Administrative Rule 24:52:06 | South Dakota Legislature

24:52:06:01. Criteria for listing on state register. Districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association are eligible for inclusion in the State Register of Historic Places if they satisfy at least one of the following criteria:

(1) They are associated with events that have made significant contributions in the broad patterns of local, regional, or state history, including settlement, agriculture, commerce, and transportation;

(2) They are associated with the lives of persons significant in the past of this state or the past of a region of this state;

(3) They represent distinctive types, periods, or methods of construction; they represent the work of a master; they possess high artistic values; or they represent cultural or regional building patterns; or

(4) They are associated with prehistoric or historic archaeology.

Source: 16 SDR 239, effective July 9, 1990; 24 SDR 73, effective December 4, 1997.

General Authority:SDCL 1-19A-5.

Law Implemented:SDCL 1-19A-5.

Rule 24:52:06:02 Criteria considerations.

24:52:06:02. Criteria considerations. Cemeteries, birthplaces, or graves of historical figures, properties owned by religious institutions or used for religious purposes, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years are not eligible for the state register. However, such properties may qualify for the state register if they are integral parts of districts that meet the criteria in § 24:52:06:01 or if they fall within one or more of the following categories:

(1) A religious property deriving primary significance from architectural or artistic distinction or historical importance;

(2) A building or structure removed from its original location but which is significant primarily for its architectural value or which is the surviving structure most importantly associated with a historic person or event;

(3) A birthplace or grave of a historical figure of exceptional importance if there is no other appropriate site or building directly associated with the person's productive life;

(4) A cemetery that derives its primary significance from graves of persons of exceptional importance, from age, from distinctive design features, or from association with historic events;

(5) A reconstructed building when accurately executed as part of a comprehensive historic preservation plan when no other building or structure with the same association survives;

(6) A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own historical significance;

(7) A property achieving significance within the past 50 years if it is of exceptional importance; or

(8) A property of exceptional significance to South Dakota's social and cultural history.

Source: 16 SDR 239, effective July 9, 1990; 24 SDR 73, effective December 4, 1997.

General Authority:SDCL 1-19A-5.

Law Implemented:SDCL 1-19A-5.

Rule 24:52:06:03 Consent of private owner required.

24:52:06:03. Consent of private owner required. Nominations for listing private property on the state register must be accompanied with a letter from the owner or owners of record expressly stating their consent to list the property on the state register.

Source: 16 SDR 239, effective July 9, 1990.

General Authority:SDCL 1-19A-5.

Law Implemented:SDCL 1-19A-5.

Rule 24:52:06:04 Notice to public owner required.

24:52:06:04. Notice to public owner required. Nominations for listing public property on the state register must be accompanied with documentation that the public owner of record has been notified in writing that the nomination is being submitted.

Source: 16 SDR 239, effective July 9, 1990.

General Authority:SDCL 1-19A-5.

Law Implemented:SDCL 1-19A-5.

Rule 24:52:06:05 Procedures for listing on state register.

24:52:06:05. Procedures for listing on state register. A person wishing to nominate historic property for listing on the state register shall submit information pertaining to the criteria in §§24:52:06:01 and 24:52:06:02 on a form provided by the Office of History.

The Office of History shall respond to submitted nominations with one of the following decisions:

(1) The property meets the criteria for listing on the state register and the office has listed the property on the register;

(2) Additional information is required to make a decision about listing. The Office of History shall identify the information needed; or

(3) The property does not meet the criteria for listing on the state register.

Source: 16 SDR 239, effective July 9, 1990; 24 SDR 73, effective December 4, 1997.

General Authority:SDCL 1-19A-5.

Law Implemented:SDCL 1-19A-5.

Rule 24:52:06:06 Notice of listing.

24:52:06:06. Notice of listing. Upon listing a property on the state register, the Office of History shall send written notice of the listing to the owner of record and to the county commission and city government governing the location of the property.

