1-19A PRESERVATION OF HISTORIC SITES
CHAPTER 1-19A

PRESERVATION OF HISTORIC SITES

1-19A-1      Legislative findings and declaration.
1-19A-2      Definition of terms.
1-19A-3      Statewide survey of historic properties.
1-19A-4      Entry on private property for survey--Consent required.
1-19A-5      State register of historic places--Standards for listing.
1-19A-6      Participation in conferences and programs.
1-19A-7      Cooperation with other governmental agencies.
1-19A-8      Qualification for federal aid.
1-19A-9      State Historical Society as agency to accept donations--Exception.
1-19A-10      Preparation of preservation plan--Review and revision.
1-19A-11      Promulgation of rules regarding properties.
1-19A-11.1      Preservation of historic property--Procedures.
1-19A-12      Coordination of activities of local commissions.
1-19A-13      Assistance to local commissions and private parties.
1-19A-13.1      Historical preservation loan and grant fund established--Purpose--Sources of funds.
1-19A-13.2      National register eligibility required.
1-19A-13.3      Amount of loans and grants--Interest rate--Extensions and renewals--Amounts available for structures with public use.
1-19A-13.4      Funds to be used for restoration of historic properties.
1-19A-13.5      Promulgation of rules regarding historical preservation loans and grants.
1-19A-14      Information provided on historic properties.
1-19A-15      Stimulation of public interest in historic preservation.
1-19A-16      On-going programs--Programs of school of mines and technology not affected--Charge for publications.
1-19A-17      Improvement and operation of historic properties--Legislative consent required for acquisition.
1-19A-18      Obsolete.
1-19A-18.1      State Review Board abolished.
1-19A-19      Powers and duties of board.
1-19A-20      Tax moratorium on increased valuation due to restoration or rehabilitation of historic property.
1-19A-21      Covenant to maintain property required to benefit from chapter.
1-19A-22      Cancellation of tax moratorium.
1-19A-23      Ratification of previous moratoriums.
1-19A-24      Moratoriums for certain property prohibited.
1-19A-25      Heritage area designation.
1-19A-26      Determining heritage areas.
1-19A-27      Promulgation of rules for heritage area designations.
1-19A-28      Promotional materials to consider designated heritage areas--Prioritizing heritage areas for historic properties benefits.
1-19A-29      Promulgation of rules to administer chapter.


1-19A-1 Legislative findings and declaration.
     1-19A-1.   Legislative findings and declaration. The South Dakota Legislature finds and declares that it is in the best interest of the state and its citizens to provide for the preservation of its historical, architectural, archaeological, paleontological, and cultural sites by protecting, restoring, and rehabilitating sites, buildings, structures, and antiquities of the state which are of historical significance.

Source: SL 1973, ch 14, § 1; SL 1980, ch 12, § 1.


1-19A-2 Definition of terms.
     1-19A-2.   Definition of terms. Terms used in this chapter mean:
             (1)      "Board," the State Historical Society Board of Trustees established by § 1-18-12.2;
             (2)      "Historic preservation," the research, protection, restoration, and rehabilitation of districts, sites, buildings, structures, and objects significant in the history, architecture, archaeology, paleontology, or culture of the state;
             (3)      "Historic property," any building, structure, object, district, area, or site that is significant in the history, architecture, archaeology, paleontology, or culture of the state, its communities or the nation;
             (4)      "Rehabilitation," returning property to a state of utility, through expansion, addition, repair, or alteration, which makes possible an efficient contemporary use while retaining those portions of the property, which qualify such property for placement on the state register of historic places;
             (5)      "Restoration," the repair or replacement of historically significant features which qualify a structure or object for recognition by the state register of historic places.

Source: SL 1973, ch 14, § 2; SL 1973, ch 2, § 254 (a); SL 1978, ch 11, § 1; SL 1980, ch 12, § 2; SL 1987, ch 19, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 80; SL 2011, ch 1 (Ex. Ord. 11-1), § 91, eff. Apr. 12, 2011; SL 2015, ch 277 (Ex. Ord. 15-1), § 25, eff. Apr. 20, 2015.


1-19A-3 Statewide survey of historic properties.
     1-19A-3.   Statewide survey of historic properties. The State Historical Society shall undertake a statewide survey to identify and document historic properties, including all those owned by the state, its instrumentalities, and its political subdivisions.

