Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 3 - Historic Preservation Division › Chapter 1 - Policies for Implementation of the Antiquities Law of Mississippi › Rule 16-3-1.3 - Permit Process

Current through June 25, 2024
State agencies, counties, cities, and all their political
				  subdivisions are required to submit a Notice of Intent to MDAH for all projects
				  affecting publicly owned property in accordance with Rule
				  1.2 for review. Work affecting
				  archaeological sites or potential archaeological sites on publicly owned
				  property also must be submitted to MDAH for review and approval.
The permit process begins with the filing of a Notice of
				  Intent. The review process which follows is determined by the classification of
				  the property at issue and the nature of the activity for which a permit is
				  sought as set forth herein.
A.
Undesignated Public Properties.
If, upon review, MDAH staff determines that a property does
				  not meet the criteria for designation as a Mississippi Landmark as defined in
				  Rule
				  1.4(A), staff will
				  notify the applicant that the project may proceed without further
				  review.
If MDAH determines that the property is a potential
				  Landmark, in accordance with the criteria in Rule
				  1.4(A) and that the
				  proposed project meets the Secretary of the Interior's
Standards for
				  the Treatment of Historic Properties,
MDAH staff will notify the
				  applicant that the project is acceptable or acceptable with conditions.
For public campuses, including schools, universities, public
				  health facilities and other similar multi-building properties, the Board
				  encourages the adoption of Memoranda of Agreement (MOA) between MDAH and the
				  governing public institution to identify eligible resources for Mississippi
				  Landmark designation and to establish priorities for preservation. In the
				  absence of the adoption of an MOA, public entities shall act in accordance with
				  the requirements of Rule
				  1.2, Rule 1.3 and Rule
				  1.4 for all buildings.
Transfer of Property.
A Notice of Intent must
				  be submitted in accordance with Rule
				  1.2 for the transfer of publicly owned
				  property to private ownership prior to transfer. If, upon review, MDAH staff
				  determines that the property is a potential Mississippi Landmark, the owner
				  shall be informed and the proposed property transfer or sale shall not be
				  commenced prior to Landmark designation and the authorization of a permit by
				  the Board. The Board, in consultation with staff, may act to consider the
				  property for Mississippi Landmark designation in accordance with the procedures
				  in Rule
				  1.4. The Board may also authorize a
				  permit for property transfer without designation.
Adverse Effect.
If, upon review, MDAH staff
				  determines that significant historic, archaeological or architectural sites,
				  buildings, structures, locations or objects will be adversely affected by the
				  public construction, alteration or demolition, MDAH will notify the applicant
				  and owner that the proposed project must not be commenced without a permit
				  issued by the Board. Additional information, including, but not limited to, a
				  structural report by a qualified structural engineer with experience working
				  with historic structures may be required prior to MDAH action.
Consideration.
The Board, in consultation with
				  staff, may act to place a project that would adversely affect a potential
				  Mississippi Landmark under consideration for a permit. Once the project is
				  placed under consideration, MDAH will publish a legal notice soliciting
				  written, public comment in accordance with Rule
				  1.5.
After the conclusion of the public comment period, the
				  proposed project and written public comments may be placed on the Board agenda
				  for action. Based on the comments and additional documentation received, the
				  Board may act to approve or deny the permit.
If the Board denies the permit due to an adverse effect, it
				  may also consider the property for Mississippi Landmark designation in
				  accordance with the procedures in Rule
				  1.4.
Appeal.
Should the owner of a potential
				  Mississippi Landmark property wish to appeal the conditions of a permit or a
				  decision involving a potential Mississippi Landmark property, the owner must
				  provide the appeal in writing. Following review and recommendation by MDAH
				  staff, the appeal will be considered by the Board.
B.
Designated Mississippi Landmark
				Properties
.
Restoration, renovation, repairs, excavation,
				  ground-disturbing activities, or other alterations of a designated Mississippi
				  Landmark property may be conducted only pursuant to a permit approved by the
				  Board of Trustees in accordance with this Rule 1.3(B) or Rule 1.3(C). Permit
				  applications must be submitted using the Notice of Intent form in accordance
				  with Rule
				  1.2.