Source: 16 SDR 239, effective July 9, 1990.

General Authority:SDCL 1-19A-5.

Law Implemented:SDCL 1-19A-5.

Rule 24:52:06:07 Appeal to board.

24:52:06:07. Appeal to board. For six months following the date of listing or removal of a property on the state register any person may appeal the listing or removal to the board. After hearing an appeal, the board shall take one of the following actions:

(1) Confirm that the property meets the criteria and uphold the listing of the property;

(2) Request additional information relating to the significance of or process for listing the property and establish a schedule and a procedure for a decision to remove or continue listing of the property;

(3) Decide that the property does not meet the criteria and approve removal of the property from the state register; or

(4) Refer the nomination to the United States department of the interior as a nomination to the national register.

Source: 16 SDR 239, effective July 9, 1990.

General Authority:SDCL 1-19A-5.

Law Implemented:SDCL 1-19A-5.

Rule 24:52:06:08 Levels of significance.

24:52:06:08. Levels of significance. The office shall assign one of the following three levels of significance to historic properties listed on the state register:

(1) National significance for properties primarily representing nationally important events or important contributions to the development of the United States of America;

(2) State significance for properties primarily representing events or contributions important to the history and development of the state of South Dakota; or

(3) Local significance for properties primarily representing events or contributions important to the history and development of individual localities.

Source: 16 SDR 239, effective July 9, 1990.

General Authority:SDCL 1-19A-5.

Law Implemented:SDCL 1-19A-5.

Rule 24:52:06:09 Contributing properties in historic districts.

24:52:06:09. Contributing properties in historic districts. The office shall identify buildings, structures, sites, objects, features, qualities, or settings which have historical integrity and contribute to the significance of historic districts listed on the state register. Individual properties identified as contributing to historic districts on the state register shall be considered listed on the state register.

Source: 16 SDR 239, effective July 9, 1990.

General Authority:SDCL 1-19A-5.

Law Implemented:SDCL 1-19A-5.

Rule 24:52:06:10 Loss of historical integrity.

24:52:06:10. Loss of historical integrity. The loss of historical integrity of a property listed on the state register, including the loss of buildings, features, artifacts, structural support, historical setting, and other elements which qualified the property for listing, constitutes grounds for removal of the property from the state register.

Removal of a property from the list of contributing properties in a historic district constitutes removal of that individual property from the state register.

Source: 16 SDR 239, effective July 9, 1990.

General Authority:SDCL 1-19A-5.

Law Implemented:SDCL 1-19A-5.

Rule 24:52:06:11 Criteria for determining effect on historical integrity.

24:52:06:11. Criteria for determining effect on historical integrity. In deciding whether historical integrity has been or will be lost, the Office of History shall use the criteria in 36 C.F.R. § 800.5 (August 5, 2004).

Source: 16 SDR 239, effective July 9, 1990; 28 SDR 182, effective July 10, 2002; 36 SDR 103, effective December 8, 2009.

General Authority: SDCL 1-19A-5.

Law Implemented: SDCL 1-19A-5.

Rule 24:52:06:12 Removal from state register.

24:52:06:12. Removal from state register. Upon receiving information and documenting the loss of historical integrity of a property listed on the state register, the Office of History shall remove the property from the state register and notify the board, the owner of record, and the applicable local government officials of that action.

Source: 16 SDR 239, effective July 9, 1990.

General Authority:SDCL 1-19A-5.

Law Implemented:SDCL 1-19A-5.

Rule 24:52:06:13 National register listing constitutes state register listing.

24:52:06:13. National register listing constitutes state register listing. Listing of a property on the national register constitutes listing of that property on the state register. Removal of a property from the national register constitutes removal of that property from the state register.

Source: 20 SDR 114, effective January 23, 1994.

General Authority:SDCL 1-19A-5.

Law Implemented:SDCL 1-19A-5.

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