Source: SL 1973, ch 14, § 5 (1); SL 2009, ch 1, § 55; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015.


1-19A-4 Entry on private property for survey--Consent required.
     1-19A-4.   Entry on private property for survey--Consent required. The State Historical Society is authorized to enter, solely in the performance of its official duties and only at reasonable times upon notice, upon private property for the examination or survey thereof. However, no member, employee, or agent of the office may enter any building or structure without the express consent of the owner or occupant thereof.

Source: SL 1973, ch 14, § 7; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015.


1-19A-5 State register of historic places--Standards for listing.
     1-19A-5.   State register of historic places--Standards for listing. The State Historical Society shall prepare and maintain a state register of historic places, including all those listed on the national register of historic places. Pursuant to chapter 1-26, the State Historical Society Board of Trustees shall adopt standards for the listing of a historic property on the state register based on the standards of the national register and shall further adopt standards for the continued listing of a property on the state register, consistent with the relevant federal standards of preservation and care.

Source: SL 1973, ch 14, § 5 (2); SL 1992, ch 6, § 4; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015.


1-19A-6 Participation in conferences and programs.
     1-19A-6.   Participation in conferences and programs. The State Historical Society shall participate in international conferences and programs concerning historic preservation and cooperate with federal officials and agencies in the conduct of such activities.

Source: SL 1973, ch 14, § 5 (8); SL 2009, ch 1, § 56; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015.


1-19A-7 Cooperation with other governmental agencies.
     1-19A-7.   Cooperation with other governmental agencies. The State Historical Society shall cooperate with federal, state, and local government agencies in the planning and conduct of specific undertakings affecting historic properties and preservation objectives and in overall land use planning.

Source: SL 1973, ch 14, § 5 (7); SL 2009, ch 1, § 57; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015.


1-19A-8 Qualification for federal aid.
     1-19A-8.   Qualification for federal aid. The State Historical Society shall undertake the procedures necessary to qualify the state for participation in sources of federal aid for historic preservation purposes.

Source: SL 1973, ch 14, § 5 (5); SL 2009, ch 1, § 58; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015.


1-19A-9 State Historical Society as agency to accept donations--Exception.
     1-19A-9.   State Historical Society as agency to accept donations--Exception. The State Historical Society is designated the state agency with the authority to accept any moneys provided for or made available to the State of South Dakota, except those moneys provided for or made available to programs at South Dakota School of Mines and Technology, for the purposes of historic preservation.

Source: SL 1973, ch 14, § 8; SL 1980, ch 12, § 10; SL 2009, ch 1, § 59; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015.


1-19A-10 Preparation of preservation plan--Review and revision.
     1-19A-10.   Preparation of preservation plan--Review and revision. The State Historical Society shall prepare the state's preservation plan and review that plan annually and revise it accordingly.

Source: SL 1973, ch 14, § 5 (3); SL 2009, ch 1, § 60; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015.


1-19A-11 Promulgation of rules regarding properties.
     1-19A-11.   Promulgation of rules regarding properties. The State Historical Society Board of Trustees shall promulgate rules pursuant to chapter 1-26 to acquire and dispose of historic properties and specimens and for the preservation, restoration, maintenance, and operation of properties under the jurisdiction of the State Historical Society.

Source: SL 1973, ch 14, § 5 (4); SL 1985, ch 8, § 3; SL 2009, ch 1, § 61; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015.


1-19A-11.1 Preservation of historic property--Procedures.
     1-19A-11.1.   Preservation of historic property--Procedures. The state or any political subdivision of the state, or any instrumentality thereof, may not undertake any project which will encroach upon, damage or destroy any historic property included in the national register of historic places or the state register of historic places until the State Historical Society has been given notice and an opportunity to investigate and comment on the proposed project. The office may solicit the advice and recommendations of the board with respect to such project and may direct that a public hearing be held thereon. If the office determines that the proposed project will encroach upon, damage or destroy any historic property which is included in the national register of historic places or the state register of historic places or the environs of such property, the project may not proceed until:
             (1)      The Governor, in the case of a project of the state or an instrumentality thereof or the governing body of the political subdivision has made a written determination, based upon the consideration of all relevant factors, that there is no feasible and prudent alternative to the proposal and that the program includes all possible planning to minimize harm to the historic property, resulting from such use; and
             (2)      Ten day's notice of the determination has been given, by certified mail, to the State Historical Society. A complete record of factors considered shall be included with such notice.
     Any person aggrieved by the determination of the Governor or governing body may appeal the decision pursuant to the provisions of chapter 1-26.
     The failure of the office to initiate an investigation of any proposed project within thirty days from the date of receipt of notice thereof is approval of the project.
     Any project subject to a federal historic preservation review need not be reviewed pursuant to this section.

