CHAPTER 24:52:14
HISTORIC PRESERVATION TAX CERTIFICATION
Section
24:52:14:01 Receipt of tax certification applications -- Project reviews.
24:52:14:02 Approval or denial of tax certifications -- Deadline.
24:52:14:03 Procedures for issuing tax certifications.
24:52:14:04 Contents of tax certificate.
24:52:14:05 Filing of tax certificate by county assessor -- Assessment of tax-certified property.
24:52:14:06 Filing of restrictive covenants.
24:52:14:07 Violation of covenants -- Board notification.
24:52:14:08 Cancellation of tax certificate.
24:52:14:09 Notice to county assessor.
24:52:14:01. Receipt of tax certification applications -- Project reviews. Upon receipt of an application for tax certification, the office shall conduct a project review pursuant to chapter 24:52:13 and shall do the following:
(1) Determine whether the proposed tax-certified property is listed on the state register or the national register;
(2) Determine whether the rehabilitation work outlined in the application was undertaken during the calendar year in which the application was submitted;
(3) Determine whether the project meets the standards for rehabilitation codified in 36 C.F.R. 67 as of January 1, 1994; and
(4) Notify the applicant of the date, time, and location of the meeting in which the board will consider the application for tax certification at least fourteen days and no more than sixty days before the meeting.
Source: 21 SDR 50, effective September 21, 1994; 24 SDR 73, effective December 4, 1997; 35 SDR 82, effective October 22, 2008; 39 SDR 100, effective December 3, 2012.
General Authority: SDCL 1-19A-5, 1-19A-29.
Law Implemented: SDCL 1-19A-20 to 1-19A-24.
24:52:14:02. Approval or denial of tax certifications -- Deadline. The board shall approve or deny applications for tax certifications no later than the end of the calendar year in which the application is submitted.
Source: 21 SDR 50, effective September 21, 1994.
24:52:14:03. Procedures
for issuing tax certifications. The board shall certify in writing that a
property meets the requirements for historic preservation in this article for
the purpose of the tax moratorium in SDCL 1-19A-20. The office shall send the certificate to the county assessor within 60 days after receipt. A tax certification takes effect on January 1 of the year in which the application is approved.
Source:
21 SDR 50, effective September 21, 1994; 24 SDR 73, effective December 4, 1997;
36 SDR 103, effective December 8, 2009.
General
Authority: SDCL 1-19A-5, 1-19A-29.
Law
Implemented: SDCL 1-19A-20 to 1-19A-24.
24:52:14:04. Contents of tax certificate. A tax certificate shall contain, at a minimum, the following information:
(1) The name of the tax-certified property;
(2) The location of the tax-certified property;
(3) The date of tax certification by the board;
(4) The effective dates of the tax moratorium on the tax-certified property;
(5) A list of work items which are subject to the moratorium; and
(6) The signature of the president of the board or the president's designee.
Source: 21 SDR 50, effective September 21, 1994; 24 SDR 73, effective December 4, 1997.
24:52:14:05. Filing
of tax certificate by county assessor -- Assessment of tax-certified property.
The office shall file the tax certificate with the county assessor within sixty
days after board approval. A tax certificate is proof of completed restoration
or rehabilitation work, and the county may not consider the increase in value
of certified property resulting from that work in assessing the value of the
property for the purposes of taxation.
Source:
21 SDR 50, effective September 21, 1994; 36 SDR 103, effective December 8,
2009.
General
Authority: SDCL 1-19A-5, 1-19A-29.
Law
Implemented: SDCL 1-19A-20 to 1-19A-24.
24:52:14:06. Filing of restrictive covenants. Within 30 days after receipt of the tax certification, the owner shall file a restrictive covenant with the register of deeds in the county in which the certified property is located and provide proof of filing to the office. The covenant runs with the land, is effective on the date filed, and remains in effect until the expiration of the moratorium.
Source: 21 SDR 50, effective September 21, 1994; 24 SDR 73, effective December 4, 1997.
24:52:14:07. Violation of covenants -- Board notification. Within 60 days after being notified in writing that a covenant has been violated, the office or board shall initiate a project review. The board shall issue a determination within 180 days as to whether there has been an adverse effect on the tax-certified property. The board shall notify the owner of record of the tax-certified property of its determination within 30 days after issuance. The owner must provide any information and document requested in writing by the office or board that is relevant to the investigation.
Source: 21 SDR 50, effective September 21, 1994; 24 SDR 73, effective December 4, 1997.
24:52:14:08. Cancellation of tax certificate. Within 90 days after notifying the owner of record of a tax-certified property that the board has determined there has been an adverse effect on the property, the board shall act to cancel the tax certificate in accordance with SDCL 1-19A-22.
Source: 21 SDR 50, effective September 21, 1994.
24:52:14:09. Notice to county assessor. At the time the certificate is sent to the owner, the office shall send a letter to the county assessor which describes the provisions of §§ 24:52:14:05, 24:52:14:07, and 24:52:14:08.
Source: 24 SDR 73, effective December 4, 1997.
