ARSD Article 24:52 — OFFICE OF HISTORY

EDUCATION EDUCATION

Chapter 24:52:00

ARSD 24:52:00:01 Definitions

Terms defined in SDCL 1-19A-2 have the same meaning in this article. In addition, terms used in this article mean:

(1) "Adverse effect," an action or condition which threatens the historical integrity of a historic property as referred to in 36 C.F.R. § 800.5 (August 5, 2004);

(2) "Case report," a written and illustrated report of efforts undertaken to continue the listing of a property on the state register;

(3) "Certificate of appropriateness," a document of approval issued by a local historic district commission under SDCL 1-19B-42;

(4) "Commercial purposes," advertising; calendar, poster, brochure, book, magazine, or newspaper publication; commercial decorative display; films, filmstrips, and videotapes produced by for-profit organizations; and commercial television broadcasting;

(5) "Construction costs," expenditures for the physical erection, repair, rehabilitation, or restoration of structures or buildings;

(6) "Enduring value," lasting value for research, reference, or other use to safeguard the rights of and delineate the responsibilities of citizens, to document public policy, to provide accountability of state government to citizens, and to document the organization, functions, policies, and transactions of state government and its relationship to federal and local government; continuing long-term value for scientific, fiscal or economic, legal, medical, environmental, or historical research purposes;

(7) "Family," a group of persons generally consisting of parents or guardians and minor children living at home;

(8) "Growth management," policies and procedures carried out by the state or entities of the state through zoning, planning, economic development, public education, and the regulation of construction which protect and enhance historical, economic, and social qualities of a community or region as change takes place;

(9) "Museum Collections Committee," a committee of three South Dakota citizens who meet at the request of the museum director to make determinations on acquisitions with restrictions and deaccessions. The candidates to the committee are nominated by the museum director and are appointed and serve at the pleasure of the South Dakota State Historical Society Board of Trustees;

(10) "Historical integrity," authentic structure, features, elements, artifacts, physical characteristics, or setting surviving from a property's period of historic significance which substantiate its identity as a genuine historical place;

(11) "National register," the national register of historic places as created by the National Historic Preservation Act of 1966, as amended to December 22, 2006, Pub. L. No. 89-665 (October 15, 1966);

(12) "Nonconstruction costs," expenditures for activities other than construction costs;

(13) "Permanent paper," acid-neutral or alkaline-based paper which meets or exceeds American National Standards Institute (ANSI) standard Z39.48 (1984) for permanent paper;

(14) "Project," an activity, permit, plan, or action, including restoration or rehabilitation, which affects or may affect the physical structure or physical setting of a historic property;

(15) "Publication," printed material produced by or through a state agency, office, board, commission, institution, court of record, or official which is intended for distribution outside the agency or office, regardless of production process;

(16) "State entity," an agency, political subdivision of the state, or instrumentality of state government, including the various state departments, commissions, boards, county governments, municipal governments, and school districts;

(17) "State register," the state register of historic places as provided for in SDCL 1-19A-5;

(18) "Tax certificate," a document issued by the board approving a project for tax moratorium under SDCL 1-19A-20;

(19) "Tax-certified property," historic property which has undergone a restoration or rehabilitation project certified by the board as meeting the conditions of SDCL 1-19A-20;

(20) "Visitor management," provisions for the protection, convenience, and information of visitors to a place of interest, including access, parking, orientation including historical information and experiences, and facilities; the reduction of physical, visual, or atmospheric effects of visitors on the special qualities of the place.

Reference: American National Standard for Information Sciences - Permanence of Paper for Printed Library Materials ANSI Z39.48, 1984 edition, American National Standards Institute. Copies may be obtained from the American National Standards Institute, 11 West 42nd Street, New York, New York 10036. Cost $22.

History

• Source: 16 SDR 239, effective July 9, 1990; 19 SDR 122, effective February 25, 1993; 20 SDR 114, effective January 23, 1994; 20 SDR 218, effective June 30, 1994; 21 SDR 50, effective September 21, 1994; 22 SDR 20, effective August 20, 1995; 28 SDR 182, effective July 10, 2002; 36 SDR 103, effective December 8, 2009.
• General Authority: SDCL 1-19A-5, 1-19A-29.
• Law Implemented: SDCL 1-19A-5 to 1-19A-29.

Chapter 24:52:01

ARSD 24:52:01:01 Donated objects as tax deductions

Donations to the museum are tax deductible as charitable contributions for the value of the property as determined by an appraisal or receipt. The donor shall secure the appraisal. Staff members may not appraise donations.

History

• Source: 13 SDR 23, effective September 1, 1986.
• General Authority: SDCL 1-18C-12.
• Law Implemented: SDCL 1-18C-12.

ARSD 24:52:01:02 Conditions for accessioning objects

Accessioning is the process of accepting and incorporating an object into a museum collection. The museum director shall approve all acquisitions. Museums may accept objects only under the following conditions:

(1) The objects are relevant to and consistent with the purposes and activities of the museum;

(2) The museum can provide for storage, protection, and preservation of the objects under conditions that are consistent with professional standards in the Manual for Museums and Code of Ethics for Museums ;

(3) The museum can acquire valid title to the object in question.

References : Manual for Museums , by Ralph H. Lewis, Washington: National Park Service. Copies may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.

Code of Ethics for Museums , Washington: American Association of Museums. Copies may be obtained from the American Association of Museums, 1055 Thomas Jefferson Street, NW, Washington, DC 20007.

History

• Source: 13 SDR 23, effective September 1, 1986; 44 SDR 43, effective September 12, 2017.
• General Authority: SDCL 1-18C-12.
• Law Implemented: SDCL 1-18C-12.

ARSD 24:52:01:03 Title to objects

Title to all objects acquired for a museum collection shall be obtained free and clear, without restrictions on use or future disposition unless the acceptance of objects offered as gifts with mandatory restrictions or limitations is approved by a majority vote of the board. The conditions shall then be stated in an instrument of conveyance which is made part of the accession records for the objects.

History

• Source: 13 SDR 23, effective September 1, 1986.
• General Authority: SDCL 1-18C-12.
• Law Implemented: SDCL 1-18C-12.

ARSD 24:52:01:04 Procedure for accepting an object with mandatory restrictions

The procedure for accepting an object with mandatory restrictions is as follows:

(1) The museum director recommends acceptance to the museum's collections committee;

(2) The museum's collections committee recommends acceptance to the director of the South Dakota State Historical Society;

(3) The director of the State Historical Society recommends acceptance to the board; and

(4) The board votes on acceptance.

History

• Source: 13 SDR 23, effective September 1, 1986.
• General Authority: SDCL 1-18B-6, 1-18C-12.
• Law Implemented: SDCL 1-18B-6, 1-18C-12.

ARSD 24:52:01:05 Legal instruments of conveyance

A legal instrument of conveyance that sets forth a complete description of the objects and the precise conditions of transfer shall accompany all gifts and purchases to the museum. The seller or donor and the museum director shall sign all conveyances. The museum shall maintain a copy of the conveyance with its registration records.

History

• Source: 13 SDR 23, effective September 1, 1986.
• General Authority: SDCL 1-18C-12.
• Law Implemented: SDCL 1-18C-12.

ARSD 24:52:01:06 Permanent records

The museum shall keep permanent registration records for all objects acquired.

History

• Source: 13 SDR 23, effective September 1, 1986.
• General Authority: SDCL 1-18C-12.
• Law Implemented: SDCL 1-18C-12.

Chapter 24:52:02

ARSD 24:52:02:01 Justification

Deaccessioning is the process of permanently removing an object from a museum collection. The board may deaccession museum objects under any of the following circumstances:

(1) The objects have lost their physical integrity, identity, or authenticity;

(2) The objects are no longer relevant and useful to the purposes and activities of the museum;

(3) The museum cannot store, preserve, or use the objects under conditions that are consistent with professional standards in the Manual for Museums and Code of Ethics for Museums ;

(4) The collection would be improved through the sale or exchange of objects for new acquisitions; or

(5) The Native American Graves Protection and Repatriation Act of 1990 Pub. L. No. 101-601; 25 U.S.C. § 3001-3013; 104 Stat. 3048-3058, as in effect on January 1, 1994, applies to the objects.

References : Manual for Museums , by Ralph H. Lewis, Washington: National Park Service. Copies may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.

Code of Ethics for Museums , Washington: American Association of Museums. Copies may be obtained from the American Association of Museums, 1055 Thomas Jefferson Street, NW, Washington, DC 20007.

History

• Source: 13 SDR 23, effective September 1, 1986; 20 SDR 114, effective January 23, 1994; 44 SDR 43, effective September 12, 2017.
• General Authority: SDCL 1-19A-11.
• Law Implemented: SDCL 1-19A-11.

ARSD 24:52:02:02 Procedure for deaccessioning

The procedure for deaccessioning a collections object is as follows:

(1) The museum director recommends an object for deaccessioning to the museum's collections committee;

(2) The museum's collections committee recommends an object for deaccessioning to the director of the South Dakota State Historical Society;

(3) Upon approval of the director of the State Historical Society, the museum director shall send a notice of intent to deaccession to the donor of the object at the donor's last known address. The notice shall be sent by certified mail at least 30 days before the board meeting at which a vote on deaccessioning will take place;

(4) The director of the State Historical Society recommends the object for deaccessioning to the board;

(5) The board votes on deaccessioning.

