Wis. Admin. Code HS — Historical Society

Chapter HS 1 BURIAL SITES PRESERVATION BOARD

Wis. Admin. Code § HS 1.01 Authority and purpose {#sec-hs-1.01 omnilex-key=us-wi-regs-official--agency-hs--HS 1.01}

This chapter is promulgated under the authority of ss. 157.70 and 227.11 (2) (a), Stats., and provides a process to implement s. 157.70, Stats. This chapter establishes procedures that the burial sites preservation board will use to determine which Indian tribes and other applicants to the registry have an interest in a cataloged burial site or class of cataloged burial sites and establishes the procedure through which persons may appeal decisions on disturbing cataloged burial sites under s. 157.70 (5), Stats.

History

• Cr. Register, September, 1993, No. 453, eff. 10-1-93.

Wis. Admin. Code § HS 1.02 Definitions {#sec-hs-1.02 omnilex-key=us-wi-regs-official--agency-hs--HS 1.02}

In this chapter:

(1) “Board” means the burial sites preservation board.

(2) “Burial site” means any place where human remains are buried.

(3) “Cataloged” means recorded under s. 157.70 (2) (a), (4) (e), or (6) (c), Stats.

(4) “Director” means the director of the state historical society of Wisconsin.

(5) “Respondent” means the person named as a party in any appeal and against whom a board decision may be issued in that proceeding.

History

• Cr. Register, September, 1993, No. 453, eff. 10-1-93.

Wis. Admin. Code § HS 1.03 Registry of interested persons {#sec-hs-1.03 omnilex-key=us-wi-regs-official--agency-hs--HS 1.03}

(1) Purpose. The registry of interested persons establishes those persons who have an interest, as defined by s. 157.70 (1) (g), Stats., in any particular cataloged burial site or class of cataloged burial sites.

(2) Application for entry in the registry. An applicant shall complete the appropriate form provided by the board. This form shall include all of the following:

(a) The applicant’s name and address.

(b) The name and exact location of the pertinent burial site, or description of the class of burial sites in which the applicant has an interest.

(c) The documentation of the applicant’s interest under at least one of the following categories as established in s. 157.70 (1) (g), Stats.:

1. To demonstrate direct kinship, an applicant shall submit at least 2 documents in one or more of the following categories:

a. Legal documents, including birth and death records, wills, or marriage certificates.

b. Affidavits.

c. Other historical documents, including genealogies, letters, and family histories.

2. To demonstrate an interest under the other categories, cultural, tribal or religious affiliation; a scientific, environmental, or educational purpose; land use; a commercial purpose not related to land use; or an interest which the board considers to be in the public interest, the applicant shall provide a written statement explaining the type of interest the applicant has as well as information about why the applicant claims that interest.

Note: The application form for entry in the registry can be obtained at no charge by writing to the burial sites preservation program, The State Historical Society of Wisconsin, 816 State Street, Madison, Wisconsin 53706.

(3) Incomplete applications. An application for entry in the registry shall be sent to the board. If the application is incomplete, the request shall be returned to the applicant within 30 days with an explanation of the deficiencies.

(4) Board review.

(a) The board shall review a completed application at its next quarterly meeting, provided that the application is received by the board at least 30 days prior to that meeting.

(b) The board shall notify the applicant of the time and place of the meeting at which the application to the registry will be considered.

(c) Based on the documentation presented, the board, by majority vote, shall determine if the applicant has an interest as defined by s. 157.70 (1) (g), Stats., in the particular cataloged burial site or class of cataloged burial sites.

(5) Removal from the registry.

(a) If compelling evidence is ever presented to the board to indicate that a person on the registry does not have an interest as defined by s. 157.70 (1) (g), Stats., the board shall notify this person and give this person an opportunity to respond to the board at its next meeting.

(b) If the board decides, by a majority vote, that there is sufficient evidence to indicate that a person on the registry does not have an interest in a cataloged burial site or class of cataloged burial sites, the board shall remove the person’s name from the registry.

(c) A person may request his or her own removal from the registry by notifying the board in writing.

(d) If notices are mailed to an individual on the registry and referred without a forwarding address, the board may, by a majority vote, remove this person from the registry after 6 months from the date of the returned notice.

History

• Cr. Register, September, 1993, No. 453, eff. 10-1-93.

Wis. Admin. Code § HS 1.04 Appeals {#sec-hs-1.04 omnilex-key=us-wi-regs-official--agency-hs--HS 1.04}

(1) Time for filing. Any party in a hearing under s. 157.70 (5), Stats., may appeal the determination of the director or the division of hearings and appeals on whether to allow the disturbance of a cataloged burial site to the board within 15 business days of when the notice of the determination was mailed.

(2) Form for appeal. A petition for appeal shall be in writing to the Burial Sites Preservation Board, State Historical Society of Wisconsin, 816 State Street, Madison, WI 53706-1488 and shall contain:

(a) Full name and address of the person making the appeal.

(b) A clear and concise statement of the petitioner’s objections and reasons for reconsideration of the decision made by the director or division of hearings and appeals.

(3) Number of copies. The petitioner shall submit an original and one copy of the petition for appeal and accompanying documentation to the board. The petitioner shall also notify, by telephone, the burial sites preservation office, at 1 (800) 342-7834, that the appeal was sent by certified mail, return receipt requested.

(4) Notice of appeal. After receiving a petition for appeal, the board shall send one copy of the proceedings to all other parties and respondents by certified mail, return receipt requested, within 10 business days of receiving the petition for appeal.

(5) Answers. A respondent shall file a written response by certified mail, return receipt requested, with an original and one copy, to the board within 10 business days of receipt of a copy of the petition for appeal and shall state the respondent’s position regarding the points made in the appeal. The respondent shall also notify, by telephone, the burial sites preservation office, at 1 (800) 342-7834, that the response was sent by certified mail, return receipt requested. If the respondent fails to file a timely response, the allegations of the petition for appeal may be taken as true and the board may rule on the petition for appeal without further notice or hearing.

