S 1187 Session 109 (1991-1992)
S 1187 General Bill, By Drummond, Bryan, Courson, I.E. Lourie, A.S. Macaulay,
S.S. Martschink, Moore, T.H. Pope, Russell, N.W. Smith and Wilson
A Bill to amend Title 60, Code of Laws of South Carolina, 1976, by adding
Chapter 12 so as to give authority to the Department of Archives and History
to identify, record, and evaluate all state-owned or leased facilities to
determine which of these facilities may be considered historically
significant, to require the Department to provide copies of the inventory to
departments, agencies, and institutions which have jurisdiction over the
buildings and sites listed, to authorize the Department of Archives and
History to institute a historic preservation review process for permanent
improvements and construction affecting historic properties or facilities, to
authorize the Department of Archives and History to promulgate regulations to
effectuate the provisions of this Chapter, and to provide for exceptions.
01/16/92 Senate Introduced and read first time SJ-14
01/16/92 Senate Referred to Committee on Finance SJ-14
A BILL
TO AMEND TITLE 60, CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING CHAPTER 12 SO AS TO GIVE AUTHORITY TO
THE DEPARTMENT OF ARCHIVES AND HISTORY TO
IDENTIFY, RECORD, AND EVALUATE ALL STATE-OWNED OR
LEASED FACILITIES TO DETERMINE WHICH OF THESE
FACILITIES MAY BE CONSIDERED HISTORICALLY
SIGNIFICANT, TO REQUIRE THE DEPARTMENT TO PROVIDE
COPIES OF THE INVENTORY TO DEPARTMENTS, AGENCIES,
AND INSTITUTIONS WHICH HAVE JURISDICTION OVER THE
BUILDINGS AND SITES LISTED, TO AUTHORIZE THE
DEPARTMENT OF ARCHIVES AND HISTORY TO INSTITUTE A
HISTORIC PRESERVATION REVIEW PROCESS FOR
PERMANENT IMPROVEMENTS AND CONSTRUCTION
AFFECTING HISTORIC PROPERTIES OR FACILITIES, TO
AUTHORIZE THE DEPARTMENT OF ARCHIVES AND HISTORY
TO PROMULGATE REGULATIONS TO EFFECTUATE THE
PROVISIONS OF THIS CHAPTER, AND TO PROVIDE FOR
EXCEPTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is the intent of the General Assembly that in order to
ensure the preservation of the state's significant historic properties, the
Department of Archives and History is empowered to administer and
enforce the requirements of this act.
SECTION 2. Title 60 of the 1976 Code is amended by adding:
"CHAPTER 12
Protection of Historic Resources
Section 60-12-10. As used in this chapter:
(1) `Adverse effect' means an effect on a historic property
which diminishes the integrity of the property's location, design, setting,
materials, workmanship, feeling, or associations. Adverse effects on
historic properties include, but are not limited to:
(a) physical destruction, damage, or alteration of all or part
of the property;
(b) isolation of the property from alteration of the
character of the property's setting when that character contributes to the
property's significance as defined under the criteria for evaluation;
(c) introduction of visual, audible, or atmospheric elements
that are out of character with the property or setting;
(d) neglect of a property resulting in its deterioration or
destruction; and
(e) transfer, lease, or sale of the property.
(2) `Agency' means the state agency, department,
foundation, or institution which is responsible for or has jurisdiction
over the undertaking or which has ownership or jurisdiction over the
historic property.
(3) `Agency official' means the individual who is
authorized to act on behalf of the agency. The individual is to be a
designated official who will serve as the preservation officer for the
agency and have responsibility for coordinating that agency's
preservation activities, or a designated contact person who will represent
the agency on a specific undertaking.
(4) `Board' means the State Board of Review, an advisory
group that includes members representing the fields of archaeology,
architecture, architectural history, and history. The board also may
include members representing such interests and skills as local
government, private preservation organizations, law, geography, urban
planning, and landscape architecture.