The object shall be deaccessioned following a majority vote of the board.

History

• Source: 13 SDR 23, effective September 1, 1986.
• General Authority: SDCL 1-19A-11.
• Law Implemented: SDCL 1-19A-11.

ARSD 24:52:02:03 Deaccessioning objects with restrictions

When restrictions apply to an object being deaccessioned, the museum shall act as follows:

(1) Mandatory restrictions shall be strictly observed unless deviation from their terms is authorized by the donor or by a court of competent jurisdiction;

(2) Objects to which precatory restrictions apply may be disposed of after efforts are made to comply with the restricting conditions.

History

• Source: 13 SDR 23, effective September 1, 1986.
• General Authority: SDCL 1-19A-11.
• Law Implemented: SDCL 1-19A-11.

ARSD 24:52:02:04 Disposition of deaccessioned objects to certain persons prohibited

Objects may not be given, traded, or sold privately to South Dakota State Historical Society employees, South Dakota State Historical Society officers, members of the museum's governing authority, or their representatives.

History

• Source: 13 SDR 23, effective September 1, 1986.
• General Authority: SDCL 1-19A-11.
• Law Implemented: SDCL 1-19A-11.

ARSD 24:52:02:05 Permanent records

The museum shall maintain a permanent record of the conditions and circumstances under which objects are deaccessioned.

History

• Source: 13 SDR 23, effective September 1, 1986.
• General Authority: SDCL 1-19A-11.
• Law Implemented: SDCL 1-19A-11.

Chapter 24:52:03

ARSD 24:52:03:01 Lending museum objects

All loans made by the museum must have the approval of the museum director. The museum may make loans only to institutions or individuals that will care for and provide security for objects. The museum shall require that insurance be provided by the borrower where the value of the loan exceeds $1,000. The museum may require that insurance be provided by the borrower where the value of the loan if less than $1,000. The board may waive this requirement upon the request of the museum director. All agreements regarding the loaning of objects to or from a museum must be in writing and signed by each party.

History

• Source: 13 SDR 23, effective September 1, 1986.
• General Authority: SDCL 1-19A-11.
• Law Implemented: SDCL 1-19A-11.

ARSD 24:52:03:02 Hazards of transporting loans

The museum director shall lend objects only when the museum director determines that the objects will not be damaged by movements involved in transporting them.

History

• Source: 13 SDR 23, effective September 1, 1986.
• General Authority: SDCL 1-19A-11.
• Law Implemented: SDCL 1-19A-11.

ARSD 24:52:03:03 Loan periods

The museum shall loan objects for specific periods of time not to exceed one year. The museum may renew or extend the loan period.

History

• Source: 13 SDR 23, effective September 1, 1986.
• General Authority: SDCL 1-19A-11.
• Law Implemented: SDCL 1-19A-11.

ARSD 24:52:03:04 Borrowing objects

All loans made to a museum must first be approved by the museum director. The museum may only borrow objects for a specific purpose and a limited period of time.

History

• Source: 13 SDR 23, effective September 1, 1986.
• General Authority: SDCL 1-19A-11.
• Law Implemented: SDCL 1-19A-11.

ARSD 24:52:03:05 Liability and insurance for borrowed objects

The museum shall care for borrowed objects as it does for comparable property of its own. The museum is not liable for any loss or damage to borrowed objects and shall inform the lender of this policy. If the lender requires the objects to be insured, the museum may insure the objects for their fair market value, and recovery is limited to the amount paid by the insurer. The lender may insure loans made to the museum. However, the lender must agree in writing that both the lender and the lender's insurance company will release the museum from any liability if loss or damage occurs.

History

• Source: 13 SDR 23, effective September 1, 1986.
• General Authority: SDCL 1-19A-11.
• Law Implemented: SDCL 1-19A-11.

ARSD 24:52:03:06 Reclamation of borrowed objects

If someone other than the original lender attempts to reclaim a borrowed object, the claimant must provide written proof of ownership or proof that the claimant is the sole representative or legal heir of the lender.

History

• Source: 13 SDR 23, effective September 1, 1986.
• General Authority: SDCL 1-19A-11.
• Law Implemented: SDCL 1-19A-11.

ARSD 24:52:03:07 Unclaimed loans

If 90 days after the expiration of a loan period the museum has been unsuccessful in its efforts to contact the lender and arrange for the return of the borrowed property and if no arrangements have been made for the return of the loan, the museum shall place the property in storage at the lender's risk and expense and shall discontinue its insurance coverage.

History

• Source: 13 SDR 23, effective September 1, 1986; 20 SDR 114, effective January 23, 1994; 20 SDR 126, effective February 10, 1994.
• General Authority: SDCL 1-19A-11.
• Law Implemented: SDCL 1-19A-11, 43-41C-1 to 43-41C-4.

Chapter 24:52:04

ARSD 24:52:04:01 Repealed

History

• Source: 13 SDR 23, effective September 1, 1986; repealed, 18 SDR 126, effective February 3, 1992.

ARSD 24:52:04:02 Transferred

ARSD 24:52:04:03 Transferred

Chapter 24:52:05

ARSD 24:52:05:01 Membership fees for State Historical Society

The fees for membership in the South Dakota State Historical Society are as follows:

(1) Individual annual membership, $50;

(2) International annual membership, $75;

(3) Life-plus annual membership, $30;

(4) Family/dual annual membership, $55;

(5) History-related groups and libraries annual membership, $55;

(6) Student annual membership, $30; and

(7) Business/corporate annual membership, $70.

The board may offer membership incentive programs. The board shall base its decision on the promotional value to the State Historical Society of a reduced fee, the number of persons affected, and the cost to the State Historical Society.

Note: Individual life memberships in existence on January 22, 1990, will continue in effect throughout the life of the holder. The life-plus annual membership is available only to existing individual life members in order to receive South Dakota History and free museum admission.

History

• Source: 13 SDR 23, effective September 1, 1986; 16 SDR 118, effective January 22, 1990; 18 SDR 126, effective February 3, 1992; 20 SDR 218, effective June 30, 1994; 24 SDR 73, effective December 4, 1997; 28 SDR 182, effective July 10, 2002; 42 SDR 14, effective August 10, 2015; 47 SDR 24, effective Septemer 8, 2020.
• General Authority: SDCL 1-18-5.
• Law Implemented: SDCL 1-18-5.

ARSD 24:52:05:02 Fees for services by State Historical Society

The fees for services provided by the State Historical Society are as follows:

(1) Photocopying:

(a) Letter and legal size, $0.25 for a black and white exposure and $0.50 for a color exposure; 11" x 17", $0.50 for a black and white exposure and $1.00 for a color exposure, with a minimum charge of $5 for mail orders; oversize copies (larger than 11" x 17"), black and white, $5.00, color $10.00;

(b) Survey-Plats, $3;

(c) Survey notes, $0.50; and

(d) K-12 and post secondary students researching at the Cultural Heritage Center receive a 50% discount on photocopying fees;

(2) Microfilm reproduction/loan:

(a) Photocopy from a reader/printer, $1.00 per exposure. K-12 and post secondary students researching at the Cultural Heritage Center receive a 50% discount;

(b) Reproduction of a reel, $40;

(c) Interlibrary loan of microfilm for four weeks, $10 a reel;

(i) Replacement cost for lost interlibrary loan microfilm, $50 a reel;

(ii) Interlibrary loan late fee charged after five weeks of receipt, $10 per reel;

(3) Microfilm scanning:

(a) 16 mm microfilm scanning:

(i) Greyscale TIFF/JPG $0.10; PDF/crop/split pages $0.10; bookmarking/indexing $0.20; OCR $0.20;

(ii) Bitonal TIFF/JPG $0.10; PDF/crop/split pages $0.10; bookmarking/indexing $0.20; OCR $0.20;

(iii) Services not listed in this section: $30 per hour plus costs;

(iv) Discounts do not apply to services provided by the Special Projects Program; and

(v) Fees include delivery by email or file sharing service. Delivery by USB flash drive $5.00;

(b) 35 mm microfilm scanning:

(i) Greyscale TIFF/JPEG $0.10; PDF/crop/split pages $0.10; bookmarking/indexing $0.20; OCR $0.20;

(ii) Bitonal TIFF/JPEG $0.10; PDF/crop/split pages $0.10; bookmarking/indexing $0.20; OCR $0.20;

(iii) Services not listed in this section, $30 per hour plus costs;

(iv) Discounts do not apply to services provided by the Special Projects Program; and

(v) Fees include delivery by email or file sharing service. Delivery by USB flash drive $5.00;

(4) Digital Reproduction:

(a) $15.00 per scan of photos or maps;

(b) $10.00 per scan of photos or maps for South Dakota State Historical Society members, South Dakota state, local, tribal government agencies, and South Dakota not-for-profit organizations;

(c) $2.00 per scan for other textual materials;

(d) $0.30 per page for scanning projects at the Special Projects Program:

(i) Discounts do not apply to services provided by the Special Projects Program;