(6) Hearings.

(a) The hearing shall be placed on the calendar for the board’s next scheduled meeting if the petition for appeal is received at least 30 business days prior to the meeting. If received within 30 business days the board has the option to place the hearing on the agenda for its next meeting if the time requirements in subs. (4) and (5) have been met.

(b) The chairperson of the board shall preside at the hearing unless the chairperson is the director and it is the director’s decision being appealed. In such cases, the vice chair shall preside.

(c) The board shall review the existing record and shall not accept evidence that was not introduced at a previous hearing.

(d) The board may accept written or oral arguments.

(7) Transcripts. The board shall make an electronic record of the proceedings. Copies of tapes shall be provided at cost upon request.

History

• Cr. Register, September, 1993, No. 453 eff. 10-1-93.

Chapter HS 2 BURIAL SITES PRESERVATION PROGRAM

Wis. Admin. Code § HS 2.01 Authority {#sec-hs-2.01 omnilex-key=us-wi-regs-official--agency-hs--HS 2.01}

This chapter is promulgated under the authority of ss. 157.70 and 227.11 (2) (a), Stats., and provides a process to implement s. 157.70, Stats. This chapter establishes procedures that the state historical society will use to identify, catalog, preserve, excavate, analyze, and decide disposition of human burials in this state.

History

• Cr. Register, September, 1990, No. 417, eff. 10-1-90.

Wis. Admin. Code § HS 2.02 Definitions {#sec-hs-2.02 omnilex-key=us-wi-regs-official--agency-hs--HS 2.02}

In this chapter:

(1) “Adequate historical documentation” means information verifiable through at least 2 of the following types of independent sources: church records, deeds, maps, and other written and oral sources.

(2) “Board” means the burial sites preservation board.

(3) “Cataloged burial site” means a piece of land that has a record of having buried human remains and is recorded with the county register of deeds. This shall be the case even if the recorded burial site is untended, abandoned, and has no surface indications of burials.

Note: The Wisconsin Historical Society recognizes that the definition of “Catalogued burial site” in s. HS 2.02 (3) conflicts with the definition of “Catalogued” burial site at s. 157.70 (1) (c), Stats. Therefore, to carry out its duties under. s. 157.70, Stats. and ch. HS 2, the definition of “Catalogued burial site” at s. HS 2.02 (3) shall be disregarded, and all instances of “Catalogued” in ch. HS 2 shall have the meaning given in s. 157.70 (1) (c), Stats. This interpretation shall not affect the Catalog of Wisconsin Burial Sites as it exists prior to May 1, 2005.

(4) “Class of burial sites” means burial sites of a particular age, culture, or geographic region.

(5) “Cultural affiliation” means an association with an historic immigrant nationality or ethnic group.

(6) “Direct kinship” means lineal or legal descent, or a spouse.

(7) “Director” means the director of the state historical society of Wisconsin or a formally appointed designee.

(8) “Grave marker” means any surface indication of a burial including stone monuments, spirit houses, wooden crosses, and prehistoric Indian mounds.

(9) “Human remains” means any part of the body of a deceased person in any stage of decomposition in a context indicating substantial evidence for burial.

(10) “Objects related to the burial” means items that were intentionally placed and directly associated with the burial.

(11) “Religious affiliation” means a membership in an organized religion recognized by federal internal revenue service tax exemption or a membership in a traditional Indian religion in Wisconsin, pursuant to federal regulations established under the American Indian Religious Freedom Act, 42 USC, Sec. 1996.

(12) “Skeletal analyst” means an individual who has a graduate degree in archeology, anthropology, or a closely related field and at least one year of full-time professional experience or equivalent specialized training in human osteological research, at least 4 months of supervised analytic experience in the identification, analysis, and interpretation of human osteological remains, and a demonstrated ability to carry research to completion.

(13) “Sufficient contiguous land” means the land within at least 5 feet from any part of the burial site including beds of lakes, streams, and rivers surrounding the burial site necessary to ensure its protection.

(14) “Tribal affiliation” means an association with federally recognized Indian tribes or bands.

(15) “Uncataloged burial site” means any burial site that has not been cataloged according to s. HS 2.03 and is not recorded with the register of deeds.

History

• Cr. Register, September, 1990, No. 417, eff. 10-1-90.

Wis. Admin. Code § HS 2.03 Cataloging burial sites {#sec-hs-2.03 omnilex-key=us-wi-regs-official--agency-hs--HS 2.03}

(1) Initiation of a catalog request. For a person other than the director, to initiate a request to include a burial site in the catalog of burial sites an applicant shall supply the following information to the director:

(a) The applicant’s name and address and telephone number.

(b) The burial site owner’s name and address and telephone number.

(c) Documentation of the burial site.

(d) A photographic print of the burial site and the accompanying negative to document the condition of the site at the time of the application.

(e) A town, range, and section, description of the site’s location.

(f) A sketch showing the known area of the site in relation to named roads, lakes, or rivers.

(g) A copy of the pertinent United States geological survey topographic quadrangle map or a plat noting the location of the burial site. Persons may call the director at 1-800-342-7834 to obtain a copy of the appropriate topographic quadrangle map or plat.

(2) Documentation of a burial site. Documentation of a burial site under sub. (1) (c) may include, but is not limited to, the following:

(a) Physical evidence, as demonstrated by archeological or written historical reports showing the presence of human bone or grave markers;

(b) Adequate historical documentation;

(c) Oral depositions, affidavits, or oral histories;

(d) Any additional information requested by the director.

(3) Review of application by the director.

(a) If prepared by a person other than the director, the director shall review the application. If the application is inaccurate, incomplete, or inadequate the request for cataloging shall be returned to the applicant within 30 days of receipt of the application with an explanation of the deficiencies.

(b) If the application is complete and accurate to the best of the director’s knowledge, the director shall enter the site into the state catalog of burial sites.

(4) Tax exemption.

