Current Status Introducing Body:Senate Bill Number:1187 Primary Sponsor:Drummond Committee Number:06 Type of Legislation:GB Subject:Archives and History Department Residing Body:Senate Current Committee:Finance Computer Document Number:436/12016.DW Introduced Date:Jan 16, 1992 Last History Body:Senate Last History Date:Jan 16, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Drummond Lourie Macaulay Bryan Pope Martschink Moore Nell W. Smith Courson Wilson Russell Type of Legislation:General Bill
Bill Body Date Action Description CMN
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1187 Senate Jan 16, 1992 Introduced, read first time, 06
referred to Committee
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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:
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.