(e) Reproduction of existing digital files (previously digitized or born-digital):

(i) $15.00 per image for high resolution digital images of photos or maps;

(ii) $10.00 per image for high resolution digital images of photos or maps for South Dakota State Historical Society members, South Dakota state, local, and tribal government agencies, and South Dakota not-for-profit organizations;

(iii) $10.00 per file for audio or video files;

(iv) $1.00 per page for text-based digital files, with a maximum of $25.00 per file; and

(v) Fees include delivery by e-mail or file sharing service. Delivery by USB flash drive $5.00;

(f) Digital camera use for text; $15 per day; and

(g) K-12 and post-secondary students researching at the Cultural Heritage Center receive a 50% discount on scans and reproductions of existing digital files;

(5) Use fees apply to all photographic and digital images. The State Historical Society of South Dakota charges a use fee based on its ownership of the physical materials in its collections. Payment of the use fee does not constitute permission to reproduce works that are copyrighted. Users must determine on their own whether the use they intend to make of images invades copyright, rights to privacy, or other rights. Use fee are payable at the time of publication and are nonrefundable:

(a) One time use charged per item:

(i) Private use, public lectures, classroom instruction, or research, no use fees;

(ii) For-profit corporations, partnerships, private business, and individuals:

(A) In-state: $10 per item;

(B) Out-of-state: $25 per item;

(iii) International: $30 per item;

(iv) Not-for-profit corporations (must provide a copy of IRS verification) and out-of-state government agencies:

(A) In-state: No fee;

(B) Out-of-state: $10 per item;

(v) South Dakota State Historical Society members: No use fee for up to 10 items per project; and

(vi) South Dakota state, local, tribal government agencies, and South Dakota not-for-profit: No use fees;

(b) Revised editions and multiple languages constitute a reuse and must be applied for in writing; and

(c) Promotional use of items negotiated by contract;

(6) Records certification, $10 in addition to copying fees;

(7) Archaeological services:

(a) Collection curation:

(i) Box fee:

(A) 8"x10"x3" box, $50;

(B) 12"x6"x5" box, $75;

(C) 12"x18"x5" box, $225;

(D) 12"x15"x10" box, $375; and

(ii) Processing fee: $75 minimum; each additional hour after the first hour, $60;

(b) Collections maintenance: $3.50 per cubic foot per year;

(c) Curation agreements: $250 per individual per year;

(d) Loan processing: $75 minimum, $60 for each additional hour after the first hour;

(e) Archaeological permits: $250 per project;

(f) ARMS database account and GIS access:

(i) $1,500 per year for institutional use (up to 5 users); or

(ii) $500 per year per individual; or

(iii) $40 per hour per workstation for in-house access;

(g) Record search for institutions or individuals with an ARMS database account: $75 minimum; each additional hour after the first hour, $60;

(h) Record search for institutions or individuals without an ARMS database account: $100 minimum; each additional hour after the first hour, $75;

(i) Report pdf: $20;

(j) Other staff assistance: $60 an hour;

(8) State Archives research services:

(a) Search of a single record, such as a single newspaper, a single census record, a single naturalization record, a single cemetery record, or a single book: $15;

(b) Search of multiple records: $25 an hour; and

(9) Services not listed in this section: $30 an hour plus costs.

The South Dakota State Historical Society reserves the right to waive fees on an individual basis at the discretion of either the Society Director or Program Officer. The waiver of fees may be made only upon approval of a written application.

The South Dakota State Historical Society reserves the right to refuse requests for research, digitization, or reproduction if, in the opinion of the State Archivist, the act would produce an undue burden on staff, or would result in inappropriate use and/or dissemination of State Archives collections.

History

• Source: 13 SDR 90, effective January 22, 1987; 16 SDR 118, effective January 22, 1990; 20 SDR 114, effective January 23, 1994; 20 SDR 218, effective June 30, 1994; 22 SDR 20, effective August 20, 1995; 24 SDR 73, effective December 4, 1997; 26 SDR 168, effective June 25, 2000; 28 SDR 182, effective July 10, 2002; 32 SDR 129, effective January 31, 2006; 35 SDR 82, effective October 22, 2008; 36 SDR 103, effective December 8, 2009; 39 SDR 100, effective December 3, 2012; 42 SDR 14, effective August 10, 2015; 44 SDR 43, effective September 12, 2017; 47 SDR 24, effective Septemer 8, 2020.
• General Authority: SDCL 1-18-31.2, 1-20-21.1.
• Law Implemented: SDCL 1-18-31.2, 1-20-21.1.

ARSD 24:52:05:03 Admission fees for Cultural Heritage Center

The fees for daily admission to the Cultural Heritage Center Museum are as follows:

(1) South Dakotans and State Historical Society members, free;

(2) Children, 17 or younger, free;

(3) Student tour groups and chaperons, free;

(4) Out-of-state adults, age 18 to 59, inclusive, $8;

(5) Out-of-state senior citizens, age 60 or older, $6; and

(6) All adult and senior citizen tours, $5 per person.

History

• Source: 20 SDR 218, effective June 30, 1994; 22 SDR 20, effective August 20, 1995; 28 SDR 182, effective July 10, 2002; 47 SDR 24, effective Septemer 8, 2020.
• General Authority: SDCL 1-18-31.2, 1-20-21.1.
• Law Implemented: SDCL 1-18-31.2, 1-20-21.1.

ARSD 24:52:05:04 Repealed

History

• Source: 20 SDR 218, effective June 30, 1994; repealed, 22 SDR 20, effective August 20, 1995.

ARSD 24:52:05:05 Authorization of free or discounted admissions

The board may authorize free admission days and discount promotion programs for the Cultural Heritage Center Museum. The board shall base its decision on the following:

(1) The promotional value to the museum of a free or reduced admission;

(2) The number of persons affected; and

(3) The cost to the museum.

History

• Source: 20 SDR 218, effective June 30, 1994; 22 SDR 20, effective August 20, 1995.
• General Authority: SDCL 1-18-31.2, 1-20-21.1.
• Law Implemented: SDCL 1-18-31.2, 1-20-21.1.

ARSD 24:52:05:06 Fees for special exhibits and events

State Historical Society may charge fees of up to $50 a person for admission to special exhibits and events.

History

• Source: 20 SDR 218, effective June 30, 1994; 47 SDR 24, effective Septemer 8, 2020.
• General Authority: SDCL 1-18-31.2, 1-20-21.1.
• Law Implemented: SDCL 1-18-31.2, 1-20-21.1.

ARSD 24:52:05:07 Museum rental and admission fees for private functions

The fees for rental of and admission to the museums of the South Dakota State Historical Society for private functions are as follows:

Lobby $200 Member/$250 Nonmember;

Education Room/Lobby $200 Member/$250 Nonmember;

Education Room $50 Member/$75 Nonmember;

Observation Gallery $100 Member/$125 Nonmember; and

Entire Museum $250 Member/$300 Nonmember.

State Historical Society staff will be on duty throughout the function. No individual admission fees are assessed for private functions.

The board may authorize free rental and admission for a private function. The board shall base its decision on the following:

(1) The promotional value to the museum;

(2) The number of persons affected; and

(3) The cost to the museum.

History

• Source: 20 SDR 218, effective June 30, 1994; 35 SDR 82, effective October 22, 2008; 44 SDR 43, effective September 12, 2017.
• General Authority: SDCL 1-18-31.2, 1-20-21.1.
• Law Implemented: SDCL 1-18-31.2, 1-20-21.1.

ARSD 24:52:05:08 Fee for processing state certification of property tax moratorium applications

The fee for the processing of applications for the state tax moratorium is $30 for rehabilitation projects that cost less than $4000, $55 for rehabilitation projects that cost at least $4000 but less than $100,000, $75 for rehabilitation projects that cost at least $100,000 but less than $500,000, and $100 for rehabilitation projects that cost $500,000 or more during the calendar year for which the application is submitted.

History

• Source: 24 SDR 73, effective December 4, 1997; 26 SDR 168, effective June 25, 2000; 36 SDR 103, effective December 8, 2009.
• General Authority: SDCL 1-19A-5, 1-19A-29.
• Law Implemented: SDCL 1-19A-20 to 1-19A-24.

ARSD 24:52:05:09 Repealed

History

• Source: 24 SDR 73, effective December 4, 1997; 36 SDR 103, effective December 8, 2009; 44 SDR 43, effective September 12, 2017.

Chapter 24:52:06

ARSD 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.

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.

ARSD 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.

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.

ARSD 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.

History

• Source: 16 SDR 239, effective July 9, 1990.
• General Authority: SDCL 1-19A-5.
• Law Implemented: SDCL 1-19A-5.

ARSD 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.

History

• Source: 16 SDR 239, effective July 9, 1990.
• General Authority: SDCL 1-19A-5.
• Law Implemented: SDCL 1-19A-5.

ARSD 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.

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.

ARSD 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.

History

• Source: 16 SDR 239, effective July 9, 1990.
• General Authority: SDCL 1-19A-5.
• Law Implemented: SDCL 1-19A-5.

ARSD 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.

History

• Source: 16 SDR 239, effective July 9, 1990.
• General Authority: SDCL 1-19A-5.
• Law Implemented: SDCL 1-19A-5.