(a) For a burial site to be given tax exempt status, the director or other person interested in cataloging the burial site shall document and catalog the site as in subs. (1) to (3) and shall determine the specific boundaries of the burial site.

(b) The director or other person interested in cataloging the burial site shall prepare a plan map of the site’s boundaries. This map shall be tied to a legal point of reference such as an existing property corner marker or an existing geodetic survey marker, or other such marker that can be relocated through reference to records of public land title and the official points of reference in the field.

(c) If prepared by a person other than the director the specific legal description of the site’s boundaries shall be submitted to the director for review. If the legal description is inaccurate, incomplete, or inadequate, the legal description shall be returned to the applicant within 30 days of receipt of the description with an explanation of the deficiencies.

(d) If the legal description is complete and accurate to the best of the director’s knowledge, the director shall record the burial site with the register of deeds in the county in which the site is located.

(5) Notification. The director shall notify the applicant, owner, all persons on the registry for that burial site or class of burial sites, the local unit of government, and the county historical society or local historical societies within the county when a particular burial site has been cataloged and recorded with the county register of deeds.

(6) Removal from the catalog.

(a) If evidence is ever presented to the director to indicate that a cataloged burial site does not contain human remains or all human remains are removed in accordance with s. HS 2.04, the director shall notify by certified letter, the owner, the applicant who initiated the catalog request, all persons on the registry for that burial site or class of burial sites, county or local historical societies, and the local unit of government having jurisdiction over the burial site and give these persons 60 days within receipt of notification to respond to the director on this new evidence.

(b) After 60 days, if the director decides that there is sufficient evidence to indicate that a cataloged site does not contain any burials, the director shall do all of the following:

1. Remove the site from the catalog.

2. Submit a request to the register of deeds to delete or cancel the documentation for a burial site on this land.

3. Notify the owner, applicant who initiated the catalog request, all persons on the registry for that burial site or class of burial sites, county or local historical societies, and the local unit of government of the decision to remove the burial site from the catalog.

(c) A person shall have 30 days from the date of the director’s decision to appeal the director’s decision to the board. During the appeals process, the director’s decision to remove a burial site from the catalog shall be suspended.

History

• Cr. Register, September, 1990, No. 417, eff. 10-1-90.

Wis. Admin. Code § HS 2.04 Disturbing burial sites {#sec-hs-2.04 omnilex-key=us-wi-regs-official--agency-hs--HS 2.04}

(1) Exceptions. Permission from the director to disturb burial sites is not required in cases where disinterment:

(a) Has been authorized under s. 69.18 (4), Stats.

(b) Is undertaken by a coroner or medical examiner in conjunction with a criminal investigation.

(c) Has been authorized by any court order or judgment rendered under s. 69.18 (4), Stats.

(2) Testing. If there is reason to believe that a burial site may be present, the director may authorize, orally or in writing, limited appropriate subsurface exploration to determine whether a property contains a burial site.

(3) Director’s interest. As head of the agency representing the state’s interest in preservation of the state’s cultural heritage, the director shall claim an interest in all burial sites under s. 157.70 (1) (g) 6., Stats.

(4) Uncataloged burial sites.

(a) If a reported activity disturbs or threatens to disturb an uncataloged burial site, the director shall notify the owner of the burial site by phone if possible and by certified letter, return receipt requested, of the disturbance of this burial site and the procedures, liabilities and penalties for enforcing violation of s. 157.70, Stats. The director may notify the board, persons on the registry, and any other person who may have an interest in the burial site. The director may request a meeting of the board.

(b) If the human remains and objects related to the burial are left undisturbed, the director shall record the burial site’s location and shall enter it into the catalog of burial sites as per s. HS 2.03.

(c) If the owner or owner’s agent wishes to remove the human remains and objects related to the burial, the owner shall arrange a schedule of excavation with the director. If the excavation work can not be done in a reasonable time by the director, the director shall send a standard contract to the owner for the owner to use in hiring a qualified archeologist approved by the director under s. 157.70 (4) (c) 3. a., Stats.

(d) The owner shall send a copy of the signed contract between the owner and a qualified archeologist to the director. Upon receipt of this contract, the director shall give both oral authorization and written permission to the owner allowing the disturbance of the burial site. Once this excavation is finished to the director’s satisfaction, the director shall notify the owner that the owner may proceed with the proposed activity.

(e) The archeologist hired under par. (b) shall submit at least 2 copies of a report to the director on the excavation and analysis of the human remains and associated objects. This report shall be reviewed and approved by the director.

(5) Cataloged burial sites.

(a) Any person who wishes to disturb a cataloged burial site shall apply to the director.

(b) If the applicant wishes to disturb the area within the specific legal boundaries or known area of a cataloged burial site, the director shall send the applicant the names of all persons on the registry for that site or class of sites and the forms to notify these persons of the applicant’s request. This form shall state the purpose of the disturbance, information on the right of interested persons to request a hearing by the division of hearing and appeals, the purpose of such a hearing, and the consequences if no hearing is requested.

(c) The applicant shall send the forms of notification, using the forms specified in this subsection to persons on the registry by certified mail, return receipt requested. Persons on the registry shall be given 30 days from date of receipt by which to comment on the proposal. If the certified letter is undeliverable, the director shall attempt to contact that person by telephone. If the addressee refuses to sign the return receipt, or fails to contact the director by mail or telephone within 30 days of returned certified letter, that person forfeits the opportunity to comment on the proposed disturbance.

(d) The application to disturb a cataloged burial site shall include all of the following:

1. The applicant’s name and address.

2. The nature and purpose of the disturbance.

3. The names of the persons on the registry who have been notified and proof of this notification in the form of the receipt from the certified letter or in the form of other documentation accepted by the director.

(e) If there is no request for a hearing, within 30 days from the most recent date of receipt of the certified letters sent, the director shall decide whether to grant a permit to disturb within 30 days of that most recent dated receipt of the certified letters. The decision will be based on weighing the benefits to the applicant wishing to disturb the burial site and the benefits to persons with an interest in having the site remain undisturbed as well as the interests of the public as a whole.

