professional in a specific discipline and that discipline is not represented on the commission, the commission shall seek expertise in this area (for example, an archaeological site).

(7) The CLG shall submit to the SHPO an annual report of commission activities. The annual report form will include the number of cases reviewed, disposition of cases, new local designations, commission appointments, new or revised resumes, minutes or a synopsis of the minutes, and local preservation plans and projects.

(8) The Commission shall adopt By-Laws and Rules of Procedure.

(9) In all deliberations, any member of the commission who has a direct or indirect financial interest in any property which is the subject matter of, or affected by, a decision of the Commission shall be disqualified from participating in the discussion, decision, or proceedings of the Board relating to that property.

(10) The SHPO may, by mutual written agreement with the local government, arrange other preservation projects with the certified local government historic preservation commission or other local groups.

C. Maintain A System for the Survey and Inventory of Historic Properties

(1) The CLG shall carry out its responsibilities for survey and inventory as follows:

(a) coordinate with the SHPO to identify and record historic and pre-historic properties within its jurisdiction based on priorities set by the CLG; and

(b) maintain an inventory of the designated districts, sites, and structures within the jurisdiction established by the ordinance with a periodic evaluation of the inventory and revisions as certificates of appropriateness are issued.

(2) The CLG shall make the local inventory records accessible to the public, except when knowledge of certain properties, such as archaeological site locations, may constitute a threat to their preservation. In such cases, inventory information may be restricted.

D. Provides for Adequate Public Participation in the Local Historic Preservation Program, Including the Process of Recommending Properties for Nomination to the National Register

(1) All meetings of the historic preservation review commission shall be publicly announced and open to the public. The agenda shall be announced prior to the meeting.

(2) Accurate and complete minutes of all decisions and actions of the commission, including the reasons for making the decisions, and copies of the written notification to the applicants must be kept on file and made available to the public upon request.

(3) The commission shall make all decisions in a public forum (except as provided by freedom of information laws) and shall give each applicant written notification of decisions affecting the applicant.

(4) The commission's By-Laws and Rules of Procedure shall be available for public inspection.

(5) The CLG should encourage publication in the news media of information leading to clearer public understanding of historic preservation, including procedures for local historic designations, National Register criteria, and appropriate rehabilitation work for local design review districts.

E. Satisfactorily Performs the Responsibilities Delegated to It Under the National Historic Preservation Act

In carrying out the mandated responsibility to monitor and evaluate the performance of the CLGs, the SHPO will use the procedures in 12-101 above. See 12-103 of this document for SHPO involvement in monitoring and decertifying CLGs.

S.C. Code Regs. § 12-101

Added by State Register Volume 9, Issue No. 3, eff March 22, 1985; Amended by State Register Volume 13, Issue No. 17, eff July 28, 1989; State Register Volume 25, Issue No. 10, eff October 26, 2001.