ARSD 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.

History

• Source: 16 SDR 239, effective July 9, 1990.
• General Authority: SDCL 1-19A-5.
• Law Implemented: SDCL 1-19A-5.

ARSD 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.

History

• Source: 16 SDR 239, effective July 9, 1990.
• General Authority: SDCL 1-19A-5.
• Law Implemented: SDCL 1-19A-5.

ARSD 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.

History

• Source: 16 SDR 239, effective July 9, 1990.
• General Authority: SDCL 1-19A-5.
• Law Implemented: SDCL 1-19A-5.

ARSD 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).

History

• 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.

ARSD 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.

History

• Source: 16 SDR 239, effective July 9, 1990.
• General Authority: SDCL 1-19A-5.
• Law Implemented: SDCL 1-19A-5.

ARSD 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.

History

• Source: 20 SDR 114, effective January 23, 1994.
• General Authority: SDCL 1-19A-5.
• Law Implemented: SDCL 1-19A-5.

Chapter 24:52:07

ARSD 24:52:07:01 Applicability

The rules in this chapter apply to historic properties listed on the state register or the national register, or both.

History

• Source: 16 SDR 239, effective July 9, 1990.
• General Authority: SDCL 1-19A-5.
• Law Implemented: SDCL 1-19A-5.

ARSD 24:52:07:02 National historic preservation methods required

The methods, policies, technical notes, preservation briefs, and guidelines used by the National Park Service of the U.S. Department of the Interior and the Advisory Council on Historical Preservation created by Pub. L. No. 89-665 (October 15, 1966) as amended to December 22, 2006, are the methods to be used to protect state register properties. These methods are published in the Historic Preservation Fund Manual Appendices (2007) and in The Secretary of the Interior's Standards for the Treatment of Historic Properties , National Park Service, revised 1995.

Reference: The Secretary of the Interior's Standards for the Treatment of Historic Properties , revised 1995, and the Historic Preservation Fund Manual Appendices (2007), National Park Service, U.S. Department of the Interior. Copies may be obtained free of charge from the State Historical Preservation Program, 900 Governors Drive, Pierre, SD 57501.

History

• Source: 16 SDR 239, effective July 9, 1990; 21 SDR 50, effective September 21, 1994; 24 SDR 73, effective December 4, 1997; 28 SDR 182, effective July 10, 2002; 36 SDR 103, effective December 8, 2009.
• General Authority: SDCL 1-19A-5, 1-19A-11, 1-19A-13.5, 1-19A-27, 1-19A-29.
• Law Implemented: SDCL 1-19A-5, 1-19A-11.1, 1-19A-15.4, 1-19A-17, 1-19A-20 to 1-19A-23, 1-19A-25 to 1-19A-26.

ARSD 24:52:07:03 Standards for case report

If a state entity or a political subdivision of the state is required by law or rule to report possible threats to the historical integrity of a property on the state register, the threat must be reported by means of a case report that meets the requirements of this section.

Case reports must provide the Office of History with sufficient information for the office to make an independent review of effects on the historical integrity of historic properties and shall be the basis for informed comments to state entities and the public. Case reports shall thoroughly examine all relevant factors involved in a preservation question. They must contain the following:

(1) A description of any impending project which may adversely affect historic property;

(2) Photographs, maps, or drawings showing the existing project site, the extent of projects, and details of the proposed projects, which may include three-dimensional models or accurate computer-generated representations of proposed new construction. Models or representations must clearly show the visual impacts of new construction on surrounding neighborhood or landscapes;

(3) The planning and approval schedule for projects which may adversely affect historic property;

(4) A statement explaining how projects adversely affecting the historic property were brought to the attention of a state entity or political subdivision;

(5) A description of potentially affected historic property with any relevant physical, economic, or situational information on the property;

(6) A description of the potential effects of a proposed project on historic property and the basis for the determinations of effect;

(7) A historic preservation plan or description and evaluation of all feasible and prudent alternatives which a state entity or political subdivision proposes in order to minimize adverse effects of a project on historic property and alternatives which the state entity or political subdivision has examined and rejected. The reasons for rejection must be included. This section of the case report must clearly substantiate that all possible efforts to minimize harm to the historic property have been undertaken. Alternatives to aspects of the project which may adversely affect the historic property must:

(a) Receive consideration based on factual reports, research, tried methods, and professional and lay preservation advice;

(b) Explore alternatives beyond the immediate project, taking into account broad community or regional issues in which the historic resources may play a contributing role;

(c) Take into account the impact of potential adverse effects on surrounding historic resources, community preservation plans, and long-range community opportunities;

(d) Be based on professional assessments of the value and basic structural condition of the affected property and estimates of a range of rehabilitation or mitigative options prepared by people experienced in historical preservation work; and

(e) Provide adequate periods of time for information to be prepared and for preservation options to be attempted;

(8) Documentation of consultation with the Office of History regarding the identification and evaluation of historic properties, assessment of effect, and any consideration of alternatives or mitigation measures;

(9) A description of the efforts of a state entity or political subdivision to obtain and consider the views of affected and interested parties;

(10) Documentation that a local historical preservation commission constituted under SDCL 1-19B with jurisdiction in the city or county where the affected historic property is located was provided a specified period of time to examine plans for proposed projects. Official comments of the commission must be included. The Office of History shall specify periods of time not to exceed 180 days to be given local historical preservation commissions to examine plans and may specify such periods for each set of revised plans submitted for a project. The commission shall:

(a) Agree with the findings of the case report;

(b) Disagree with the findings of the case report; or

(c) Decline to comment on the findings of the case report;

(11) Copies of written views submitted by the public to the state entity or political subdivision concerning the potential adverse effects of projects on historic properties and alternatives to reduce or avoid those effects.

The Office of History may require an abbreviated case report if, in its opinion, less than a comprehensive review of a preservation issue is needed. The office shall determine the elements needed for an abbreviated case report case by case.

History

• Source: 16 SDR 239, effective July 9, 1990; 21 SDR 50, effective September 21, 1994; 24 SDR 73, effective December 4, 1997.
• General Authority: SDCL 1-19A-5, 1-19A-11, 1-19A-29.
• Law Implemented: SDCL 1-19A-5, 1-19A-11.1.

ARSD 24:52:07:04 Standards for new construction and additions in historic districts

New construction or additions within a historic district must comply with The Secretary of the Interior's Standards for the Treatment of Historic Properties as incorporated by reference in § 24:52:07:02. In addition the following standards apply:

(1) Compatibility of design. Massing, size, and scale of new construction must be compatible with surrounding historic buildings. Overall architectural features of new construction must be of contemporary design which does not directly mimic historic buildings. Architectural elements such as windows, doors, and cornices must be similar in rhythm, pattern, and scale to comparable elements in adjacent historic buildings. The overall visual appearance of new construction may not dominate or be distracting to the surrounding historic landscape;

(2) Height. The height of new buildings or additions to existing buildings may not exceed a standard variance of ten percent of the average height of historic buildings on both sides of the street where proposed new construction is to be located;

(3) Width. The width of new buildings or additions to existing buildings must be similar to adjacent historic buildings;

(4) Proportion. The relationship between the height and width of new buildings or additions to existing buildings must be similar in proportion to existing historic buildings. The proportion of openings in the facades of new construction or additions must be compatible with similar openings in adjacent historic buildings;

(5) Rhythm and scale. The rhythm, placement, and scale of openings, prominent vertical and horizontal members, and separation of buildings which are present in adjacent historic buildings must be incorporated into the design of new buildings or additions to existing buildings;

(6) Materials. Materials which make up new buildings or additions to existing buildings must complement materials present in nearby historic properties. New materials must be of similar color, texture, reflective qualities, and scale as historical materials present in the historic district;

(7) Color. The colors of materials, trim, ornament, and details used in new construction must be similar to those colors on existing historic buildings or must match colors used in previous historical periods for identical features within the historic district;

(8) Details and ornament. The details and ornament on new buildings or additions to existing buildings must be of contemporary design that is complementary to those features of similar physical or decorative function on adjacent historic buildings;

(9) Roof shape and skyline. The roof shape and skyline of new construction must be similar to that of existing historic buildings;

(10) Setting. The relationship of new buildings or additions to existing buildings must maintain the traditional placement of historic buildings in relation to streets, sidewalks, natural topography, and lot lines; and

(11) Landscaping and ground cover. Retaining walls, fences, plants, and other landscaping elements that are part of new construction may not introduce elements which are out of character with the setting of the historic district.

History

• Source: 16 SDR 239, effective July 9, 1990; 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-11, 1-19A-29.
• Law Implemented: SDCL 1-19A-5, 1-19A-11.1.

ARSD 24:52:07:05 Consistency with historical tradition in historic districts

The use of elements as described in § 24:52:07:04 shall be consistent with the historical development of the historic district and shall be consistent with historical interpretations of the district as defined in a locality's historic preservation plan.

History

• Source: 16 SDR 239, effective July 9, 1990; 21 SDR 50, effective September 21, 1994.
• General Authority: SDCL 1-19A-5, 1-19A-11, 1-19A-29.
• Law Implemented: SDCL 1-19A-5, 1-19A-11.1.