(f) If requested within 30 days of the receipt of the notification form by the applicant, or other persons on the registry for that site under s. 157.70 (1) (g), Stats., or, if deemed necessary by the director, the director shall request that the division of hearings and appeals conduct a hearing to decide if a cataloged burial site may be disturbed.

(g) This request for the division of hearings and appeals to conduct a hearing shall be made through the director who shall send copies of all documentation concerning the burial site in question to the division of hearings and appeals. The hearings held under this section shall be class 1 proceedings as defined by s. 227.01 (3) (a), Stats., and review thereof shall be provided ch. 227, Stats.

(h) If the director requests a hearing, the division of hearings and appeals shall schedule a hearing within 45 days of the director’s request.

(i) If a hearing is held, the division shall make a decision within 30 days from the close of the hearing and submission of all documents and briefs.

(j) If either the division of hearings and appeals or the director grants permission to disturb the burial site, the director shall send a standard contract to be used as a basis of agreement between the owner and a qualified archeologist.

(k) Any party may request that decisions rendered in any hearing under this section be appealed to the board.

(L) In emergency situations, when burials on a cataloged site are being disturbed by natural forces or accidental causes, the director may waive the procedure specified in s. HS 2.04 (5) and invoke the uncataloged procedure.

(6) Qualifications for archeologists and skeletal analysts.

(a) Only qualified archeologists, defined in s. 157.70 (1) (i), Stats., approved by the director shall be permitted to oversee the excavation of burials. Qualified archeologists shall demonstrate experience in the excavation of burials by submitting all of the following to the director for approval:

1. Vita.

2. Two letters of reference.

(b) If any human remains are removed from a burial site they shall be analyzed by a skeletal analyst approved by the director. To be approved by the director, the skeletal analyst shall demonstrate knowledge and experience in human osteology by submitting all of the following to the director for approval:

1. Vita.

2. Two letters of reference.

(7) Schedule for the reports. The director shall negotiate with the qualified archeologist and persons on the registry for that burial site or class of burial sites on a schedule for the written report of this analysis.

(8) Review of reports. Two copies of the report of the excavation and analysis, along with a copy of all field notes, maps, and photographs relating to the documentation of the burials shall be submitted to the director for review.

(9) Bone samples. Upon approval of the director, the skeletal analyst or archeologist may retain a sample of bone for analysis when this will aid in identifying the burial’s type or class, or when this is consistent with the disposition decision as stipulated in s. HS 2.05 (1).

(10) Archiving documentation. All approved reports, the copy of all field notes, maps, and photographs relating to the documentation of the burial shall be permanently archived at the state historical society.

(11) Copies of the report. A copy of the report shall be sent to the owner of the burial site and other interested persons upon request to the director.

(12) Responsibility for costs of excavation and analysis.

(a) Any person who obtains permission to disturb a cataloged burial site shall pay for the costs of archeological excavation and skeletal analysis. The person may hire any qualified archeologist and skeletal analyst approved by the director.

(b) In instances where an uncataloged burial site is accidentally uncovered, and it is not feasible to leave the burial place, the director shall, within a reasonable time beginning 30 days of when ground conditions permit, excavate and analyze the remains at no cost to the owner. Requests for excavation shall be considered in the order in which they are received. If the director cannot accomplish the work within the time frame desired, the owner may hire, at his or her own expense, a qualified archeologist and skeletal analyst approved by the director to excavate and analyze the remains.

(13) Burial sites on public land. All transfers of public land containing burial sites to private parties shall be approved by a majority vote of the board. The municipality or public agency wishing to transfer a property containing a burial site shall submit a written explanation to the board. This explanation shall include a land description of the property and a copy of the proposed deed restrictions concerning the burial site.

History

• Cr. Register, September, 1990, No. 417, eff. 10-1-90; corrections made in (1) (c) and (5) (L) under s. 13.93 (2m) (b) 7., Stats., Register April 2005 No. 592.

Wis. Admin. Code § HS 2.05 Disposition of remains {#sec-hs-2.05 omnilex-key=us-wi-regs-official--agency-hs--HS 2.05}

(1) Decisions on disposition. The director shall not decide the final disposition of any excavated human remains and objects related to the burial until the remains, related objects, and other artifacts recovered in the course of the excavation have received appropriate analysis and a satisfactory report on these remains and artifacts has been received by the director.

(2) Interim disposition. Unless otherwise agreed upon by the director and contracting archeologist, after the completion of the analysis, the human remains, objects related to the burial, and other artifacts recovered in the course of the excavation shall be cared for by arrangement of the state historical society until disposition has been decided.

(3) Notification. All persons on the registry for the particular burial site in question or class of burial sites, shall be notified by certified letter, return receipt requested, that they may apply to arrange for the final disposition of the remains and objects related to the burial.

(4) Application procedure. Persons in the registry who have an interest in the disposition of the human remains and objects related to the burial, may apply in writing to the director for possession. This written application shall include all of the following:

(a) The applicant’s name and address

(b) The category of interest as defined by s. 157.70 (1) (g), Stats.

(c) The specific plans for final disposition, including location of the human remains and objects related to the burial.

(5) Director’s review. The director shall review the application. If the application is inaccurate, incomplete, or inadequate the request for disposition shall be returned to the applicant within 30 days of receipt of the application with an explanation of the deficiencies.

(6) Disposition decision. If the application is complete and accurate to the best of the director’s knowledge, the director shall, based on the order of priority of interests established in s. 157.70 (6) (a), Stats., decide to whom the remains will be transferred to for disposition. Upon making the decision, the director shall notify the applicants, all persons on the registry for the burial site or class of burial sites, and other persons deemed appropriate to notify, to whom the remains will be transferred for disposition.

(7) Board review. Any person on the registry for a particular burial site may request a board review of the director’s decision regarding disposition of the remains from that particular burial site.

