Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 3 - Historic Preservation Division › Chapter 12 - Mississippi Standards and Guidelines for Archaeological Investigations › Rule 16-3-12.17.0 - Mississippi Landmark Permits Procedures for Implementation of the Antiquities Law of Mississippi

Current through June 25, 2024
Section 1
-
				The Board of Trustees
Section
				  39-7-5
				  of the Antiquities Law of Mississippi assigns sole responsibility for
				  administration of the Antiquities Law to the Board of Trustees of the
				  Mississippi Department of Archives and History (MDAH). In administering the
				  Antiquities Law, the Board of Trustees has the authority to issue permits for
				  public construction, public improvement of any nature, or the transfer of
				  public property to private ownership of designated Mississippi Landmark
				  properties. The Board also has the authority to designate public properties as
				  Mississippi Landmarks. In administering the Antiquities Law, the Board will
				  consider the recommendations of MDAH staff and written comments from public
				  property owners and members of the public.
Section 2
- Designation of Mississippi
				Landmarks
Section
				  39-7-11
				  designates publicly owned archaeological sites as Mississippi Landmarks and
				  authorizes the Board to designate publicly owned sites of historical or
				  architectural significance as Mississippi Landmarks with or without the consent
				  of the owner(s). Section
				  39-7-13
				  authorizes the Board to designate privately owned sites of historical or
				  architectural significance as Mississippi Landmarks with the written consent of
				  the owner(s).
Section
				3
- Criteria for Designation
Mississippi Landmarks are recognized as the state's most
				  important historic and cultural resources. They are sites, objects, buildings,
				  artifacts, implements, and locations that possess exceptional value or quality
				  in illustrating or interpreting the history of the State of Mississippi. In
				  considering the designation of potential Mississippi Landmarks, the resource(s)
				  must be listed in or eligible for listing in the National Register of Historic
				  Places (NRHP). Determinations of eligibility shall be based on recommendations
				  by MDAH staff.
Of those eligible resources, the Board will give priority to
				  properties:
* individually listed in or eligible for listing in the
				  NRHP;
* associated with courthouses or schools;
* located within Certified Local Government communities;
* whose designation is supported by the property owner
				  and/or local preservation commission.
While the Board will consider the above priorities for
				  Mississippi Landmark designation, the Board has the authority to designate any
				  eligible publicly owned property, with or without the consent of the owner(s).
For public campuses, including schools, universities, public
				  health facilities and other similar properties, the Board encourages the
				  adoption of
Memoranda of Agreement
with the governing public
				  agencies to identify individual resources as contributing and non-contributing
				  and to establish priorities for preservation and permit
				  procedures.
Section 4
- Consideration and Designation Process
When a Mississippi Landmark designation request is made by
				  the property owner, MDAH staff shall prepare a significance report developed in
				  accordance with National Register of Historic Places criteria. The report shall
				  include a written statement on the boundaries of the proposed landmark property
				  and shall list all sites, objects, buildings, artifacts, implements, and/or
				  locations to be included in the proposed landmark designation.
If the property meets the criteria for designation, the
				  Board will consider the designation at the next regularly scheduled, quarterly
				  Board meeting. However, if expeditious action is required for contractual,
				  security, or economic reasons, the Board may place the consideration on the
				  agenda of the next regularly scheduled monthly teleconference.
Upon consideration of a public property for designation,
				  MDAH shall solicit written, public comments for a period of at least thirty
				  days following publication of a legal notice. Legal notice of the proposed
				  designation shall be published in the newspaper of record associated with the
				  local property and on the MDAH website. Proof of publication shall be provided
				  prior to action by the Board.
At the conclusion of the public comment period, the Board of
				  Trustees will consider the proposed designation at the ensuing quarterly
				  meeting. However, if expeditious action is required for contractual, security,
				  or economic reasons-and provided no opposition is expressed during the public
				  comment period-the Board may act on the designation prior to the next quarterly
				  meeting. For private properties in which designation is by owner request, the
				  Board may elect to proceed with designation without public comment.
The Board may also designate eligible publicly owned
				  properties when designation is not requested by the owner. When considering
				  such a designation, MDAH will contact the property owner and request written
				  comments. If a request is received for the demolition of a publicly owned
				  property, the public owner may also be asked to provide additional information,
				  including a structural report prepared by a qualified structural engineer with
				  experience in evaluating historic structures. For public properties located in
				  Certified Local Government communities, the chair of the local preservation
				  commission will also be asked to provide written comments. Based on the
				  comments and additional documentation received, the Board president, in
				  consultation with MDAH staff, will determine if the property will be placed
				  before the Board for consideration as a Mississippi Landmark. Upon presentation
				  to the Board, the consideration and designation process will be the same as
				  described above.