Chapter 24:52:08

ARSD 24:52:08:01 Archaeological permits

A permit is required for any archaeological survey or excavation conducted on any property owned by the state or its subdivisions or for the exhumation of human burials outside the control of cemetery authorities. Permits are obtained by application to the state archaeologist. Applicants must meet the following criteria:

(1) Either the principal investigator or the person in direct charge of the project, if that is a different individual, must be a fully qualified professional archaeologist; and

(2) A scope of work including schedule, research design, and proposed methodology must accompany the application. The scope of work must be approved by the state archaeologist prior to issuance of the permit.

History

• Source: 18 SDR 126, effective February 3, 1992.
• General Authority: SDCL 1-20-32, 34-27-30.
• Law Implemented: SDCL 1-20-32, 34-27-26.

ARSD 24:52:08:02 Qualified professional archaeologist

A qualified professional archaeologist acting as a principal investigator or the person in direct charge of a project must possess a postgraduate degree in archaeology, anthropology with emphasis in archaeology, or a closely related field plus at least one year of full-time professional experience.

History

• Source: 18 SDR 126, effective February 3, 1992.
• General Authority: SDCL 1-20-32, 34-27-30.
• Law Implemented: SDCL 1-20-32, 34-27-26.

Chapter 24:52:09

ARSD 24:52:09:01 Requirements for exhumation

In cases where a human burial must be exhumed, an archaeological permit must be obtained from the state archaeologist. In addition to the terms for permit issuance in § 24:52:08:01, the applicant must be able to meet the following criteria:

(1) The necessity for exhumation must be demonstrated, and an explanation of what other options have been considered must be made;

(2) A qualified skeletal analyst must be part of the staff, either in the field or in the laboratory, to assist in identification of the remains.

History

• Source: 18 SDR 126, effective February 3, 1992.
• General Authority: SDCL 1-20-32, 34-27-26.
• Law Implemented: SDCL 1-20-32, 34-27-26.

ARSD 24:52:09:02 Qualified skeletal analyst

A qualified skeletal analyst must possess a postgraduate degree in physical anthropology, anthropology with emphasis in physical anthropology, medicine, or a closely related field plus at least one year of full-time professional experience.

History

• Source: 18 SDR 126, effective February 3, 1992.
• General Authority: SDCL 1-20-32, 34-27-30.
• Law Implemented: SDCL 1-20-32, 34-27-26.

ARSD 24:52:09:03 Identification and disposition of remains

An attempt must be made to identify human remains found outside the jurisdiction of cemetery or law authorities. Repatriation to a particular tribe may not occur until the remains are identified, either archaeologically, skeletal, or both, as belonging to that tribe. The process to be followed is:

(1) Once a human skeleton has been turned over to the state archaeologist or has been exhumed under permit, it shall be examined by a qualified skeletal analyst in a timely fashion in order to determine its sex, age, and state of health and its racial, cultural, or ethnic affiliation when possible. Records of the analysis must be kept on each individual and included in the report to the state archaeologist;

(2) Once any human remains have been identified as belonging to a modern tribe as a result of the skeletal examination or the historical or archaeological evidence, the state archaeologist shall contact the director of the state Office of History and the tribal representatives designated by the state Office of Indian Affairs to discuss disposition of the remains and any associated burial goods;

(3) If the tribal representatives choose to accept the remains for tribal reinterment, the state archaeologist shall deliver the remains at a time mutually acceptable to the parties involved; and

(4) Those remains which either are not claimed by the tribal representatives or which could not be identified as to tribe shall be reinterred in a cemetery established or designated by the Office of History. Reinterment of remains under the jurisdiction of the state archaeologist shall occur within five years of exhumation except in cases, such as the discovery of mass burials or large numbers of skeletons, where the process of identification will take longer or where the remains are determined by the state archaeologist to be of exceptional scientific importance. In such cases, up to five additional years may be taken before reinterment is required.

History

• Source: 13 SDR 23, effective September 1, 1986; transferred from §§ 24:52:04:02 and 24:52:04:03, 18 SDR 126, effective February 3, 1992.
• General Authority: SDCL 1-20-32, 34-27-30.
• Law Implemented: SDCL 1-20-32, 34-27-31.

ARSD 24:52:09:04 Cost of recovery, identification, and reinterment

The state shall bear the cost of recovery, identification, and reinterment of human remains and associated grave goods exposed by natural causes or normal agricultural activities on private property or on lands owned or administered by the state or its subdivisions. In a construction project that exposes human remains, the cost of recovery, identification, and reinterment is the responsibility of the agency or individuals responsible for the project.

History

• Source: 13 SDR 23, effective September 1, 1986; transferred from § 24:52:04:02, 18 SDR 126, effective February 3, 1992.
• General Authority: SDCL 1-20-32, 34-27-30.
• Law Implemented: SDCL 1-20-24, 1-20-26, 34-27-26, 34-27-30.

Chapter 24:52:10

ARSD 24:52:10:01 Definitions

Terms defined in § 24:52:00:01 have the same meaning in this chapter. In addition, terms used in this chapter mean:

(1) "Allowable costs," preservation fund expenditures meeting the conditions of SDCL 42-7B-5 and 42-7B-46 and this chapter;

(2) "Board," the State Historical Society Board of Trustees created by SDCL 1-18-12.2;

(3) "Deadwood historic preservation plan," the document entitled "Deadwood, South Dakota: Comprehensive Historic Preservation Plan" published March 2001, and its associated document entitled "Deadwood Downtown Design Guidelines" published March 1991 by the Deadwood Historic Preservation Commission, 108 Sherman Street, Deadwood, South Dakota 57732;

(4) "Deadwood preservation commission," the historic preservation commission of the city of Deadwood created under SDCL 1-19B;

(5) "Preservation fund," the historic preservation and restoration fund established for the city of Deadwood in SDCL 42-7B-46.

History

• Source: 19 SDR 122, effective February 25, 1993; 26 SDR 168, effective June 25, 2000; 28 SDR 182, effective July 10, 2002.
• General Authority: SDCL 42-7B-4(10), 42-7B-5, 42-7B-46.
• Law Implemented: SDCL 42-7B-46.

ARSD 24:52:10:02 Purpose of fund expenditures

The Deadwood preservation fund shall be used to conduct a historic preservation and restoration program for the city of Deadwood pursuant to this chapter. The Deadwood historic preservation plan, design guidelines, Deadwood planning and zoning regulations, Deadwood city ordinances, supporting historic preservation in Deadwood shall be considered by the Deadwood preservation commission, the city commission, and the board to decide the allowability of expenditures.

History

• Source: 19 SDR 122, effective February 25, 1993; 28 SDR 182, effective July 10, 2002.
• General Authority: SDCL 42-7B-5, 42-7B-46.
• Law Implemented: SDCL 42-7B-5, 42-7B-46.

ARSD 24:52:10:03 Professional standards required

The city shall employ persons professionally qualified in the areas of history, historic preservation, archaeology, and architectural history consistent with 36 C.F.R. Part 61, Appendix A - Professional Qualifications Standards (March 9, 1999) and shall assign those persons to manage programs funded by the Deadwood preservation fund.

History

• Source: 19 SDR 122, effective February 25, 1993; 24 SDR 73, effective December 4, 1997; 36 SDR 103, effective December 8, 2009.
• General Authority: SDCL 42-7B-5, 42-7B-46.
• Law Implemented: SDCL 42-7B-5, 42-7B-46.

ARSD 24:52:10:04 National historical preservation standards required

History

• Source: 19 SDR 122, effective February 25, 1993.
• General Authority: SDCL 42-7B-5, 42-7B-46.
• Law Implemented: SDCL 42-7B-5, 42-7B-46.

ARSD 24:52:10:05 Expenditures to be consistent with SDCL 1-19B

Expenditures of Deadwood preservation funds must be consistent with the provisions of SDCL chapter 1-19B.

History

• Source: 19 SDR 122, effective February 25, 1993.
• General Authority: SDCL 42-7B-5, 42-7B-46.
• Law Implemented: SDCL 42-7B-5, 42-7B-46.

ARSD 24:52:10:06 Expenditures not to damage historic materials without justification

Expenditures from the preservation fund may not support projects which destroy, damage, remove, or alter historic structures, features, or material, including archaeological artifacts or features, associated with the history of Deadwood unless the project is:

(1) Justified under the standards recognized in this chapter;

(2) Conducted by professional historic preservation personnel; and

(3) Consistent with applicable permits, mitigation procedures, and curatorial measures required by statute and rule.

Cross-References: Archaeological permits, ch 24:52:08; Presentation of historical property -- Procedures, SDCL 1-19A-11.1.

History

• Source: 19 SDR 122, effective February 25, 1993.
• General Authority: SDCL 42-7B-5, 42-7B-46.
• Law Implemented: SDCL 42-7B-5, 42-7B-46.

ARSD 24:52:10:07 History of Deadwood to be protected and promoted

Activities assisted by the preservation fund must support, protect, and promote the history of Deadwood and its historical features and qualities and may include activities to gather, store, and disseminate information on the history of Deadwood.