(8) Cost of disposition. The person or agency whose actions result in the disturbance of a cataloged burial site shall pay the costs of reburial, cremation or curation of the human remains and any objects related to the burial.

(9) Reinterment. If the human remains and objects related to the burial are reinterred, the director shall require the information necessary to catalog this site.

(10) Curation.

(a) If the human remains and objects related to the burial are to be curated, they shall be in an institution with adequate long-term curatorial capabilities. Regular access for scholars and persons on the registry for the burial site or class of burial sites shall be guaranteed.

(b) Originals or copies of all field notes, maps, and photographs from a burial site investigation shall be curated at the state historical society.

(11) Compliance.

(a) Any person awarded disposition of the remains for reinterment shall submit a witnessed and notarized statement to the director within 60 days of acquiring the remains, or within 60 days of when ground conditions permit reinterment or cremation, stating that the agreed upon reinterment or cremation has been completed.

(b) Any person awarded disposition of the remains for curation shall submit a witnessed and notarized statement to the director within 60 days of acquiring the remains, that states that the agreed upon curation has been established.

(12) Failure to comply. If the director determines that the remains have not been reinterred, cremated or curated as agreed, the director shall order all remains returned to the director. The director shall notify the persons on the registry as stipulated in sub. (3).

History

• Cr. Register, September, 1990, No. 417, eff. 10-1-90.

Chapter HS 3 STATE HISTORIC REHABILITATION TAX CREDITS

Wis. Admin. Code § HS 3.01 Authority {#sec-hs-3.01 omnilex-key=us-wi-regs-official--agency-hs--HS 3.01}

This chapter is promulgated under the authority of ss. 44.02 (24), 44.34 (4) and 227.11 (2) (a), Stats., and provides a process to implement s. 71.07 (9r), Stats.

History

• Cr. Register, August, 1996, No. 488, eff. 9-1-96.

Wis. Admin. Code § HS 3.02 Purpose {#sec-hs-3.02 omnilex-key=us-wi-regs-official--agency-hs--HS 3.02}

This chapter establishes procedures that the state historical society will use to make its determinations regarding the eligibility of projects to rehabilitate historic property for 25% state investment tax credits.

Note: In addition to these requirements of the state historical society, the taxpayer claiming the credit must meet other requirements of the department of revenue.

History

• Cr. Register, August, 1996, No. 488, eff. 9-1-96.

Wis. Admin. Code § HS 3.03 Definitions {#sec-hs-3.03 omnilex-key=us-wi-regs-official--agency-hs--HS 3.03}

In this chapter:

(1) “Completion date” means the date indicated in the approved part 2 application by which all eligible activity is to be completed.

(2) “Eligible activity” means those portions of a project for which the owner may claim the costs under the 25% rehabilitation tax credit program under s. 71.07 (9r) (a) and (b) 1m., Stats.

(3) “Eligible property” means real property located in the state of Wisconsin that has been determined to be historic property that is used as an owner-occupied personal residence and is not actively used in a trade or business, held for the production of income, or held for sale or other disposition in the ordinary course of the owner’s trade or business.

(4) “Five year phasing application” means state form HPD:WTC004, “Request for Five-Year Project Phasing.,” available from the division of historic preservation, state historical society, 816 State Street, Madison, Wisconsin 53706.

(5) “Listing date” means the date on which the property or the district in which it is physically located is listed in the national register or state register.

(6) “National register” means the list of properties and districts of historic, archeological, architectural, and engineering significance in the national register of historic places maintained by the national park service, U. S. department of the interior under provisions of 16 USC 470.

(7) “Officer” means the state historic preservation officer appointed under s. 44.32, Stats.

(8) “Outbuilding” means any building within the legal boundaries of a property that contains eligible property under sub. (3).

(9) “Owner” means the natural person whose name is listed in the county register of deeds as holding record title to the property or who holds equitable title as a land contract vendee.

(10) “Part 1 application” means state form HPD:WTC001, “Historic Preservation Certification Application, Part 1—Evaluation of Significance,” available from the division of historic preservation, state historical society, 816 State Street, Madison, Wisconsin 53706.

(11) “Part 2 application” means state form HPD:WTC002, “Historic Preservation Certification Application, Part 2—Description of Rehabilitation,” available from the division of historic preservation, state historical society, 816 State Street, Madison, Wisconsin 53706.

(12) “Part 3 application” means state form HPD:WTC003, “Request for Certification of Completed Work,” available from the division of historic preservation, state historical society, 816 State Street, Madison, Wisconsin 53706.

(13) “Physical work” means construction or destruction in preparation for construction.

(14) “Project period” means the period from the start of physical work until the completion of all eligible activity.

(15) “Rehabilitation work” means an activity that has received, or is the subject of an application to receive, a general certification by the society under s. HS 3.04, including both eligible activity and other physical work that may be undertaken during or within 12 months before the project period.

(16) “Society” means the state historical society.

(17) “State register” means the list of properties and districts of historic, archeological, architectural, and engineering significance in the Wisconsin state register of historic places maintained by the state historical society under s. 44.36, Stats., including interim listings under s. 44.36 (5) (a) 3., Stats.

History

• Cr. Register, August, 1996, No. 488, eff. 9-1-96.

Wis. Admin. Code § HS 3.04 General certification by the society {#sec-hs-3.04 omnilex-key=us-wi-regs-official--agency-hs--HS 3.04}

For purposes of s. 71.07 (9r) (b) 3., Stats., a project is certified when the officer has made a determination of historic property under s. HS 3.05 and certifies in writing that the property is historic property and that the rehabilitation work meets the rehabilitation standards under s. HS 3.06. The officer shall rescind certification if the applicant does not submit a part 3 application under s. HS 3.06 (1) and (2) or the officer denies the part 3 application under s. HS 3.07 (5).

History

• Cr. Register, August, 1996, No. 488, eff. 9-1-96.