Source: SL 1987, ch 20; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015.


1-19A-12 Coordination of activities of local commissions.
     1-19A-12.   Coordination of activities of local commissions. The State Historical Society shall coordinate the activities of local historical commissions in accordance with the state plan and programs for historic preservation.

Source: SL 1973, ch 14, § 5 (9); SL 2009, ch 1, § 62; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015.


1-19A-13 Assistance to local commissions and private parties.
     1-19A-13.   Assistance to local commissions and private parties. The State Historical Society shall provide technical and financial assistance to local historical commissions and private parties involved in historic preservation activities.

Source: SL 1973, ch 14, § 5 (10); SL 2009, ch 1, § 63; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015.


1-19A-13.1 Historical preservation loan and grant fund established--Purpose--Sources of funds.
     1-19A-13.1.   Historical preservation loan and grant fund established--Purpose--Sources of funds. There is established a historical preservation loan and grant fund in the State Historical Society. The purpose of such fund is to make loans and grants to purchase, restore, or develop historic South Dakota properties for residential, commercial, or public purposes. The State Historical Society Board of Trustees, with the approval of the Governor, may accept into the loan fund any funds which may be obtained from repayment of loan principal, interest, gifts, grants, or contributions.

Source: SL 1977, ch 19, §§ 1, 4; SL 1994, ch 332, § 2; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015.


1-19A-13.2 National register eligibility required.
     1-19A-13.2.   National register eligibility required. Structures which may be considered for loans or grants under §§ 1-19A-13.1 to 1-19A-13.5, inclusive, shall either be on or eligible for the national register of historic places according to the criteria established by the national register.

Source: SL 1977, ch 19, § 2; SL 1994, ch 332, § 3.


1-19A-13.3 Amount of loans and grants--Interest rate--Extensions and renewals--Amounts available for ...
     1-19A-13.3.   Amount of loans and grants--Interest rate--Extensions and renewals--Amounts available for structures with public use. Loans and grants may be made from the loan and grant fund by the State Historical Society Board of Trustees to individuals, corporations, or historical organizations for up to ninety percent of the cost of purchase, restoration, and development of a structure. Loans shall be made at an annual interest rate of one-fourth the prime interest rate at the time the loan is made. The maximum amount of a loan for any one structure is twenty-five thousand dollars. Loans may not be extended beyond a three-year period, nor may they be renewed. Loans and grants may be made to nonprofit historical organizations, municipalities, and other local governmental entities for the full cost of purchase, restoration, and development of structures that will have a public use.

Source: SL 1977, ch 19, § 3; SL 1994, ch 332, § 4; SL 2002, ch 14, § 1.


1-19A-13.4 Funds to be used for restoration of historic properties.
     1-19A-13.4.   Funds to be used for restoration of historic properties. The interest earned, gifts, contributions, and any appropriation for the purposes of §§ 1-19A-13.1 to 1-19A-13.5, inclusive, shall be used for the restoration of other historic properties specified in §§ 1-19A-13.1 and 1-19A-13.2.

Source: SL 1977, ch 19, § 4.


1-19A-13.5 Promulgation of rules regarding historical preservation loans and grants.
     1-19A-13.5.   Promulgation of rules regarding historical preservation loans and grants. For the purpose of the administration of §§ 1-19A-13.1 to 1-19A-13.5, inclusive, the State Historical Society Board of Trustees may adopt rules pursuant to chapter 1-26.

Source: SL 1977, ch 19, § 5; SL 2009, ch 1, § 64.


1-19A-14 Information provided on historic properties.
     1-19A-14.   Information provided on historic properties. The State Historical Society shall provide information on historic properties within the state to the agencies and instrumentalities of the federal, state, and local governments and, if appropriate, to private individuals and organizations.

Source: SL 1973, ch 14, § 5(6); SL 2009, ch 1, § 65; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015.


1-19A-15 Stimulation of public interest in historic preservation.
     1-19A-15.   Stimulation of public interest in historic preservation. The State Historical Society shall stimulate public interest in historic preservation including the development and implementation of interpretive programs for historic properties listed on the state register of historic places and through the management of the state's historical marker program.