(5) `Department' means the Department of Archives and
History.
(6) `Ground-disturbing activities' means construction or
alteration of a state-owned or leased facility that physically changes or
disturbs the terrain, including new paved roads or lane addition; new
dams or dam changes that result in a permanent change in the water
level; extensions or enlargements of storm drainage systems; extensive
vegetation clearing for construction, agriculture, or silviculture; logging
or forestry purposes; or landscaping requiring extensive alteration of the
environment.
(7) `Historic properties' means those districts, sites
(archaeological or historic), buildings, structures, and objects fifty years
or older that possess integrity of location, design, setting, materials,
workmanship, feeling, and association. These properties must meet the
following criteria for evaluation:
(a) The properties are associated with events that have
made a significant contribution to the broad patterns of our history;
(b) The properties are associated with the lives of
persons significant in our past;
(c) The properties embody the distinctive characteristics
of a type, period, or method of construction, or represent the work of a
master, or possess high artistic values, or represent a significant and
distinguishable entity whose components may lack individual
distinction; or
(d) The properties have yielded, or may be likely to
yield, information important in prehistory or history.
(8) `Interested parties' means those organizations and
individuals that are concerned with the effects of an undertaking on
historic properties. These organizations may provide comments on the
undertaking to the department or the agency. Interested parties may
include:
(a) local governments. Local governments include those
with jurisdiction over historic properties affected by an undertaking.
(b) the public. Members of the public may include
private citizens or organizations.
(9) `Permanent improvement project' means a project so
defined by the Joint Bond Review Committee and the Budget and
Control Board.
(10) `State properties committee' means a subcommittee of
the State Board of Review, which will include at least three members
with at least one member representing the field of architecture,
architectural history, archaeology, or related fields as appropriate.
(11) `Undertaking' means permanent improvement project
as defined or any alterations or changes made by the State, its agencies,
departments, foundations, or institutions on or to any historic property
owned or leased by the State of South Carolina. An undertaking also
includes the transfer of property from state to private ownership, the
acquisition of property by the State, and activities that involve ground
disturbance on state-owned or leased lands.
Section 60-12-20. This chapter applies to any agency that owns or
leases historic properties, those agencies acquiring property or
transferring property to private ownership, and those state agencies
involved in ground disturbing activities.
Section 60-12-30. (A) Agencies must initiate measures and
procedures to provide for the maintenance, through preservation or
rehabilitation, of state-owned historic properties to professional
standards prescribed by the department.
(B) Each agency shall develop, in consultation with the
department, a long-range plan for the management and preservation or
rehabilitation of historic properties.
(C) Before it acquires, builds, or leases any building, an
agency shall use, if possible, available historic buildings.
(D) Each agency shall designate an agency official as defined
above.
(E) Where appropriate, agencies may expend funds
appropriated for their agency's authorized programs for the purposes of
activities carried out pursuant to this chapter, except to the extent that
the appropriations legislation expressly provides otherwise. Each
agency may include the costs of preservation activities under this
chapter as eligible project costs in all undertakings of the agency or as
assisted by the agency. The eligible project costs also may include
amounts paid by an agency to any other state agency, corporation,
university, college, other institution of higher education, or professional
organization to be used in carrying out the preservation responsibilities
of the agency under this chapter.
Section 60-12-40. (A) The department shall conduct a survey to
identify, evaluate, and record all properties, excepting archaeological
sites, under the jurisdiction of the State which are in accordance with the
criteria for evaluation.
(B) The identification, recording, and evaluating process must
be completed within two years after the effective date of this act. The
inventory must be updated at least every five years or as new
information is obtained. Caution must be exercised during the interim
period until these inventories and evaluations are completed to assure
that any state-owned property that might meet the criteria for evaluation
is not inadvertently transferred, sold, demolished, substantially altered,
or destroyed. If there is a question about whether a property meets the
criteria, the agency must request an opinion from the department.