Wis. Admin. Code § HS 3.05 Determination of historic property {#sec-hs-3.05 omnilex-key=us-wi-regs-official--agency-hs--HS 3.05}

Before the officer may certify the rehabilitation work, under s. HS 3.06, a property shall be determined to be historic property through the following processes:

(1) Individually listed property.

(a) A property is historic property if the officer certifies that it is listed individually in the national register or the state register.

(b) The owner shall apply for and receive written determination of historic property by the officer. The owner shall apply using a part 1 application.

(c) If the rehabilitation project includes work on an outbuilding, the owner shall include in the part 1 application a description of the outbuilding and photographs for the officer to determine that the outbuilding contributes to the significance of the historic property.

(d) If the officer determines that the part 1 application is incomplete, the officer shall return it to the owner with recommendations for making it complete.

(e) If the officer determines that the part 1 application is complete, the officer shall review and approve or deny the part 1 application in writing.

(f) When the officer determines a property to be historic property, the officer shall sign the part 1 application and return it to the owner indicating that the property is historic property.

(2) District property.

(a) A property is historic property if it is included in a district that is listed in the national register or the state register and if the officer certifies in writing that it contributes to the significance that caused the district to become eligible for listing in one or both registers.

(b) The owner shall apply for and receive written determination of historic property by the officer. The owner shall apply using a part 1 application.

(c) If the rehabilitation project includes work on an outbuilding, the owner shall include in the part 1 application a description of the outbuilding and photographs for the officer to determine that the outbuilding contributes to the significance of the historic property.

(d) If the officer determines that the part 1 application is incomplete, the officer shall return it to the owner with recommendations for making it complete.

(e) If the officer determines that the part 1 application is complete, the officer shall review and approve or deny the part 1 application in writing.

(f) When the officer determines a property to be historic property, the officer shall sign the part 1 application and return it to the owner indicating that the property is historic property.

(3) Property determined eligible.

(a) A property is historic property if it is determined by the officer to be eligible for listing in the national register or the state register.

(b) The owner shall apply for and receive written determination of historic property by the officer. The owner shall apply using a part 1 application that describes the historic building, its site, and any outbuildings contained on the site.

(c) If the officer determines that the part 1 application is incomplete, the officer shall return it to the owner with recommendations for making it complete.

(d) If the officer determines that the part 1 application is complete, the officer shall review and approve or deny the part 1 application in writing.

(e) When the officer determines a property to be historic property, the officer shall sign the part 1 application and return it to the owner indicating that the property is historic property.

History

• Cr. Register, August, 1996, No. 488, eff. 9-1-96.

Wis. Admin. Code § HS 3.06 Certification of rehabilitation work {#sec-hs-3.06 omnilex-key=us-wi-regs-official--agency-hs--HS 3.06}

(1) The owner shall apply for and receive approval by the officer for proposed rehabilitation work using a part 2 application. The owner shall describe all rehabilitation work, including both eligible activities and non-eligible activities, such as site work and cosmetic interior work, and shall indicate on the part 2 application those portions of the project for which the tax credit will be claimed.

(2) The part 2 application shall document the condition and appearance of the property before the start of rehabilitation work, including photographic documentation of all affected portions of the property and, where necessary to describe the project, architectural plans. The officer may waive photographic documentation or architectural drawings in cases where documentation is impossible.

(3) The officer shall review the part 2 application if the owner has applied for a determination of historic property using a part 1 application and if the officer has determined that the property is historic property. If the officer reviews the part 1 application and determines that the property is not historic property, the officer shall return the part 2 application to the owner with an indication that the property is not historic property.

(4) If the officer determines that the part 2 application is incomplete, the officer shall return it to the owner with recommendations for making it complete.

(5) If the officer determines that the part 2 application is complete, the officer shall review and approve, approve with conditions, or deny the part 2 application in writing.

(6) The officer shall approve the part 2 application if the officer determines that the proposed project meets all of the following rehabilitation standards:

(a) A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

(b) The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

(c) Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

(d) Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

(e) Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

(f) Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.

(g) Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

(h) Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

(i) New additions, exterior alterations or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.

(j) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

(7) The officer may approve the part 2 application with conditions if the officer determines that compliance with the conditions would result in the rehabilitation work meeting the rehabilitation standards.

(8) When the officer approves a part 2 application, the officer shall sign the part 2 application and return it to the owner indicating that the officer has certified the property as historic property and has approved the proposed work and any conditions that may be attached to the approval.

(9) An owner may reapply for certification of a rehabilitation project that has been denied by the officer. If the officer determines that the owner has made substantive revisions to the application to conform to the rehabilitation standards, the officer shall consider the application in accordance with procedures in this section.

History

• Cr. Register, August, 1996, No. 488, eff. 9-1-96.

Wis. Admin. Code § HS 3.07 Certification of completed work {#sec-hs-3.07 omnilex-key=us-wi-regs-official--agency-hs--HS 3.07}

(1) Within 90 days of the completion of rehabilitation work the owner shall submit a part 3 application to the officer for approval. If the officer determines that the part 3 application is incomplete, the officer shall return it to the owner with recommendations for making it complete.

(2) If the officer does not receive a part 3 application within 90 days of the completion date, the officer shall notify the owner in writing that certification of rehabilitation will be rescinded unless the owner submits a complete part 3 application within 45 days of the date of the written notification. If the officer does not receive a complete part 3 application by the end of the 45 day period, the officer shall notify the secretary of the department of revenue in writing that certification of rehabilitation has been rescinded.

(3) If the officer determines that the part 3 application is complete, the officer shall review and approve or deny the part 3 application in writing.

(4) The officer shall approve the part 3 application if the officer determines that the rehabilitation work conforms to the part 2 application. When the officer approves a part 3 application, the officer shall sign the part 3 application and return it to the owner indicating that the officer has approved the rehabilitation work.

