reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 117 - REAL ESTATE APPRAISAL BOARD › Article 7 - FEES › Section 117-7-1 - Fees

Current through Register Vol. 43, No. 28, July 11, 2024
The following fees shall be submitted to the board:
(a) For application for certification or
			 licensure, the fee shall be $50.
(b) For original certification or licensure,
			 the fee shall be $225.
(c) For
			 renewal of a certificate or license, the fee shall be $200.
(d) For late renewal of a certificate or
			 license, the fee shall be the amount specified in subsection (c) and an
			 additional $50.
(e) Except as
			 provided in subsection (h), for approval of a course of instruction to meet any
			 portion of the education requirements of   K.A.R. 117-2-1,  117-3-1, or  117-4-1,
			  the fee shall be $100.
(f) Except
			 as provided in subsection (h), for approval of a course of instruction to meet
			 the continuing education requirements of   K.A.R. 117-6-1,  the fee shall be
			 $50.
(g) Except as provided in
			 subsection (h), for renewal of any course of instruction, the fee shall be
			 $25.
(h) For approval or renewal of
			 any course of instruction that is endorsed by the appraiser qualifications
			 board, the fee shall be $10.
(i)
			 For reinstatement of an inactive certificate or license, the fee shall be
			 $50.
Kansas Administrative Regulations › Agency 117 - REAL ESTATE APPRAISAL BOARD › Article 8 - UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE › Section 117-8-2 - Confidentiality provisions

Current through Register Vol. 43, No. 28, July 11, 2024
An appraiser shall not be considered to violate the provision
				of the uniform standards of professional appraisal practice that requires an
				appraiser to protect the confidential nature of the appraiser-client
				relationship, if the appraiser discloses confidential factual data obtained
				from a client or the results of an assignment prepared for the client to any of
				the following:
(a) The client and
			 persons specifically authorized by the client;
(b) any third parties that may be authorized
			 by due process of law;
(c) a duly
			 authorized professional peer review committee; or
(d) the board in relation to a complaint made
			 against another appraiser.
Kansas Administrative Regulations › Agency 117 - REAL ESTATE APPRAISAL BOARD › Article 8 - UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE › Section 117-8-3 - "Uniform standards of professional appraisal practice"; adoption by reference

Current through Register Vol. 43, No. 28, July 11, 2024
The 2020-2021 edition of the "uniform standards of professional
				appraisal practice," as published by the appraisal standards board of the
				appraisal foundation and effective January 1, 2020, is hereby adopted by
				reference, except for the following:
(a) All materials before page 1;
			 and
(b) standards 7, 8, 9, and
			 10.
Kansas Administrative Regulations › Agency 117 - REAL ESTATE APPRAISAL BOARD › Article 9 - TEMPORARY PRACTICE › Section 117-9-1 - Temporary practice

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any appraiser
			 from another state who is licensed or certified by the appraiser licensing or
			 certifying agency in that or any other state may register to receive temporary
			 licensing or certification privileges in this state, if the appraiser is in
			 good standing with each agency, by performing the follow-ing:
(1) Paying a $50 fee; and
(2) filing with the board a registration form
			 obtained from the board.
Kansas Administrative Regulations › Agency 117 - REAL ESTATE APPRAISAL BOARD › Article 10 - INACTIVE STATUS › Section 117-10-1 - Reinstatement of certificate or license to active status; continuing education

Current through Register Vol. 43, No. 28, July 11, 2024
The holder of a certificate or license that has been on
				inactive status for less than two years, upon request for reinstatement, shall
				submit evidence satisfactory to the board of completion of all continuing
				education requirements as specified in
				K.A.R.
				117-6-1.
Kansas Administrative Regulations › Agency 117 - REAL ESTATE APPRAISAL BOARD › Article 20 - APPRAISAL MANAGEMENT COMPANY REGISTRATION › Section 117-20-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
Each of the following terms used in this article shall have the
				meaning specified in this regulation, in addition to the terms defined in L.
				2012, ch. 93, sec. 3 and amendments thereto:
(a) "Applicant" means an appraisal management
			 company seeking registration.
(b)
			 "Good moral character" shall include the qualities of good judgment, honesty,
			 fairness, responsibility, credibility, reliability, self-discipline,
			 self-evaluation, initiative, trustworthiness, integrity, respect for and
			 obedience to the laws of the state and nation, and respect for the rights of
			 others and for the judicial process.
(c) "Good standing" has the meaning specified
			 in K.A.R. 117-1-1.
(d) "Oversee an
			 appraiser panel" means to supervise or manage an appraiser panel.
Kansas Administrative Regulations › Agency 117 - REAL ESTATE APPRAISAL BOARD › Article 20 - APPRAISAL MANAGEMENT COMPANY REGISTRATION › Section 117-20-2 - Registration