History

• Source: 19 SDR 122, effective February 25, 1993.
• General Authority: SDCL 42-7B-5, 42-7B-46.
• Law Implemented: SDCL 42-7B-5, 42-7B-46.

ARSD 24:52:10:08 Allowable costs -- Nonconstruction

The following nonconstruction cost categories are allowable expenditures from the preservation fund:

(1) Administrative costs:

(a) Personnel services: Personnel salaries, benefits, and other personnel services expenditures to the extent that they protect, promote, and preserve historic resources consistent with this chapter;

(b) Contractual services: The cost of maintaining office and operational services through contract for functions carried out by preservation personnel;

(c) Travel: Transportation, lodging, per diem, and other costs associated with the travel of preservation personnel and the travel of others in support of historic preservation;

(d) Capital assets: Expenditures for equipment for operations in support of historic preservation activities. If significant periods of use of such equipment are devoted to work not directly benefiting historic preservation, the cost of purchase and operation shall be prorated between historic preservation and other funds;

(e) Supplies and materials: The costs of office supplies used to support preservation personnel;

(2) Curation of documents and artifacts: Repair, storage, and preservation of historical documents, photos, artifacts, and other materials related to the history of Deadwood and its environs;

(3) Historical interpretation: The preparation, presentation, and exhibition of historic preservation information used to educate the public on the subject of Deadwood history, preservation, and restoration;

(4) Historical and archaeological research: Costs associated with excavations, research, and other activities which locate, protect, and interpret historical and archaeological materials relating to the history of Deadwood;

(5) Legal expenses: Legal fees and associated costs that are in the direct interest of the preservation of historic property in Deadwood;

(6) Lobbying: The provision of information to legislative bodies and elected officials if the policies supported and the positions taken support the preservation of historic resources in Deadwood;

(7) Marketing: Research, data analysis, promotional materials or productions, and advertising, advertising campaigns, or costs associated with the organization, administration, or production of marketing activities if those materials and products focus on the historic character, historical development, or historic images of Deadwood;

(8) Growth management: Growth management activities, including plans for the physical development of the city and its broader environs, plans for the city's historic preservation program, and plans and specifications for facilities construction, including costs of expert technical or procedural advice, if such activities conform to historic preservation standards, policies, and plans;

(9) Preservation commission education: Support for educational information, seminars, workshops, and travel in the interest of assisting preservation commission members to study historic preservation. Each commission member shall receive training annually on historic preservation;

(10) Management of historic property: Costs of managing individual historic properties, including personal services, operating expenses, and other expenses associated with protecting or promoting historic property. Expenditures for operating property may include any activity or enterprise designed to support historic property or historic preservation in Deadwood;

(11) Real estate costs: Purchase of all or a partial interest in historic property; purchase of all or a partial interest in nonhistoric property if there is a direct and materially significant benefit to a particular historic structure or feature;

(12) Public education and public relations: Production charges, travel expenses, and other costs which directly benefit the preservation program in Deadwood by increasing the level of information generally known about historic restoration and preservation. This includes the production or providing of information on the history and preservation of Deadwood for people outside of Deadwood and providing information on historic preservation, growth management, and associated subjects;

(13) Technical support: The retention of expert or uncommon skills to support the city's historic preservation program;

(14) Visitor management: Expenditures for planning, preparation, and production of facilities and activities to accommodate visitors in Deadwood if those expenditures result in direct and material benefit to the historic qualities of the city; and

(15) Costs of city government substantively based on a formula mutually agreed upon by the city and the board related to historic preservation and allowable cost categories in this chapter.

Cross-References:

Society of American Archivists: Basic Manual Series Archives and Manuscripts Conservation , 1983.

Administration of Photographic Collections , 1984.

Maps and Architectural Drawings , 1982.

History

• Source: 19 SDR 122, effective February 25, 1993; 28 SDR 182, effective July 10, 2002.
• General Authority: SDCL 42-7B-5, 42-7B-46.
• Law Implemented: SDCL 42-7B-5, 42-7B-46.

ARSD 24:52:10:09 Allowable costs -- Construction

The following construction costs are allowable:

(1) Restoration: Expenditures for restoration, rehabilitation, preservation, reconstruction, and stabilization of historic properties, structures, and features in Deadwood if they are in conformance with the applicable standards;

(2) Public improvements: Public improvements, involving the whole of infrastructure installation, repair, and improvements; public facilities; public fixtures; and recreational installations to the extent that they support, enhance, and protect the historic buildings, sites, properties, and features of Deadwood.

Cross-Reference: National historic preservation methods required, § 24:52:07:02.

History

• Source: 19 SDR 122, effective February 25, 1993.
• General Authority: SDCL 42-7B-5, 42-7B-46.
• Law Implemented: SDCL 42-7B-5, 42-7B-46.

ARSD 24:52:10:10 Unallowable costs

The following expenditures of Deadwood preservation funds are not allowable:

(1) Activities not meeting the conditions of SDCL 1-19A-11.1 and chapter 24:52:07;

(2) Expenditures for growth management activities which do not protect historic properties;

(3) Lobbying positions which threaten or lead to the deterioration of historic properties;

(4) The support of activities carried out by institutions which threaten the retention of historic property;

(5) Costs of city government not related to allowable cost categories; and

(6) Expenditures not meeting the conditions of § 24:52:10:09.

History

• Source: 19 SDR 122, effective February 25, 1993; 28 SDR 182, effective July 10, 2002.
• General Authority: SDCL 42-7B-5, 42-7B-46.
• Law Implemented: SDCL 42-7B-5, 42-7B-46.

ARSD 24:52:10:11 Accounting procedures for Deadwood preservation fund

The city and the Deadwood preservation commission shall include procedures which identify the cost categories in §§ 24:52:10:08 and 24:52:10:09 in the city's accounting system. These cost categories shall appear on all vouchers and on other accounting and reporting documents in a manner consistent with applicable state accounting methods.

Cross-Reference: Accounting manual for political subdivisions, SDCL 4-11-6.

History

• Source: 19 SDR 122, effective February 25, 1993.
• General Authority: SDCL 42-7B-5, 42-7B-46.
• Law Implemented: SDCL 42-7B-5, 42-7B-46.

ARSD 24:52:10:12 Approval for expenditures required

The Deadwood preservation commission shall obtain approval from the board for annual and supplemental budgets containing Deadwood preservation funds. The board shall issue approval if the expenditure is allowable and consistent with SDCL 42-7B-4, 42-7B-5, 42-7B-46, and this chapter. The procedure for approval of expenditures is as follows:

(1) Requests for approval of annual budgets and supplemental budgets and for special approval in subdivision (5) of this section must be in writing and must include justification for line item expenditures including documentation of direct benefit for historic preservation in a format agreed upon by the city and the board;

(2) Except for special approvals allowed in subdivision (5) of this section, board approval of preservation fund budget expenditures must be obtained prior to the approval of the city's annual budget;

(3) The board may approve or deny line items, cost categories, activities, or projects not identified in this chapter;

(4) The board may qualify approvals and set out conditions for the funding and conduct of activities not identified in this chapter or which, in the opinion of the board, may threaten historic qualities in Deadwood;

(5) Special approvals may be given by the board for unexpected emergencies, unanticipated opportunities, or special needs or expenditures not identified in an approved budget but arising throughout the city's fiscal year if those approvals are consistent with this chapter;

(6) The city shall, within 60 days after the close of its fiscal year, submit a comprehensive report to the board on activities, projects, and expenditures made from the Deadwood preservation fund in a format agreed upon by the city and the board.

History

• Source: 19 SDR 122, effective February 25, 1993; 24 SDR 73, effective December 4, 1997; 28 SDR 182, effective July 10, 2002.
• General Authority: SDCL 42-7B-5, 42-7B-46.
• Law Implemented: SDCL 42-7B-5, 42-7B-46.

ARSD 24:52:10:13 Board may delegate approval authority

The board may delegate all or part of its approval authority under this chapter to the Office of History.

History

• Source: 19 SDR 122, effective February 25, 1993.
• General Authority: SDCL 42-7B-5, 42-7B-46.
• Law Implemented: SDCL 42-7B-5, 42-7B-46.

ARSD 24:52:10:14 Final decisions on questionable costs

The board shall make final decisions on questionable costs in consultation with the Deadwood preservation commission.

History

• Source: 19 SDR 122, effective February 25, 1993.
• General Authority: SDCL 42-7B-5, 42-7B-46.
• Law Implemented: SDCL 42-7B-5, 42-7B-46.

ARSD 24:52:10:15 Loan and grant funds

Activities and projects funded through revolving loan and grant funds shall meet the standards outlined in SDCLchapters 1-19A and 1-19B and ARSD Article 24:52.

History

• Source: 28 SDR 182, effective July 10, 2002.
• General Authority: SDCL 42-7B-5, 42-7B-46.
• Law Implemented: SDCL 42-7B-5, 42-7B-46.

Chapter 24:52:11

ARSD 24:52:11:01 Archivist must approve destruction of state records

Any state government agency planning to destroy agency records, as defined in subdivision (2) of SDCL 1-18C-1, shall submit a destruction authorization request to the state archivist 30 days before the date of the proposed destruction. The request shall provide the archivist with the following information: name or title of the records, inclusive dates, information content of the records, and quantity. After receiving and considering the authorization request, the archivist shall certify in writing that the records have no permanent value before the agency may destroy the records. If the archivist believes the records have permanent value, they shall be transferred to the archives resource center.