(5) The officer shall deny the part 3 application if the officer determines that the rehabilitation work does not conform to the part 2 application. When the officer denies a part 3 application, the officer shall issue a letter to the property owner notifying the owner of the reasons for the denial, any remedial action that the owner may take that will result in the approval of the part 3 application, and a date by which the remedial action must take place. If by the given date the officer determines that the project has been brought into conformance with the part 2 application, the officer shall sign and return it to the owner indicating that the officer has approved the rehabilitation work; If by the given date the owner has not demonstrated that work has been brought into conformance with the part 2 application, the officer shall notify by letter the secretary of the department of revenue that the rehabilitation work does not meet the rehabilitation standards.

History

• Cr. Register, August, 1996, No. 488, eff. 9-1-96.

Wis. Admin. Code § HS 3.08 Approval of 5 year phasing {#sec-hs-3.08 omnilex-key=us-wi-regs-official--agency-hs--HS 3.08}

(1) The owner shall apply for and receive approval by the officer prior to the beginning of physical work if the owner elects to claim the costs of eligible activity not completed within a two year project period. Application shall be made using a 5 year phasing application submitted to the officer with the part 2 application.

(2) If the officer determines that the 5 year phasing application is incomplete, the officer shall return it to the owner with recommendations for making it complete.

(3) When the officer approves the 5 year phasing application, the officer shall sign the form and return it to the owner indicating that the phasing plan has been approved and that the project period has been extended according to the approved application up to a maximum of 5 years.

History

• Cr. Register, August, 1996, No. 488, eff. 9-1-96.

Chapter HS 4 STATE HISTORICAL MARKERS PROGRAM

Wis. Admin. Code § HS 4.01 Authority {#sec-hs-4.01 omnilex-key=us-wi-regs-official--agency-hs--HS 4.01}

This chapter is promulgated under the authority of s. 44.15 (9), Stats. and provides a process to implement s. 44.15, Stats.

History

• Cr. Register, November, 1993, No. 455, eff. 12-1-93.

Wis. Admin. Code § HS 4.02 Purpose {#sec-hs-4.02 omnilex-key=us-wi-regs-official--agency-hs--HS 4.02}

This chapter establishes procedures that the society, in consultation with the council, shall use to administer a program for the selection, funding and placement of markers and plaques.

History

• Cr. Register, November, 1993, No. 455, eff. 12-1-93.

Wis. Admin. Code § HS 4.03 Definitions {#sec-hs-4.03 omnilex-key=us-wi-regs-official--agency-hs--HS 4.03}

In this chapter:

(1) “Council” means the historical markers council established under s. 15.707 (1), Stats.

Note: 1997 Wis. Act 27 repealed s. 15.707 (1), Stats.

(2) “Marker” means a large informational sign or marker, in one or more sizes of uniform design, with narrative text, meant generally to be free-standing and to mark state or local sites of special historical, architectural, cultural, archeological, ethnic, geological or legendary significance, or significance to natural history.

(3) “Officer” means the state historic preservation officer under s. 44.32, Stats.

(4) “Plaque” means a small marker in one or more sizes of uniform design, meant to mark buildings, structures, sites, districts and objects listed in the state register of historic places and to mark state and local sites of special historical, architectural, cultural, archeological, ethnic, geological, natural history and legendary significance, generally without narrative text.

(5) “Society” means the state historical society of Wisconsin.

(6) “State register of historic places” means the list of properties and districts of historic, architectural, archeological, engineering and cultural significance in Wisconsin maintained by the state historical society under s. 44.36, Stats.

History

• Cr. Register, November, 1993, No. 455, eff. 12-1-93.

Wis. Admin. Code § HS 4.04 Duties of the officer: placement of markers and plaques {#sec-hs-4.04 omnilex-key=us-wi-regs-official--agency-hs--HS 4.04}

For purposes of s. 44.15 (9), Stats., the officer shall approve the placement of markers and plaques by approving applications under ss. HS 4.05 and 4.06, shall enforce the restriction under s. HS 4.08, and shall approve funding for, and placement of, markers and plaques under ss. HS 4.09 and 4.10.

History

• Cr. Register, November, 1993, No. 455, eff. 12-1-93.

Wis. Admin. Code § HS 4.05 Approval and maintenance of markers and plaques {#sec-hs-4.05 omnilex-key=us-wi-regs-official--agency-hs--HS 4.05}

(1) Application procedures for markers and plaques.

(a) Any person may apply for placement of a marker or plaque by submitting a completed marker application HMP:0001 to the society. The applicant shall provide for the marker or plaque location and placement, funding to purchase the marker or plaque, maintenance of the marker or plaque, and other information and documentation required in the application.

(b) An application that is incomplete shall be returned to the applicant within 30 days of receipt by the society.

(c) The society in consultation with the council shall review and approve an application that meets the requirements under s. HS 4.06. An application shall be approved or disapproved within 180 days of receipt by the society.

(2) Text approval and marker and plaque purchase.

(a) The narrative text, if any, for an approved marker or plaque shall be based on the suggested text in the application and shall be prepared by the applicant with the assistance of the society and shall be approved by the officer.

(b) The society shall arrange for the manufacture and delivery of the marker or plaque to the applicant.

(3) Maintenance of markers and plaques. The applicant for the marker or plaque shall be responsible for the maintenance of the marker or plaque after it has been erected. The society may issue orders to maintain markers and plaques, and the society may maintain markers and plaques.

Note: The marker application form HMP:0001 is available from the State Historical Society of Wisconsin, 816 State St., Madison WI 53706.

History

• Cr. Register, November, 1993, No. 455, eff. 12-1-93.

Wis. Admin. Code § HS 4.06 Criteria for approval of applications {#sec-hs-4.06 omnilex-key=us-wi-regs-official--agency-hs--HS 4.06}

The officer in consultation with the council shall consider for approval applications for markers and plaques for state and local sites if the applications are complete and documented, if the officer determines that the applicants can fund and maintain the markers or plaques, and if the sites meet any of the following criteria of significance for selection:

(1) Listed in the state register of historic places under s. 44.36, Stats.

