Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 3 - Historic Preservation Division › Chapter 8 - State of Mississippi Procedures for the Certified Local Government Program › Rule 16-3-8.3 - Requirements for Certification of Local Government Programs in Mississippi

Current through June 25, 2024
The National Historic Preservation Act, as amended (
				  16 U.S.C.
				  470 et seq.), which established the Certified
				  Local Government program, contains five broad standards, all of which must be
				  met by a local government before the local government may be certified and
				  maintained to retain certification. The federal standards, where appropriate,
				  are further defined and amplified below.
A. The local government shall enforce
				appropriate state or local legislation for the designation and protection of
				historic properties as defined in the State of Mississippi Local Government
				Historic Preservation Law, Sections
				39-13-3,
				39-13-5,
				39-13-7,
				and
				39-13-9,
				Mississippi Code of 1972, as amended.
B. The local government shall establish by
				state or local legislation an adequate and qualified historic preservation
				review commission (Commission) composed of professional and lay members.
1. The Commission shall exist as authorized
				under the Mississippi Local Government Historic Preservation Act of 1978 (State
				of Mississippi Local Government Historic Preservation Law, Sections
				39-13-3,
				39-13-5,
				39-13-7,
				and
				39-13-9,
				Mississippi Code of 1972, as amended).
2. The State of Mississippi Local Government
				Historic Preservation Law, Sections
				39-13-3,
				39-13-5,
				39-13-7,
				and
				39-13-9,
				Mississippi Code of 1972, as amended, requires that the Commission consist of
				not fewer than five nor more than nine members, who shall be appointed by the
				governing authority of the county or municipality, or a combination thereof,
				establishing the commission.
3. All
				Commission members shall have a demonstrated interest, competence, knowledge,
				or expertise in historic preservation. To the extent available in the
				community, the local government shall appoint professional members from the
				historic preservation related disciplines of architecture, history,
				architectural history, or archaeology or from such historic preservation
				related disciplines as urban planning, American studies, American civilization,
				cultural geography, cultural anthropology, interior design, law, and related
				fields.
Since the role of the Commission is vital to the
				  implementation of the CLG program, each local government applying for status as
				  a CLG shall provide the following information indicating good faith effort to
				  locate professionals to serve on the Commission. If a documented good faith
				  effort has been made unsuccessfully by the governing authority to locate
				  residents of the county or municipality to serve on the commission, the
				  governing authority may appoint individuals who own property within the
				  boundary of the county or municipality, or both, or are in the service of an
				  employer located within the boundary of the county or municipality, or both
				  if
a. The local government shall run
				at least one public notice in a newspaper in its jurisdiction to solicit
				responses from citizens who are professionals in the Historic Preservation
				related fields of architecture, history, architectural history, or archaeology
				or from historic preservation related disciplines as urban planning, American
				studies, American Civilization, cultural geography, cultural anthropology,
				interior design, law, and related fields and who are interested in serving on
				the Commission. At the same time, the local government may contact such known
				professionals to invite them to submit their qualification for candidacy to the
				Commission. If there are no respondents to the public notice or contact by the
				local government, or if the chosen professional declines the appointment to the
				Commission, the local government may compose its Commission of lay persons. To
				be appointed to the Commission, lay members must have a demonstrated interest,
				competence, knowledge of expertise in historic preservation, which should be
				identified by information provided to the local government which shall include,
				but shall not be limited to: educational and volunteer background, attendance
				at workshops and seminars, and related activities. The local government shall
				decide, with the assistance of the MDAH/SHPO upon request, which lay persons
				should be considered for appointment to the Commission.
b. The local government shall allow three
				weeks (15 working days) for responses. Any respondents shall provide their
				professional qualifications as well as information concerning their
				demonstrated interest, competence, knowledge, or expertise. Such information
				may include, but is not limited to: education and professional background,
				volunteer work, attendance at workshops, seminars, and other experience as
				applicable.
c. When the local
				government has accrued adequate information concerning the qualifications and
				expertise of individuals who have expressed interest in being appointed to the
				Commission, it shall decide, with the assistance of the MDAH/SHPO upon request,
				which individuals, if any, shall be considered for appointment to the
				Commission.
d. Resumes for each
				member of the Historic Preservation Commission, including, where appropriate,
				credentials or member expertise in fields related to historic preservation. As
				noted in Rule 8.3(B) (3), the Commission shall consist of members who have
				demonstrated special interest, experience, knowledge, or expertise in the
				primary historic preservation related disciplines of architecture, history,
				architectural history, or archaeology or from secondary historic preservation
				related disciplines as urban planning, American studies, American civilization,
				cultural geography, cultural anthropology, interior design, law, and related
				fields.
4. The
				commission shall establish its own regular meeting time; however, the first
				meeting shall be held within thirty (30) days of the adoption of a local
				historic preservation ordinance and regular meetings shall be scheduled at
				least once every three (3) months. The chairman or any two (2) members may call
				a special meeting to consider an urgent matter.
5. At least one member of the Commission
				shall attend at least one informational or educational meeting per year. In
				order to meet this requirement, a meeting shall be recognized by MDAH/SHPO as
				providing appropriate training pertaining to the work and functions of the
				Commission or to historic preservation in general. If a commission member(s)
				attends such meeting as delegated representative(s) of the commission, he shall
				then present material from the informational or educational meeting at the next
				regularly scheduled commission meeting.
6. The Commission shall transmit an annual
				report of its activities to the MDAH/SHPO. Such reports shall include, at a
				minimum, the number of case reviews, new designations made, progress on survey
				activities, revised resumes for commission members, attendance records, and
				documentation for the education and informational meeting referred to in Rule
				8.3(B) (5), above. Reports shall be submitted within sixty days after the end
				of the fiscal year for the local government. If the Commission has been
				established during the preceding fiscal year, the report shall reflect that
				portion of the year in which they were established.
7. The Commission shall monitor and report to
				the MDAH/SHPO any activity in the community affecting any property listed on
				the National Register of Historic Places; and
8. Records of proceedings shall be
				transmitted to the MDAH/SHPO at the same time they are transmitted to the
				members of the Commission.