Community and Culture, History

Rule R212-6

State Register for Historic Resources and Archaeological Sites

Notice of Proposed Rule

(Amendment)

DAR File No.: 34534
Filed: 03/29/2011 01:49:56 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule changes the process of archaeological or anthropological landmark designation of sites by changing the language from nomination by a property owner to written consent of the property by the owner.

Summary of the rule or change:

In Subsection R212-6-2(B)(4), the amended change adds property owner definition applying to all fee simple title property. In Section R212-6-4, the amended rule changes nomination of a property by an owner to written consent of a property by the owner.

State statutory or constitutional authorization for this rule:

• Section 9-8-306
• Section 9-8-302
• Section 9-8-402
• Section 9-8-401
• Section 9-8-403

Anticipated cost or savings to:

the state budget:

None--The existing rule requires the owner to nominate and give written consent. The proposed rule requires written consent by the property owner; however the nomination can be prepared by anyone. One could therefore argue and reasonably so that the proposed rule is less expensive on the property owner because nominating the property is more complex than written consent. This said, the state process is unchanged because the property still has to be nominated and the consent of the owner still has to be given.

local governments:

This rule exists between the state and the property owner. Any relation to local government is unchanged. Local governments are provided the ability to comment on nominations and listings if they have a certified local government (CLG). The new change does not change this authority.

small businesses:

This rule has no impact on small businesses. This rule is about listing historic buildings and archaeological sites with written consent of property owner.

persons other than small businesses, businesses, or local governmental entities:

This rule gives no new authority to anyone and retains the property owners authority to not give written consent.

Compliance costs for affected persons:

None--If an owner does not give written consent and does nothing, the property cannot be listed. The existing rule also requires owner consent, net there is no change.

Comments by the department head on the fiscal impact the rule may have on businesses:

This amended rule change will have no impact because if the property owner does nothing, the designation cannot proceed.

Michael Hansen, Acting Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Community and Culture
History
300 RIO GRANDE
SALT LAKE CITY, UT 84101-1182

Direct questions regarding this rule to:

• Lynette Lloyd at the above address, by phone at 801-533-3553, by FAX at 801-533-3567, or by Internet E-mail at lynettelloyd@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/14/2011

This rule may become effective on:

07/21/2011

Authorized by:

Wilson Martin, Associate Director

R212. Community and Culture, History.

R212-6. State Register for Historic Resources and Archaeological Sites.

R212-6-1. Scope and Applicability.

Purpose: To establish compatibility between the State and National Register. To establish standards for state landmarks consistent with Sections 9-8-306, 9-8-401, 9-8-402 and 9-8-403.

 

R212-6-2. Definitions.

A. Terms used in this rule are defined in Sections 9-8-302 and 9-8-402(1).

B. In addition:

1. "division" means the Division of State History;

2. "director" means the director of the Division of State History;

3. "board" means the Board of State History.

4. "property owner" means those persons or entities holding fee simple title to the property.

 

R212-6-3. State Register for Historic Resources and Archaeological Sites.

1. The State Register for properties and sites incorporates by reference, within this rule, 36 CFR 60.4, 1996 Edition for the selecting of properties and sites as historical places within Utah.

2. Properties or sites recommended for National Register consideration shall automatically be listed on the State Register after they have been recommended by the Board of State History for National Register listing and after the State Historic Preservation Officer has nominated them for listing on the National Register.

3. Should a property or site be found to be ineligible for the National Register by the Keeper of the National Register, National Park Service, that property may be reviewed for removal from the State Register.

4. Properties or sites may be removed from Century and State Registers only after notification to the owner and a hearing by the board, unless they have been entirely demolished, in which case they may be removed administratively by division staff following state procedures for removal.

 

R212-6-4. State Landmark Listing for Archaeological and Anthropological Sites and Localities.

Archaeological and anthropological sites of significance[and localities listed on the State Register may be listed as "State Landmarks" after nomination by the property owners and review and acceptance by the Board of State History] may be designated as Archaeological or Anthropological Landmarks by the Board of State History after nomination and with the written consent of the property owner.

 

KEY: historic sites, national register, state register

Date of Enactment or Last Substantive Amendment: [February 21, 2002]2011

Notice of Continuation: August 1, 2006

Authorizing, and Implemented or Interpreted Law: 9-8-302; 9-8-306; 9-8-401; 9-8-402; 9-8-403; 63G-4-102