History

• Source: 3 SDR 15, effective September 6, 1976; 11 SDR 96, 11 SDR 112, effective July 1, 1985; transferred from § 24:51:01:01, January 23, 1994; 26 SDR 168, effective June 25, 2000; 44 SDR 43, effective September 12, 2017.
• General Authority: SDCL 1-18C-12.
• Law Implemented: SDCL 1-18C-5, 1-18C-7.

ARSD 24:52:11:02 Destruction authorized if archivist fails to act

The agency may destroy the records in question if the archivist fails to act on the request within the allotted 30-day period, provided that the archivist is notified according to § 24:52:11:01 and that the agency has received a destruction authorization from the Records Destruction Board as required in SDCL 1-27-11.

Attorney General's Opinion: Authority of state records destruction board, AGR 69-45.

History

• Source: 3 SDR 15, effective September 6, 1976; 11 SDR 96, 11 SDR 112, effective July 1, 1985; transferred from § 24:51:01:02, January 23, 1994; 26 SDR 168, effective June 25, 2000.
• General Authority: SDCL 1-18C-12.
• Law Implemented: SDCL 1-18C-5.

ARSD 24:52:11:03 General applicability of rules -- Exceptions

This chapter applies to all state government records, including all records granted exclusive or continuous disposal authorization by the Records Destruction Board prior to adoption of this chapter, but with the specific exception of those records listed in this section. If the agency has received disposal authorization from the Records Destruction Board in compliance with the requirements of SDCL 1-27-11, the agency may destroy the following specific types of records without consulting the archivist: vouchers and supporting documents; warrants; personnel and payroll records; client/case files; capital asset inventories; cash receipts; duplicate copies of state publications; and original copies of records that have been legally reproduced under the provisions of SDCL 1-27-4.

Cross-References: Public records and files, SDCL 1-27-6 to 1-27-8, inclusive.

History

• Source: 3 SDR 15, effective September 6, 1976; 11 SDR 96, 11 SDR 112, effective July 1, 1985; transferred from § 24:51:01:03, January 23, 1994; 26 SDR 168, effective June 25, 2000.
• General Authority: SDCL 1-18C-12.
• Law Implemented: SDCL 1-18C-9.

ARSD 24:52:11:04 Destruction of local government records -- Archivist must be notified

Governing bodies or agencies of any county, city, town, township, district, authority, public corporation, or political subdivision planning to destroy local records, as defined in subdivision (1) of SDCL 1-27-9, shall notify the archivist 30 days before the date of the proposed destruction. Notification shall include the name or title of the records, inclusive dates, information content of the records, and quantity. If the archivist believes the records should be preserved, the archivist shall arrange for transfer of the records to the archives or to a suitable public records storage facility. Transfer of the records may be made at the expense of the state archivist. This section applies only to the following types of records: records more than 50 years old; records required by the Records Destruction Board to be kept 50 years or longer; annual reports; maps; minutes; and photographs.

Cross-References: Public records and files, SDCL 1-18C-1(2), 1-27-18, 7-26-3.

History

• Source: 3 SDR 15, effective September 6, 1976; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 18 SDR 126, effective February 3, 1992; transferred from § 24:51:01:04, effective January 23, 1994; 26 SDR 168, effective June 25, 2000.
• General Authority: SDCL 1-18C-12.
• Law Implemented: SDCL 1-18C-5, 1-18C-7.

ARSD 24:52:11:05 Destruction authorized if archivist fails to make recommendation

Local government agencies may destroy the records for which petition to destroy has been made if the archivist does not recommend preserving the records within the allotted 30-day period, the archivist is notified according to § 24:52:11:04, and the Records Destruction Board has granted exclusive or continuous authorization as required in SDCL 1-27-19.

Cross-References:

Destruction or impairment of public record, SDCL 22-11-24.

Disposal of records permitted only as authorized by state law, SDCL 1-27-10.

Records Destruction Board to supervise destruction of records, SDCL 1-27-11.

Records management programs of local governments, SDCL 1-27-18.

Destruction of ballots and pollbooks, SDCL 12-20-31.

Attorney General's Opinions: County records may only be destroyed in accordance with state law, 1959-60 AGR 319; Authority of state Records Destruction Board, AGR 69-45; Destruction of obsolete municipal bonding records, AGR 72-53; Clerk of courts may destroy original copies of microfilmed records with permission of Records Destruction Board, AGR 74-2; Procedure for destruction of microfilmed records, AGR 76-42.

History

• Source: 3 SDR 15, effective September 6, 1976; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 18 SDR 126, effective February 3, 1992; transferred from § 24:51:01:05, January 23, 1994.
• General Authority: SDCL 1-18C-12.
• Law Implemented: SDCL 1-18C-5, 1-18C-7.

Chapter 24:52:12

ARSD 24:52:12:01 Types of publications requiring production on permanent paper

(1) Legal materials, compilations of judicial decisions, public laws, administrative rules, executive orders, opinions of the attorney general, legislative journals, and published minutes of legislative committees;

(2) Monographs and all publications which report the results of scientific, scholarly, or statistical research;

(3) Proceedings of boards, commissions, and conferences;

(4) Annual or biennial and other substantive reports;

(5) Compilations of statistics;

(6) Journals, periodicals, and newsletters;

(7) Directories;

(8) Handbooks and manuals;

(9) Bibliographies;

(10) Catalogs, including the catalogs of the state universities;

(11) Maps;

(12) Environmental impact statements; and

(13) Other compilations of factual data or reports of research determined by the state archivist to contain information of enduring value.

Cross-Reference: Substitution of microform edition, § 24:52:12:03.

History

• Source: 20 SDR 114, effective January 23, 1994.
• General Authority: SDCL 1-18C-5.1.
• Law Implemented: SDCL 1-18C-5.1, 5-23-22.2.

ARSD 24:52:12:02 Form and placement of required notice of use of permanent paper

Publications produced on permanent paper in compliance with the provisions of this chapter must display the following notice: "This publication was produced on acid-neutral or alkaline-based paper which meets or exceeds ANSI standard Z39.48." The notice must appear either in the publications credits section of the publication or in proximity to statements of responsibility for the publication's contents.

References: American National Standard for Information Sciences - Permanence of Paper for Printed Library Materials ANSI Z39.48, 1984 edition, American National Standards Institute. Copies may be obtained from the American National Standards Institute, 11 West 42nd Street, New York, New York 10036. Cost $22.

History

• Source: 20 SDR 114, effective January 23, 1994.
• General Authority: SDCL 1-18C-5.1.
• Law Implemented: SDCL 1-18C-5.1, 5-23-22.2.

ARSD 24:52:12:03 Substitution of microfilm edition

Cross-Reference: Additional micrographic requirements for long-term records, § 10:04:02:02.

History

• Source: 20 SDR 114, effective January 23, 1994.
• General Authority: SDCL 1-18C-5.1.
• Law Implemented: SDCL 1-18C-5.1, 5-23-22.2.

Chapter 24:52:13

ARSD 24:52:13:01 Applications for project review -- Requirements

Applicants seeking project review shall, at a minimum, provide the following information:

(1) The name of the applicant;

(2) The name and location of the historic property subject to review;

(3) The statute under which review is requested; and

(4) Any other information requested in writing by the board or office.

History

• Source: 21 SDR 50, effective September 21, 1994.
• General Authority: SDCL 1-19A-5, 1-19A-11, 1-19A-13.5, 1-19A-27, 1-19A-29.
• Law Implemented: SDCL 1-19A-5, 1-19A-11.1, 1-19A-13.1, 1-19A-20 to 1-19A-23, 1-19A-25 to 1-19A-26.

ARSD 24:52:13:02 Requests for information

At any time in the course of a project review the board or the office may request information from an applicant necessary for review of the project.

History

• Source: 21 SDR 50, effective September 21, 1994.
• General Authority: SDCL 1-19A-5, 1-19A-11, 1-19A-13.5, 1-19A-29.
• Law Implemented: SDCL 1-19A-5, 1-19A-29.

ARSD 24:52:13:03 Project review -- Grounds for denial of application

The board and the office shall consider information provided in applications and other information against standards and requirements specified in SDCL chapter 1-19A and in chapters 24:52:00, 24:52:06, and 24:52:07. The board or the office may deny applications or requests based on the following:

(1) Failure to meet the standards, or rules, or requirements of the board or office in this article or the rules in this chapter;

(2) Failure to provide information requested by the board or the office;

(3) Failure to demonstrate good faith effort to comply with statute or rule.

History

• Source: 21 SDR 50, effective September 21, 1994.
• General Authority: SDCL 1-19A-5, 1-19A-11, 1-19A-13.5, 1-19A-29.
• Law Implemented: SDCL 1-19A-5, 1-19A-29.