Once a property is designated a Mississippi Landmark, MDAH
				  shall inform the property owners in writing and shall prepare and execute a
Certificate of Designation
to be recorded in the deed records
				  of the county in which the property exists.
Section 5
- Notices of Intent and
				Permits for Designated Mississippi Landmark Properties
Restoration, renovation, significant repairs or other
				  alterations of a Mississippi Landmark property may be conducted only pursuant
				  to a permit approved by the Board of Trustees. Work affecting Mississippi
				  Landmark archaeological sites also requires a Mississippi Landmark permit.
For all projects involving designated Mississippi Landmark
				  properties, including demolition or significant alteration, the owner(s) must
				  submit a
Notice of Intent
to MDAH. The
Notice of
				  Intent
must include appropriate supporting documentation, including
				  plans and specifications, maps, photographs, etc., and shall be submitted at
				  least one month prior to the next regularly scheduled Board meeting. The
Notice of Intent
should include a detailed description of the
				  proposed project, including photographs, plans and/or specifications, as
				  appropriate.
Notices of Intent
shall be submitted in the early
				  stages of planning and always prior to the letting of bids for public
				  construction or public improvement of any nature, in accordance with Section
				  39-7-22.
Upon receipt of a
Notice of Intent
,
				  proposed project(s) will be reviewed by MDAH staff to determine if the project
				  is in accordance with the Secretary of the Interior's
Standards for
				  Rehabilitation
. Upon review, a staff committee will consider proposed
				  project(s) and make recommendations for approval, approval with conditions, or
				  denial of a permit. The staff review committee shall meet monthly and may
				  include project professionals in the meeting, as well as a representative from
				  the Bureau of Building, Real Property and Grounds.
For projects that do not involve demolition or significant
				  alteration of a designated Mississippi Landmark property and consist of routine
				  or minor activities consistent with the Secretary of the Interior's
Standards for Rehabilitation
, as outlined below, a resolution
				  passed by the Board will authorize approval of the projects by the staff review
				  committee. For these projects, MDAH staff may proceed to issue a permit
				  following staff review committee approval. A list of the permitted, routine
				  projects shall be provided to the Board for documentation at the following
				  Board meeting.
The following are considered to be routine and/or minor
				  activities consistent with the Secretary of the Interior's Standards for
				  Rehabilitation:
1. Appropriate removal
				of insignificant or incompatible minor additions or
2. alterations;
3. Repair or selective in-kind replacement of
				siding materials;
4. Repair or
				in-kind replacement of roofing, coping, gutters and downspouts;
5. Selective in-kind or appropriate
				replacement of exterior and interior lighting fixtures;
6. Repair or selective in-kind replacement of
				original and/or appropriate flooring materials;
7. Repair or selective in-kind replacement of
				interior and exterior finishes, including but not limited to structural finish
				materials (i.e. stucco, plaster, clapboard, etc.), paint, and/or stain;
8. Repair or selective in-kind
				replacement of original and/or appropriate windows or doors;
9. Heating Ventilation and Air Conditioning
				equipment, if suitably screened or unobtrusive to the structures original
				building materials or its aesthetic surroundings;
10. Plumbing or Exhaust Vents, if suitably
				screened or unobtrusive to the structures original building materials or its
				aesthetic surroundings;
11.
				In-kind repair or replacement of woodwork, metalwork, and other trim;
12. Selective brick pointing and
				cleaning of building exteriors, except by sandblasting or other abrasive
				methods;
13. Pruning &
				maintenance of limbs not more than 6 inches in diameter;
14. Removal of trees not more than 6 inches
				in diameter;
15. In-kind repair or
				replacement of sidewalks and parking surfaces;
16. In-kind repair or selective replacement
				of fencing;
17. Other routine,
				minor, and compatible work consistent with the above.
All permits issued by the Board are valid for one year from
				  the issue date of the permit. At the completion of the permitted project, the
				  owner must submit documentation, including photographs, of the permitted
				  activity.
Should the owner of a designated Mississippi Landmark
				  property wish to appeal the conditions of a permit or a decision by the Board
				  involving a designated Mississippi Landmark property, the owner shall provide
				  the appeal in writing. Following review and recommendation by MDAH staff, the
				  appeal will be considered at the next regularly scheduled quarterly Board
				  meeting. However, if expeditious action is required for contractual, security,
				  or economic reasons, the Board may place the consideration on the agenda of the
				  next regularly scheduled monthly teleconference.