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 16-3-1.4 - Designation of Mississippi Landmarks

Current through June 25, 2024
The Board may designate publicly owned sites of historical
				  or architectural significance as Mississippi Landmarks with or without the
				  consent of the owner. The Board may designate privately owned sites of
				  historical or architectural significance as Mississippi Landmarks at the
				  written request of the owner.
Archaeological sites that are located in, on or under the
				  surface of any lands belonging to the State of Mississippi or to any county,
				  city, or political subdivision of the state are designated as Mississippi
				  Landmarks. Such sites may not be taken, altered, destroyed salvaged or
				  excavated without a permit from the Board in accordance with Rule
				  1.3.
A.
Criteria for Designation.
Mississippi Landmarks are recognized as the state's
				  historic, architectural, or cultural resources. They are sites, objects,
				  buildings, artifacts, implements, or locations that contribute to illustrating
				  or interpreting the history or culture of the State of Mississippi. In order to
				  eligible for Mississippi Landmark designation, the resource(s) must be listed
				  in or eligible for listing in the National Register of Historic Places (NRHP)
				  in accordance with NRHP
Criteria for Evaluation.
Determinations of eligibility will be made by MDAH staff.
Of those eligible resources, the Board will give priority to
				  properties that are individually listed in or eligible for listing in the NRHP;
				  associated with courthouses or schools; located within Certified Local
				  Government communities; or whose designation is supported by the property owner
				  or local preservation commission. While the Board will give these properties
				  priority, it has the authority to designate any eligible publicly owned
				  property, with or without the consent of the owner.
B.
Designation Process.
When a Mississippi Landmark designation request is made by
				  the property owner or MDAH staff determines that a property is eligible for
				  designation, MDAH staff may prepare a significance report, which includes a
				  statement of significance, resource description, and a list all sites, objects,
				  buildings, artifacts, implements, or locations to be included in the proposed
				  Mississippi Landmark designation.
Consideration.
The Board, in consultation with
				  staff, may place a property under consideration for designation at the next
				  regularly scheduled Board meeting. Once 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 designation may be placed on the Board agenda for action at the next
				  regularly scheduled meeting.
For private properties in which designation must be made by
				  owner request, the Board may elect to proceed with designation without public
				  comment.
Designation.
Upon Board action to designate a
				  property as a Mississippi Landmark, MDAH will inform the property owners in
				  writing and shall prepare and execute a Certification of Mississippi Landmark
				  Designation to be recorded in the deed records of the chancery court of the
				  county in which the property is located.
C.
Removal of Designation
				Process
.
When the removal of designation of a Mississippi Landmark
				  property is proposed, the property 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 removal of designation at
				  the next regularly scheduled Board meeting. Upon Board action to place a
				  designated Mississippi Landmark under consideration for removal of designation,
				  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 removal of designation will be placed on the Board agenda for action
				  at the next regularly scheduled meeting.
Removal of Designation.
Upon Board action to
				  remove the Mississippi Landmark designation from a property, MDAH will inform
				  the property owner in writing and will prepare and execute a Certification of
				  the Removal of Mississippi Landmark Designation to be recorded by the clerk in
				  the deed records of the chancery court of the county in which the property is
				  located.
Miss. Code Ann.
				  §§
										39-7-9,
				  39-7-11,
				  39-7-13(1972).
Miss. Code Ann.
				  §§
										39-7-3,
				  39-7-4,
				  39-7-7,
				  39-7-11,
				  39-1-22(1972).
Miss. Code Ann.
				  §§
										39-7-1,
				  39-7-11(1972).
Miss. Code Ann.
				  §§
										39-7-3,
				  39-7-15(1972).