Administrative Rule 24:52:15 | South Dakota Legislature

(2) "Development," the restoration, rehabilitation, interpretation, or improvement of historic property for educational or economic purposes, or both.

Source: 21 SDR 50, effective September 21, 1994; 24 SDR 73, effective December 4, 1997.

General Authority:SDCL 1-19A-5, 1-19A-13.5, 1-19A-29.

Law Implemented:SDCL 1-19A-13 to 1-19A-13.3.

Rule 24:52:15:02 Names of subfunds.

24:52:15:02. Names of subfunds. The name of the portion of the fund derived from SDCL 42-7B-48 is "the State Historical Society's Deadwood fund." The name of the portion of the fund derived from sources other than SDCL 42-7B-48 is "the State Historical Society's historic preservation fund."

Source: 21 SDR 50, effective September 21, 1994.

General Authority:SDCL 1-19A-5, 1-19A-13.5, 1-19A-29.

Law Implemented:SDCL 1-19A-13 to 1-19A-13.3.

Rule 24:52:15:03 Application for loan or grant -- Project review.

24:52:15:03. Application for loan or grant -- Project review. Upon receipt of an application for a loan or grant from the fund, the board shall conduct a project review which shall, at a minimum, examine the following:

(1) Whether the proposed project benefits properties listed on the national register or properties eligible for the national register for which the applicant agrees to submit a national register nomination within one year;

(2) Whether the project meets the standards of the board in § 24:52:07:02;

(3) Whether the applicant demonstrates that the property will have an on-going use;

(4) Whether the applicant provides assurances of the ability to maintain the property;

(5) Whether the applicant agrees to a restrictive covenant;

(6) Whether the applicant agrees to post a sign stating that funding for the project came from the Deadwood Fund;

(7) Whether the applicant provides dollar for dollar matching funds;

(8) Whether the project is either a new project or a new phase of a project that will not start until after the award is announced; and

(9) The applicant is highly recommended to be a member of the South Dakota State Historical Society and the Historic South Dakota Foundation.

Source: 21 SDR 50, effective September 21, 1994; 24 SDR 73, effective December 4, 1997; 26 SDR 168, effective June 25, 2000; 29 SDR 66, effective November 17, 2002.

General Authority:SDCL 1-19A-5, 1-19A-13.5, 1-19A-29.

Law Implemented:SDCL 1-19A-13 to 1-19A-13.3.

Rule 24:52:15:04 National historic preservation methods required.

24:52:15:04. National historic preservation methods required. In addition to the criteria in SDCL 1-19A-13 to 1-19A-13.3, projects approved to receive loans or grants from the fund must be in conformance with the national historic preservation methods in § 24:52:07:02.

Source: 21 SDR 50, effective September 21, 1994.

General Authority:SDCL 1-19A-5, 1-19A-13.5, 1-19A-29.

Law Implemented:SDCL 1-19A-13 to 1-19A-13.3.

Rule 24:52:15:05 Priorities for distributions from fund.

24:52:15:05. Priorities for distributions from fund. The board shall grant priority for distribution of the fund to the following:

(1) Properties not eligible for federal or state incentive programs;

(2) Applications documenting more than the dollar-for-dollar match;

(3) Endangered historic properties;

(4) Properties receiving on-going maintenance and whose current state of repair is not the result of neglect;

(5) Projects focusing on or related to minority or ethnic groups, especially American Indians;

(6) Projects that will substantially benefit historical preservation in South Dakota;

(7) Applications that are clear, concise, and complete, with a detailed budget;

(8) Projects with preservation assistance provided by qualified personnel; and

(9) Projects that will substantially benefit the general public and show documented public support.

Source: 21 SDR 50, effective September 21, 1994; 24 SDR 73, effective December 4, 1997; 28 SDR 182, effective July 10, 2002; 29 SDR 66, effective November 17, 2002.

General Authority:SDCL 1-19A-5, 1-19A-13.5, 1-19A-29.

Law Implemented:SDCL 1-19A-13 to 1-19A-13.3.

Rule 24:52:15:06 Distributions from fund.

24:52:15:06. Distributions from fund. The board shall consider applications biannually following a public announcement that grants or loans will be made from the fund.

Source: 21 SDR 50, effective September 21, 1994; 24 SDR 73, effective December 4, 1997; 28 SDR 182, effective July 10, 2002.

General Authority:SDCL 1-19A-5, 1-19A-13.5, 1-19A-29.

Law Implemented:SDCL 1-19A-13 to 1-19A-13.3.

Rule 24:52:15:07 Announcement of award.

24:52:15:07. Announcement of award. The state historic preservation officer shall make an announcement concerning awards of the fund within 90 days after formal project review by the board.

Source: 24 SDR 73, effective December 4, 1997.

General Authority:SDCL 1-19A-5, 1-19A-13.5, 1-19A-29.

Law Implemented:SDCL 1-19A-13 to 1-19A-13.3.

Rule 24:52:15:08 Restrictive covenant.

24:52:15:08. Restrictive covenant. Upon receipt of an award from the fund the applicant shall sign a restrictive covenant running with the property which states that the property must be maintained in a manner that preserves its restored portions and that all work performed on the property within the eight-year covenant period must meet the standards of the board in § 24:52:07:02. The applicant shall file the covenant with the register of deeds in the county in which the property is located and provide proof of filing to the office before the office will disburse any loan or grant payments.

Source: 24 SDR 73, effective December 4, 1997; 28 SDR 182, effective July 10, 2002; 39 SDR 100, effective December 3, 2012.

General Authority: SDCL 1-19A-5, 1-19A-13.5, 1-19A-29.

Law Implemented: SDCL 1-19A-13 to 1-19A-13.3.

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