Upon receipt of a Notice of Intent, the proposed project
				  will be reviewed by MDAH staff to determine if the project is in conformance
				  with the Secretary of the Interior's
Standards for the Treatment of
				  Historic Properties
. Staff determinations for routine or minor
				  activities under Rule 1.3(C) may include project approval or approval with
				  conditions. If the project is not within the provisions of Rule 1.3(C), staff
				  may deny a permit or make a recommendation to the board for action. Permit
				  denials issued by MDAH staff may be provided to the Board for informational
				  purposes.
Transfer of Property.
MDAH requires a Notice of
				  Intent to be submitted in accordance with Rule
				  1.2 for the transfer or sale of
				  designated Mississippi Landmark property. The Notice of Intent must include
				  contact information for the current and future owners.
Adverse Effect.
When a Notice of Intent is
				  received for the demolition or significant alteration that would adversely
				  affect a designated Mississippi Landmark property, the owner may be asked to
				  provide additional information, including, but not limited to, a structural
				  report prepared by a qualified structural engineer with experience in
				  evaluating historic structures.
Consideration.
The Board, in consultation with
				  staff, may place a property under consideration for demolition or significant
				  alteration at the next regularly scheduled Board meeting. Once the property is
				  placed under consideration, MDAH will publish a legal notice soliciting
				  written, public comment in accordance with Rule
				  1.5.
After the conclusion of the public comment period, the
				  proposed demolition or significant alteration may be placed on the Board agenda
				  for action at the next regularly scheduled meeting.
Archaeological Sites.
Work affecting
				  archaeological sites also requires a Mississippi Landmark permit in accordance
				  with Rule
				  1.2 and Rule 1.3. Work must be
				  conducted according to current Mississippi Standards for Archaeological
				  Practices.
Duration of Permit.
All permits issued by the
				  Board are valid for one (1) year from the issue date of the permit. It is the
				  responsibility of the property owner to request permit renewal for projects
				  that will not be completed before the permit expires. The permit must be posted
				  at the project site for the duration of the project. At the completion of the
				  permitted project, the owner must submit documentation, including photographs,
				  of the permitted activity.
Appeal.
Should the owner of a designated
				  Mississippi Landmark property wish to appeal the conditions of a permit, denial
				  of a permit, or a decision by the Board involving a designated Mississippi
				  Landmark property, the owner must provide the appeal in writing. Following
				  review and recommendation by MDAH staff, the appeal will be considered by the
				  Board.
C.
Permits for
				Routine or Minor Activities.
Permits for projects that consist of routine or minor
				  activities that are in conformance with the Secretary of the Interior's
Standards for the Treatment of Historic Properties
, as
				  outlined below, may be approved by MDAH staff. At the next Board meeting, the
				  Board will place upon its minutes the projects approved by the staff pursuant
				  to Rule 1.3(C). The following are considered to be routine or minor activities
				  (consistent with the Secretary of the Interior's
Standards for the
				  Treatment of Historic Properties
) that may be approved by MDAH staff:
1. Appropriate removal of
				insignificant or incompatible minor additions or alterations;
2. Selective demolition for investigative
				purposes;
3. Repair or selective
				in-kind replacement of exterior cladding materials;
4. Repair or in-kind replacement of roofing,
				coping, gutters or downspouts;
5.
				Selective in-kind or appropriate replacement of exterior or interior lighting
				fixtures;
6. Repair or selective
				in-kind replacement of original or appropriate flooring materials;
7. Repair or selective in-kind replacement of
				interior or exterior finishes, including but not limited to structural finish
				materials (i.e. stucco, plaster, clapboard, etc.), paint, or stain;
8. Repair of original or appropriate windows
				or doors;
9. Heating, ventilation,
				air conditioning, or duct equipment replacement, if suitably screened or
				unobtrusive to the structure's original building materials or its aesthetic
				surroundings;
10. Plumbing or
				exhaust vents replacement, if suitably screened or unobtrusive to the
				structure's original building materials or its aesthetic surroundings;
11. In-kind repair or replacement
				of woodwork, metalwork, or other trim;
12. Selective brick pointing or cleaning of
				building exteriors, except by sandblasting, inappropriate chemicals, or other
				abrasive methods;
13. Removal of
				trees not more than 12 inches in diameter, or dead trees of any size with
				qualified arborist report;
14.
				In-kind repair or replacement of sidewalks or parking surfaces;
15. In-kind repair or selective replacement
				of fencing;
16. Other routine,
				minor, and compatible work in conformance with the Secretary of the Interior's
Standards for the Treatment of Historic Properties
.