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In accordance with the National Historic Preservation Amendments Act
of 1980, the CLG shall submit comments to the HPO regarding the eligibility
of each property or district within its jurisdiction which is proposed
for nomination to the NRHP. These comments shall contain the evaluation
of the property according to the NRHP criteria by the local historic preservation
commission and the chief local elected officials, the latter acting on
behalf of the local governing board. The comments may be as simple as
affirmative statements that, in their opinion, the property is eligible.
Local governing boards and local commissions are encouraged to submit
any other comments they feel are relevant. Comments may be submitted on
forms provided by the HPO. If the chief local elected official and the
local historic preservation commission agree that the property does not
meet NRHP criteria, the commission shall submit a finding indicating how
it does not. The CLG will be involved in the NRN process in the following
manner:
- The SHPO shall receive completed NRNs.
- If a property to be nominated lies within the jurisdiction of a CLG,
the HPO shall transmit copies of the nomination to the local historic
preservation commission and the chief local elected official within
thirty (30) days after the HPO has determined that the nomination is
complete and accurate and at least sixty (60) days prior to consideration
by the State Professional Review Committee (SPRC).
- Concurrently, the HPO shall notify the property owner(s) that the
nomination has been completed.
- The local historic preservation commission and the chief local elected
official, the latter acting on behalf of the local governing board,
shall separately notify the SHPO and the applicant as to their opinions
in regard to the proposed nomination within sixty (60) days of receipt
of the nomination materials.1 If the CLG does not respond
within sixty (60) days, approval of the nomination will be assumed.
With the concurrence of the CLG, the SHPO may specify a briefer review
period in order to expedite the nomination process.
- When a commission considers a NRN for a resource (such as an archaeological
site, or a building or district possessing historical and/or architectural
significance), which is normally evaluated by a professional in a specific
discipline (such as an archaeologist, architect or architectural historian,
or historian) and that discipline is not represented on the commission,
the commission shall seek expertise in this area before rendering its
decision. When considering nominations in such cases, the commission
is encouraged to seek the assistance of professionals in the community
or region, such as college or university faculty or museum staff.
Commissions may wish to explore the possibility of sharing professional
expertise among several communities. Commissions may also seek the assistance
of either the Archaeology or Survey and Planning branches of the DAH.
Professionals consulted for opinions on eligibility should meet the
standards in 36 CFR 61 (see
Appendix).
- During the 60-day period, the CLG shall provide a reasonable opportunity
for public comment. The measures to be taken will be in accord with
the CLG Certification Agreement. The CLG shall submit a record of the
measures taken to notify the public and the comments received.
- In the event that both the historic preservation commission and the
chief local elected official recommend that the property is eligible
and should be nominated to the NRHP, the SHPO shall place the proposed
nomination before the SPRC for consideration at the earliest possible
quarterly meeting.
- In the event that either the historic preservation commission or the
chief local elected official does not agree that the property is eligible
and should be nominated to the NRHP, the SHPO will place the proposed
nomination before th SPRC for consideration at the earliest possible
quarterly meeting. The SPRC will be informed of the CLG's comments.
- In the event that both the historic preservation commission and the
chief local elected official agree that the property should not be nominated
to the NRHP, the CLG will return the nomination materials to the SHPO,
who shall take no further action unless, within thirty (30) days of
the return of such nomination materials, a written appeal is filed by
a third party with the HPO. If such an appeal is filed, the SHPO shall
place the nomination before the SPRC for consideration at the earliest
possible quarterly meeting and shall inform the SPRC of the CLG's objections.
- After a nomination is approved by the SPRC, the HPO shall transmit
it to the NRHP with the comments and opinions of the chief local elected
official and the local historic preservation commission, together with
any appeal which may have been filed.
- In order to expedite the nomination process, an applicant may submit
a completed nomination, concurrently to the CLG and the SHPO. Within
sixty (60) days, the chief local elected official and the local historic
preservation commission shall submit their comments and opinions regarding
the proposed nomination to the SHPO and the applicant. The CLG shall
ensure that a reasonable opportunity for public comment on the nomination
has been provided. After the SHPO has verified that the nomination is
complete and accurate, he/she will place the nomination before the SPRC
for consideration at the earliest possible quarterly meeting, following
the mandatory owner notification procedures.
- The SHPO may, at his/her discretion and by mutual written agreement
with the CLG, delegate further responsibilities for NRNs to the CLG
except for the authority to review and nominate properties directly
to the NRHP. Local governments may petition to assume responsibility
for preparing NRNs if they have sufficient and qualified staff. Staff
qualifications shall be consistent with the standards established in
36 CFR 61 (see Appendix).
1 Although the federal regulations governing the CLG program
call for the chief local elected official to provide comments on proposed
NRNs within the jurisdiction of a CLG, North Carolina law stipulates that
the mayor or chairman of the board of county commissioners may act only
in an administrative capacity on behalf of the local governing board.
If a CLG has doubts about the legality of the chief elected official assuming
sole responsiblity for comments on proposed NRNs, it may wish to consider
two alternatives: 1) having the governing board review each nomination;
or 2) having the governing board pass a resolution granting the chief
elected official the authority to furnish comments on behalf of the governing
board. The SHPO shall provide CLGs with the wording for such a resolution
upon request.
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