Alabama Administrative Code › Title 584 - ALABAMA COMMITTEE ON MONUMENT PROTECTION › Chapter 584-X-1 - General Rules › Section 584-X-1-.04 - Applications For Waiver

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
No Waiver for Memorials or Monuments in Place for 40 or More
			 Years
. A controlling entity that is responsible for an
			 architecturally significant building, memorial building, memorial street, or
			 monument that is located on public property and has been in that location for
40 or more years
may not relocate, remove, alter,
			 rename, or otherwise disturb the architecturally significant building, memorial
			 building, memorial street, or monument, nor permit such action by any other
			 party. Notwithstanding the above, emergency repairs or construction as provided
			 in 584-X-1-.04(13), and activities conducted in accordance with the provisions
			 therein, shall not constitute a violation of these rules or the Alabama
			 Memorial Preservation Act of 2017.
(2)
Requests for Waiver for
			 Memorials or Monuments in Place for at Least 20 Years and Less than 40
			 Years
. A controlling entity that is responsible for an
			 architecturally significant building, memorial building, memorial street, or
			 monument that is located on public property and has been in that location for
			 at least 20 years, but less than 40 years may request a waiver for relocation,
			 removal, alteration, renaming or other form of disturbance.
(3)
Requests for Waiver for
			 Memorial Schools in Place at Least 20 Years
. A controlling entity
			 that is responsible for a memorial school that is located on public property
			 and has been so situated for 20 or more years may request a waiver for
			 renaming.
(4)
Entity
			 Submitting Application for Waiver
. The application for a waiver
			 must be submitted by the controlling entity. If a second entity has control or
			 custody of the memorial or monument but not the public property on which it
			 sits, the second entity may endorse the controlling entity's application for
			 waiver but may not initiate the application.
(5)
Application for
			 Waiver
. The committee shall adopt guidelines for the application
			 for waiver. The guidelines shall be made available to the public and shall
			 require, at a minimum, the following:
(a) A
			 standard cover form identifying the controlling entity and enumerating the
			 required attachments.
(b) A formal
			 resolution by the controlling entity seeking a waiver.
1. The formal resolution adopted by the
			 controlling entity must have been presented for public input prior to adoption
			 by the controlling entity.
2.
			 Public notice of the intent to adopt the resolution must be published in the
			 same manner used by the controlling entity for notification of other public
			 actions. The public notice must be published no less than 30 days before
			 consideration of the resolution for adoption by the controlling
			 entity.
(c) A written
			 statement of purpose for the proposed relocation, removal, alteration,
			 renaming, or other disturbance. The statement shall include photographs, maps,
			 and other documentation as necessary to convey a clear articulation of the
			 controlling entity's purpose in seeking a waiver.
(d) Written documentation of the original
			 dedication or designation of the architecturally significant building, memorial
			 building, memorial school, memorial street, or monument; the intent of the
			 sponsoring entity at the time of dedication; and any subsequent alteration,
			 renaming, or other disturbance of the architecturally significant building,
			 memorial building, memorial school, memorial street, or monument.
(e) Written commentary from any heritage,
			 historical, genealogical, or preservation organizations with interest in the
			 decision of the controlling entity, and from the general public. Letters of
			 support or disagreement from interested organizations or the general public
			 shall include supporting documentation, references, photographs, or other
			 credible materials.
(f) A written
			 statement of any facts that were not known at the time of the origin of the
			 architecturally significant building, memorial building, memorial school,
			 memorial street, or monument, but are known now, that the committee should
			 consider. The absence of such facts should serve as a presumption against the
			 granting of a waiver by the committee.