Section 0400-70-01-.01 - WAIVERS(1) When an entity petitions the Tennessee Historical Commission for a waiver relative to Tennessee heritage protection the Tennessee Historical Commission shall evaluate the following considerations when rendering a decision:(a) Whether the proposed change serves the public interest;(b) Whether the proposed change has any commercial overtones;(c) Whether the proposed change has a reasonable relationship to the site;(d) Whether the proposed change has demonstrated support or opposition from local residents;(e) If a change in name or rededication is proposed, whether the change is in conformance with the character of the existing names or dedications in the area;(f) If a change in name or rededication is proposed, whether the change is duplicative of other nearby site names or dedications;(g) Whether the proposed change is offensive or has derogatory or defamatory implications;(h) Whether the proposed change detracts from or enhances the commemoration of the conflict, event, entity, figure, or organization previously commemorated;(i) Whether the proposed change is expected to have a significant positive or negative economic impact;(j) Whether the proposed change could cause confusion for visitors interested in the site;(k) Whether the proposed change diminishes or enhances the historic integrity of the site;(l) Whether the proposed change is relative to a historic site or memorial on the National Register of Historic Places or a national historic landmark; and(m) If a relocation is proposed, whether the new location is appropriate.(2) The enumeration of the considerations in paragraph (1) of this rule does not prevent the Tennessee Historical Commission from taking into account other considerations.Tenn. Comp. R. & Regs. 0400-70-01-.01
Original rule filed October 19, 2017; effective 1/17/2018.Authority: T.C.A. §§ 4-11-101 et seq.