(C) Properties previously listed in the National Register of
Historic Places and those previously evaluated and determined eligible
for inclusion in the National Register by the department are
automatically subject to this chapter.
(D) The department shall notify agencies of the designation of
properties as historically significant as these properties are determined
eligible.
(E) Before authorizing any ground disturbances under the
agency's jurisdiction, the agency shall consult with the department to
determine if a survey is required to identify and evaluate archaeological
sites in the project area.
Section 60-12-50. (A) No undertaking may be conducted
without prior consultation with the department unless the agency has
entered into a programmatic agreement with the department as described
in Section 60-12-70.
(B) The agency will initiate consultation by submitting the
following documentation to the department:
(1) a description of the undertaking, including
photographs, maps, and drawings as necessary;
(2) a description of the historic properties affected by the
undertaking;
(3) a description of the undertaking's effects on historic
properties;
(4) the opinions of interested parties, if any were provided,
as well as a description of the means employed to solicit those opinions.
The agency will seek and consider opinions of interested parties when
taking steps to evaluate effects and develop alternatives;
(5) if the effect is adverse, as described under Section
60-12-10(3), the agency also must provide alternatives or measures
which were considered to avoid, minimize, or mitigate adverse effects
to historic properties and the reasons why any rejected alternatives or
measures were considered not to be prudent and feasible.
(C) After receipt of the documentation described above, the
department shall assess whether the proposed project will have an
adverse effect on a historic property and provide a written reply to the
agency within thirty days.
(D) When the undertaking is found to be adverse, the
department and the agency will determine if there are any prudent or
feasible alternatives to avoid, minimize, or mitigate the adverse effect.
When this is made, the department and the agency may enter into a
memorandum of agreement that outlines the process for mitigating
adverse effects that may result from the undertaking."
Section 60-12-60. (A) When the agency and department cannot
agree on the effect of an undertaking, alternatives, or measures that
avoid, minimize, or mitigate, the adverse effect an undertaking might
have on historic properties, the agency can request the comment of the
State Properties Committee.
(B) Documentation as described in Section 60-12-50(D) must
accompany the agency's written request for the State Properties
Committee's comment and be provided to the State Properties
Committee, the department, and any other interested parties.
(C) The agency shall provide an adequate opportunity for
interested parties to receive information and express their opinions. The
agency, department, or the State Properties Committee may meet with
interested members of the public or conduct a public information
meeting for this purpose.
(D) The State Properties Committee shall review the
documentation provided by the agency and the written opinion of the
department. The committee shall provide its written comments to the
agency within thirty days after receipt of the request for comment.
(E) If the agency does not wish to accept the recommendations
made by the State Properties Committee, the agency may then ask the
board to review the documentation on the undertaking. If the agency
seeks the comments of the board, the agency must provide written
notification to the department at the same time that review by the board
is requested.
(F) The recommendations of the board are final.
Section 60-12-70. (A) The agency and the department may agree
to enter into a programmatic agreement to address historic property
management. A programmatic agreement may be appropriate for these
programs or projects:
(1) when the agency has qualified professionals in charge
of management of historic properties;
(2) when effects on historic properties are similar and
repetitive;
(3) when a type of undertaking involves routine
maintenance, will not significantly alter the material appearance of a
property, or will not result in ground disturbance;
(4) when effects on historic properties cannot be fully
determined before approval.
Section 60-12-80. The department shall provide for procedures for
the execution of this chapter through appropriate regulations.
Section 60-12-90. This chapter does not apply to:
(1) Section 106 of the National Historic Preservation Act,
as amended. This includes any undertaking requiring federal funding,
licensing, or approval or any undertakings on federal property.
(2) the provisions of Article 5, Chapter 7, Title 54 (South
Carolina Underwater Antiquities Act of 1991)."
SECTION 3. This act takes effect upon approval by the Governor.
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