(2) Association with events that have made a significant contribution to the broad patterns of history.

(3) Association with the lives of persons no longer living who have made significant contributions to the broad patterns of history and culture.

(4) Embodiment of the distinctive characteristics of a type, style, period or method of construction or architecture, or representation of the work of a master, or that possess high artistic value.

(5) Yielding, or likely to yield, information important in prehistory or history.

(6) Association with ethnic groups who have made distinctive and significant contributions to history.

(7) Embodiment of characteristics of the state representing significant aspects of the physical or natural history of the earth and its life.

(8) Representation of popular stories or myths that, although not verifiable, are significant to history and culture.

History

• Cr. Register, November, 1993, No. 455, eff. 12-1-93.

Wis. Admin. Code § HS 4.07 Provision of markers and plaques {#sec-hs-4.07 omnilex-key=us-wi-regs-official--agency-hs--HS 4.07}

(1) The society shall arrange for the manufacture and distribution of markers and plaques.

(2) The society may sell markers and plaques, with funds generated by the sales to be deposited in the markers fund established under s. 20.245 (3) (d), Stats.

Note: 2001 Wis. Act 16 repealed s. 20.245 (3) (d), Stats.

History

• Cr. Register, November, 1993, No. 455, eff. 12-1-93.

Wis. Admin. Code § HS 4.08 Restrictions on use of markers and plaques {#sec-hs-4.08 omnilex-key=us-wi-regs-official--agency-hs--HS 4.08}

(1) The markers and plaques developed by the society may not be used to mark sites other than those approved by the society and shall be used subject to any conditions established by the society in consultation with the council.

(2) No marker or plaque may include the personal name of the current owner of the property or the name of any living person.

(3) No person may erect or use a marker or plaque that is identical to or misleadingly resembles the markers and plaques developed by the society.

(4) The officer may require the removal of any marker or plaque that does not meet the requirements of this subsection.

(5) The officer shall notify the department of justice of any violation of s. 44.15 (3) (b), Stats.

History

• Cr. Register, November, 1993, No. 455, eff. 12-1-93.

Wis. Admin. Code § HS 4.09 Approval of state-funded markers and plaques {#sec-hs-4.09 omnilex-key=us-wi-regs-official--agency-hs--HS 4.09}

(1) In consultation with the council, the officer may identify and authorize placement of markers and plaques to be funded by state appropriations or other sources of funding. No matching funds are required for a marker or plaque that is funded under this section. Funds may be used for the purchase of markers and plaques to be installed on historical properties and for placement and installation of markers and plaques in other states or countries.

(2) Consideration for state funding of markers and plaques under this section shall be given to:

(a) Manufacture of standardized plaques for properties listed in the state register of historic places.

(b) Purchasing markers and plaques for state-owned properties.

(c) Purchasing markers and plaques for properties owned by local units of government.

(d) Updating, revising or correcting the texts on existing markers and plaques, or replacing damaged markers or plaques.

(e) Expenditures by the officer in consultation with the council to meet special circumstances or needs of the markers program.

(3) If funding to assist marker and plaque applicants with the purchase of markers and plaques is available from the society, the society shall inform persons who apply for markers or plaques of the availability of such funds.

History

• Cr. Register, November, 1993, No. 455, eff. 12-1-93.

Wis. Admin. Code § HS 4.10 State agencies and state-owned property {#sec-hs-4.10 omnilex-key=us-wi-regs-official--agency-hs--HS 4.10}

(1) Each board, commission, committee, department, or officer in state government shall cooperate with the society and the council in the placement of markers or plaques on state-owned property, and shall place and maintain such markers or plaques, as supplied by the society, at locations identified by the society. All state departments, independent agencies and institutions are directed to cooperate with the society and the council in administering the markers program. Applicable laws shall be liberally construed in favor of such cooperation.

(2) The officer in consultation with the council may place markers and plaques on state-owned property.

(3) The officer shall notify in writing the director of the state department, independent agency or institution of the decision to place a marker or plaque on the property. The officer shall request the cooperation of the state department, independent agency or institution in the location, installation and maintenance of the marker or plaque.

(4) The director of the state department, independent agency or institution shall reply within 60 days to the officer agreeing to the placement of the marker or plaque and shall enter into an agreement with the officer concerning the location, installation and maintenance of the marker or plaque.

(5) The society shall arrange for the manufacture and delivery of the marker or plaque.

History

• Cr. Register, November, 1993, No. 455, eff. 12-1-93.

Wis. Admin. Code § HS 4.11 Donations and assistance {#sec-hs-4.11 omnilex-key=us-wi-regs-official--agency-hs--HS 4.11}

(1) The society, on behalf of the council, may accept appropriations, sales proceeds, and gifts and bequests made for the purposes of the markers program and use them as far as practicable in accordance with the wishes of the donor. All money so received shall promptly be paid into the state treasury and be paid out on order of the society.

(2) Proceeds from sales of markers and plaques shall be used to carry out the markers program.

(3) The society and the council may accept the aid, support and cooperation of state, county, city, village, or town agencies, or private agencies or persons in executing projects of the markers program.

History

• Cr. Register, November, 1993, No. 455, eff. 12-1-93.

Chapter HS 10 PARKING

Wis. Admin. Code § HS 10.01 Parking on state historical society grounds {#sec-hs-10.01 omnilex-key=us-wi-regs-official--agency-hs--HS 10.01}

Parking is prohibited on the grounds of the state historical society premises located at 816 State Street, (also known as the corner of State and Langdon streets) and at the state history museum premises at 30 N. Carroll St. (also known as Carroll and Mifflin streets) Madison, Wisconsin, except for society vehicles and such other vehicles as may be allowed by the director, who may issue parking permits for the vehicles allowed; the parking areas shall be appropriately posted. Violation of this section may result in a forfeiture to the state of not more than $25.

History

• Cr. Register, April, 1973, No. 208, eff. 5-1-73; r. and recr. Register, October, 1984, No. 346, eff. 11-1-84.