Source: SL 1973, ch 14, § 5 (11); SL 2009, ch 1, § 66; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015.


1-19A-16 On-going programs--Programs of school of mines and technology not affected--Charge for pub...
     1-19A-16.   On-going programs--Programs of school of mines and technology not affected--Charge for publications. The State Historical Society shall develop an on-going program of historical, architectural, paleontological, and archaeological research and development to include continuing surveys, excavation, scientific recording, interpretation, and publication of the state's historical, architectural, archaeological, paleontological, and cultural resources. The provisions of this section do not apply to programs within the South Dakota School of Mines and Technology. A reasonable charge may be made for publications.

Source: SL 1973, ch 14, § 5 (12); SL 1980, ch 12, § 3; SL 2009, ch 1, § 67; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015.


1-19A-17 Improvement and operation of historic properties--Legislative consent required for acquisi...
     1-19A-17.   Improvement and operation of historic properties--Legislative consent required for acquisition. Any historic property acquired, whether in fee or otherwise, may be used, maintained, improved, restored, or operated by the State Historical Society for any purpose within its powers and not inconsistent with the purpose of the continued preservation of the property. No historic property may be acquired, whether in fee or otherwise, except by act of the Legislature.

Source: SL 1973, ch 14, § 6; SL 2009, ch 1, § 68; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015.


1-19A-18
     1-19A-18.   Obsolete.


1-19A-18.1 State Review Board abolished.
     1-19A-18.1.   State Review Board abolished. The State Review Board established pursuant to chapter 1-19A, is hereby abolished.

Source: SL 1985, ch 400 (Ex. Ord. 85-2), § 21.


1-19A-19 Powers and duties of board.
     1-19A-19.   Powers and duties of board. The State Historical Society Board of Trustees shall:
             (1)      Approve nominations to the state and national registers of historic places;
             (2)      Review the state survey of historic properties undertaken in accordance with the provisions of this chapter;
             (3)      Review the content of the state preservation plan developed in accordance with the provisions of this chapter;
             (4)      Approve the removal of properties from the state register;
             (5)      Recommend the removal of properties from the national register; and
             (6)      Otherwise act in an advisory capacity to the State Historical Society.

Source: SL 1973, ch 14, § 4; SL 2009, ch 1, § 69; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015.


1-19A-20 Tax moratorium on increased valuation due to restoration or rehabilitation of historic pro...
     1-19A-20.   Tax moratorium on increased valuation due to restoration or rehabilitation of historic property. There is a moratorium on the taxation of increased valuation due to restoration or rehabilitation of real estate placed on the State Register of Historic Places in accordance with § 1-19A-5 and which has been assisted through federal restoration grant-in-aid assistance provided by Public Law 102-575 as amended to January 1, 1994, or which has been substantially restored or rehabilitated with the assistance of the historic preservation loan fund, or which has undergone privately funded restoration or rehabilitation which has been certified as meeting historic preservation standards by the State Historical Society Board of Trustees. The board shall use U.S. Department of the Interior standards for historic preservation projects codified in 36 C.F.R. 67 as of January 1, 1994, to approve or deny certifications. The moratorium shall begin in the year that approval of the completed work is granted and shall extend for a period of eight years.

Source: SL 1978, ch 11, § 2; SL 1980, ch 79; SL 1987, ch 19, § 2; SL 1994, ch 16, § 1.


1-19A-21 Covenant to maintain property required to benefit from chapter.
     1-19A-21.   Covenant to maintain property required to benefit from chapter. No property so restored or rehabilitated may benefit from the provisions of this chapter unless the owner of such property attaches a restrictive covenant running with the land which states that the property shall be maintained in a manner which preserves the property's restored portions.

Source: SL 1978, ch 11, § 3.


1-19A-22 Cancellation of tax moratorium.
     1-19A-22.   Cancellation of tax moratorium. If the State Historical Society Board of Trustees determines that the owner of any property given a tax moratorium pursuant to § 1-19A-20 has failed to maintain such property, the board may, after a public hearing, cancel the tax moratorium on such property. If the board cancels a tax moratorium pursuant to this section, the board shall notify the director of equalization and the treasurer of the county where such property is located of such cancellation.

Source: SL 1992, ch 6, § 1.