Chapter 24:52:14

ARSD 24:52:14:01 Receipt of tax certification applications -- Project reviews

Upon receipt of an application for tax certification, the office shall conduct a project review pursuant to chapter 24:52:13 and shall do the following:

(1) Determine whether the proposed tax-certified property is listed on the state register or the national register;

(2) Determine whether the rehabilitation work outlined in the application was undertaken during the calendar year in which the application was submitted;

(3) Determine whether the project meets the standards for rehabilitation codified in 36 C.F.R. 67 as of January 1, 1994; and

(4) Notify the applicant of the date, time, and location of the meeting in which the board will consider the application for tax certification at least fourteen days and no more than sixty days before the meeting.

History

• Source: 21 SDR 50, effective September 21, 1994; 24 SDR 73, effective December 4, 1997; 35 SDR 82, effective October 22, 2008; 39 SDR 100, effective December 3, 2012.
• General Authority: SDCL 1-19A-5, 1-19A-29.
• Law Implemented: SDCL 1-19A-20 to 1-19A-24.

ARSD 24:52:14:02 Approval or denial of tax certifications -- Deadline

The board shall approve or deny applications for tax certifications no later than the end of the calendar year in which the application is submitted.

History

• Source: 21 SDR 50, effective September 21, 1994.
• General Authority: SDCL 1-19A-5, 1-19A-29.
• Law Implemented: SDCL 1-19A-20 to 1-19A-24.

ARSD 24:52:14:03 Procedures for issuing tax certifications

The board shall certify in writing that a property meets the requirements for historic preservation in this article for the purpose of the tax moratorium in SDCL 1-19A-20. The office shall send the certificate to the county assessor within 60 days after receipt. A tax certification takes effect on January 1 of the year in which the application is approved.

History

• Source: 21 SDR 50, effective September 21, 1994; 24 SDR 73, effective December 4, 1997; 36 SDR 103, effective December 8, 2009.
• General Authority: SDCL 1-19A-5, 1-19A-29.
• Law Implemented: SDCL 1-19A-20 to 1-19A-24.

ARSD 24:52:14:04 Contents of tax certificate

A tax certificate shall contain, at a minimum, the following information:

(1) The name of the tax-certified property;

(2) The location of the tax-certified property;

(3) The date of tax certification by the board;

(4) The effective dates of the tax moratorium on the tax-certified property;

(5) A list of work items which are subject to the moratorium; and

(6) The signature of the president of the board or the president's designee.

History

• Source: 21 SDR 50, effective September 21, 1994; 24 SDR 73, effective December 4, 1997.
• General Authority: SDCL 1-19A-5, 1-19A-29.
• Law Implemented: SDCL 1-19A-20 to 1-19A-24.

ARSD 24:52:14:05 Filing of tax certificate by county assessor -- Assessment of tax-certified property

The office shall file the tax certificate with the county assessor within sixty days after board approval. A tax certificate is proof of completed restoration or rehabilitation work, and the county may not consider the increase in value of certified property resulting from that work in assessing the value of the property for the purposes of taxation.

History

• Source: 21 SDR 50, effective September 21, 1994; 36 SDR 103, effective December 8, 2009.
• General Authority: SDCL 1-19A-5, 1-19A-29.
• Law Implemented: SDCL 1-19A-20 to 1-19A-24.

ARSD 24:52:14:06 Filing of restrictive covenants

Within 30 days after receipt of the tax certification, the owner shall file a restrictive covenant with the register of deeds in the county in which the certified property is located and provide proof of filing to the office. The covenant runs with the land, is effective on the date filed, and remains in effect until the expiration of the moratorium.

History

• Source: 21 SDR 50, effective September 21, 1994; 24 SDR 73, effective December 4, 1997.
• General Authority: SDCL 1-19A-5, 1-19A-29.
• Law Implemented: SDCL 1-19A-20 to 1-19A-24.

ARSD 24:52:14:07 Violation of covenants -- Board notification

Within 60 days after being notified in writing that a covenant has been violated, the office or board shall initiate a project review. The board shall issue a determination within 180 days as to whether there has been an adverse effect on the tax-certified property. The board shall notify the owner of record of the tax-certified property of its determination within 30 days after issuance. The owner must provide any information and document requested in writing by the office or board that is relevant to the investigation.

History

• Source: 21 SDR 50, effective September 21, 1994; 24 SDR 73, effective December 4, 1997.
• General Authority: SDCL 1-19A-5, 1-19A-29.
• Law Implemented: SDCL 1-19A-20 to 1-19A-24.

ARSD 24:52:14:08 Cancellation of tax certificate

Within 90 days after notifying the owner of record of a tax-certified property that the board has determined there has been an adverse effect on the property, the board shall act to cancel the tax certificate in accordance with SDCL 1-19A-22.

History

• Source: 21 SDR 50, effective September 21, 1994.
• General Authority: SDCL 1-19A-5, 1-19A-29.
• Law Implemented: SDCL 1-19A-20 to 1-19A-24.

ARSD 24:52:14:09 Notice to county assessor

At the time the certificate is sent to the owner, the office shall send a letter to the county assessor which describes the provisions of §§ 24:52:14:05, 24:52:14:07, and 24:52:14:08.

History

• Source: 24 SDR 73, effective December 4, 1997.
• General Authority: SDCL 1-19A-5, 1-19A-29.
• Law Implemented: SDCL 1-19A-20 to 1-19A-24.

Chapter 24:52:15

ARSD 24:52:15:01 Definitions

Terms used in this chapter mean:

(1) "The fund," the historical preservation loan and grant fund created by SDCL 1-19A-13.1;

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

History

• 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.

ARSD 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."

History

• 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.

ARSD 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.

History

• 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.

ARSD 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.

History

• 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.

ARSD 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.

History

• 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.

ARSD 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.

History

• 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.

ARSD 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.

History

• 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.

ARSD 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.

History

• 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.

Chapter 24:52:16

ARSD 24:52:16:01 Application procedures for heritage areas

The board shall review applications for heritage area designations as they are submitted to the board. Applications must address the items identified in SDCL 1-19A-26 and must be submitted by a local governing body or an organization sponsored by local governing bodies.

History

• Source: 21 SDR 50, effective September 21, 1994.
• General Authority: SDCL 1-19A-27.
• Law Implemented: SDCL 1-19A-25 to 1-19A-28.

ARSD 24:52:16:02 Natural and scenic criteria

Land areas recognized by state or national conservation organizations as having outstanding or exceptional natural or scenic qualities qualify for inclusion in heritage areas.

History

• Source: 21 SDR 50, effective September 21, 1994.
• General Authority: SDCL 1-19A-27.
• Law Implemented: SDCL 1-19A-25 to 1-19A-28.

ARSD 24:52:16:03 Management of heritage areas

The following must be involved in the management of a heritage area and contribute to its continuance:

(1) Local governments;

(2) Local commercial organizations;

(3) Nonprofit and civic organizations; and

(4) Business and individuals.

History

• Source: 21 SDR 50, effective September 21, 1994.
• General Authority: SDCL 1-19A-27.
• Law Implemented: SDCL 1-19A-25 to 1-19A-28.

ARSD 24:52:16:04 Goals for heritage areas

Managers of heritage areas must set goals clearly stated and actively pursued, must be focused on the promotion of historic and natural resources, and must involve planning and regulatory measures to protect and preserve those resources.

History

• Source: 21 SDR 50, effective September 21, 1994.
• General Authority: SDCL 1-19A-27.
• Law Implemented: SDCL 1-19A-25 to 1-19A-28.

ARSD 24:52:16:05 Preservation standards for heritage areas

The board shall use the preservation standards in chapter 24:52:07 in assessing heritage area management and in designating heritage areas.

History

• Source: 21 SDR 50, effective September 21, 1994.
• General Authority: SDCL 1-19A-27.
• Law Implemented: SDCL 1-19A-25 to 1-19A-28.

ARSD 24:52:16:06 Standards for interpretation in heritage areas

Interpretative material for a heritage area must meet the following standards:

(1) Information must be generally and professionally accepted as being historically accurate;

(2) Information must be clearly stated and easy for a general audience to understand;

(3) The interpretative material must be presented in a durable format;

(4) The interpretative material must be neat in appearance;

(5) The interpretative material must be based on the applicants master interpretative plan which places local history and natural areas of the heritage area in the context of the historical and natural themes of the great plains; and

(6) The interpretative material must be developed with the participation of local school districts and professional museum personnel.

History

• Source: 21 SDR 50, effective September 21, 1994.
• General Authority: SDCL 1-19A-27.
• Law Implemented: SDCL 1-19A-25 to 1-19A-28.

ARSD 24:52:16:07 Involvement of other agencies in heritage area assessment

The board may call upon the assistance of other state agencies to select heritage areas and assess the management of heritage areas.

History

• Source: 21 SDR 50, effective September 21, 1994.
• General Authority: SDCL 1-19A-27.
• Law Implemented: SDCL 1-19A-25 to 1-19A-28.

ARSD 24:52:16:08 Time limit for approving or denying heritage area designation

The board shall make a decision to approve, or deny an application for heritage area designation within 90 days after receipt of a completed application.

History

• Source: 21 SDR 50, effective September 21, 1994.
• General Authority: SDCL 1-19A-27.
• Law Implemented: SDCL 1-19A-25 to 1-19A-28.