1-19A-23 Ratification of previous moratoriums.
     1-19A-23.   Ratification of previous moratoriums. All applications for tax moratoriums on properties properly placed on the State Register of Historic Places which were restored with federal restoration grant-in-aid assistance, or received assistance from the historic preservation loan fund, or have undergone privately funded restoration or rehabilitation, and were filed with and formally certified by the State Historical Society Board of Trustees prior to January 1, 1994, are hereby ratified as of the date of such filing. Nothing in this section shall affect any tax moratorium filed, reviewed, or granted prior to January 1, 1992.

Source: SL 1992, ch 6, § 5; SL 1994, ch 16, § 2.


1-19A-24 Moratoriums for certain property prohibited.
     1-19A-24.   Moratoriums for certain property prohibited. The State Historical Society Board of Trustees may not grant a tax moratorium to any real estate which is not on the state or national register and which is moved from the location where such real estate was located when originally constructed.

Source: SL 1992, ch 6, § 6.


1-19A-25 Heritage area designation.
     1-19A-25.   Heritage area designation. A county, municipality, or township may apply to the board for a heritage area designation in accord with criteria contained in this section and §§ 1-19A-26 to 1-19A-28, inclusive, and the rules promulgated pursuant thereto. For the purposes of this section and §§ 1-19A-26 to 1-19A-28, inclusive, a heritage area is any county, municipality, or township which contains historic properties which possess outstanding historic value, displays exceptional preservation qualities, or is otherwise genuine and exemplary of South Dakota's diverse history and culture.

Source: SL 1994, ch 17, § 1.


1-19A-26 Determining heritage areas.
     1-19A-26.   Determining heritage areas. The board shall consider the following when determining if a county, municipality, or township is designated as a heritage area:
             (1)      Whether there is an established program which interprets the entirety of the historic properties to both the residents and visiting public of the proposed heritage area;
             (2)      Whether there is an adopted and actively implemented historic preservation plan encompassing all of the historic properties within the proposed heritage area;
             (3)      Whether there is a demonstrated ability to use historic properties within the proposed heritage area to contribute to the economic welfare of this state;
             (4)      Whether the proposed heritage area is readily identifiable to the visiting public;
             (5)      Whether there are established effective partnerships among public, private, and nonprofit entities appropriate for the protection and promotion of the proposed heritage area; and
             (6)      Whether the quality of the preservation, interpretation, and management of the proposed heritage area meets the standards established by the board.

Source: SL 1994, ch 17, § 2.


1-19A-27 Promulgation of rules for heritage area designations.
     1-19A-27.   Promulgation of rules for heritage area designations. The board shall promulgate rules pursuant to chapter 1-26 to:
             (1)      Establish criteria in addition to that found in § 1-19A-26 concerning natural or scenic qualities which would compliment the historic value of a proposed heritage area;
             (2)      Establish application procedures and criteria for designation as a heritage area;
             (3)      Establish preservation, interpretation, and management standards pursuant to subdivision 1-19A-26(6);
             (4)      Withdraw a heritage area designation if a county, municipality, or township fails to comply with the criteria established in subdivision (2) of this section.

Source: SL 1994, ch 17, § 3.


1-19A-28 Promotional materials to consider designated heritage areas--Prioritizing heritage areas f...
     1-19A-28.   Promotional materials to consider designated heritage areas--Prioritizing heritage areas for historic properties benefits. Each agency of state government that produces promotional materials targeted to the visiting public shall accord special consideration to designated heritage areas. Each applicable agency of state government shall include heritage areas when establishing priorities for benefits accruing to historic properties, including appropriations or other funding for development of historic properties.

Source: SL 1994, ch 17, § 5.


1-19A-29 Promulgation of rules to administer chapter.
     1-19A-29.   Promulgation of rules to administer chapter. For the purpose of the administration of this chapter the State Historical Society Board of Trustees shall adopt rules pursuant to chapter 1-26 in the following areas:
             (1)      Definitions;
             (2)      Standards for historic preservation, restoration, and rehabilitation projects;
             (3)      Project application procedures;
             (4)      Requests for project information;
             (5)      Project approval and nonapproval;
             (6)      Terms of project certification;
             (7)      County notification of certification;
             (8)      Terms of restrictive covenants;
             (9)      Filing of restrictive covenants;
             (10)      Violation of covenants; and
             (11)      Cancellation of certification.

Source: SL 1994, ch 16, § 3.