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 controlling person shall submit the application forms prescribed by the board
			 with the fees specified in K.A.R. 117-20-4.
(b) Each application shall be supported by a
			 separate form for the controlling person and for each owner of more than 10
			 percent of the applicant.
(1) Each owner of
			 more than 10 percent of the applicant shall submit that individual's
			 fingerprints and the fee specified in K.A.R. 117-20-4 in the manner prescribed
			 by the board for a state and national criminal history record check. The
			 individual shall not be fingerprinted more than 120 days before submitting the
			 application for initial registration.
(2) The controlling person of the applicant
			 shall submit that individual's fingerprints and the fee specified in K.A.R.
			 117-20-4 in the manner prescribed by the board for a state and national
			 criminal history record check. The individual shall not be fingerprinted more
			 than 120 days before submitting the application for initial
			 registration.
Kansas Administrative Regulations › Agency 117 - REAL ESTATE APPRAISAL BOARD › Article 20 - APPRAISAL MANAGEMENT COMPANY REGISTRATION › Section 117-20-3 - Registration renewal

Current through Register Vol. 43, No. 28, July 11, 2024
To renew an AMC's registration, the controlling person of the
				AMC with a current, valid registration shall submit an application for renewal
				on forms provided by the board and pay the fees specified in
				K.A.R.
				117-20-4.
Kansas Administrative Regulations › Agency 117 - REAL ESTATE APPRAISAL BOARD › Article 20 - APPRAISAL MANAGEMENT COMPANY REGISTRATION › Section 117-20-4 - Fees

Current through Register Vol. 43, No. 28, July 11, 2024
The following fees shall be collected by the board:
(a) For initial registration,
			 $1,500;
(b) for registration
			 renewal, $1,100;
(c) for late
			 registration renewal, the amount specified in subsection (b) and an additional
			 $100;
(d) for processing
			 fingerprints and a criminal history record check, $50; and
(e) for initial registration and for
			 registration renewal, the Appraisal Management Company (AMC) federal registry
			 fee in any amount assessed by the appraisal subcommittee of the federal
			 financial institutions examination council for all AMCs holding a
			 registration.
Kansas Administrative Regulations › Agency 117 - REAL ESTATE APPRAISAL BOARD › Article 20 - APPRAISAL MANAGEMENT COMPANY REGISTRATION › Section 117-20-5 - Certificate of registration

Current through Register Vol. 43, No. 28, July 11, 2024
Each certificate of registration shall show on its face in
				clear and concise language the following information:
(a) The legal name of the AMC;
(b) the certificate of registration
			 number;
(c) the date of
			 issuance;
(d) the date of
			 expiration; and
(e) the signature
			 or facsimile signature of the chairperson of the board.
Kansas Administrative Regulations › Agency 117 - REAL ESTATE APPRAISAL BOARD › Article 20 - APPRAISAL MANAGEMENT COMPANY REGISTRATION › Section 117-20-6 - Change of information

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 holder of a registration, controlling person, and owner of more than 10 percent
			 of an AMC shall submit written notice to the board of each change to any of the
			 information required by
			 L.
			 2012, ch. 93,
			 sec.
			 4, and amendments thereto, within 10 days of
			 the change.
(b) Each holder of a
			 registration shall report each change of the controlling person or an owner of
			 more than 10 percent of an AMC within 10 days of the change.
Kansas Administrative Regulations › Agency 117 - REAL ESTATE APPRAISAL BOARD › Article 20 - APPRAISAL MANAGEMENT COMPANY REGISTRATION › Section 117-20-7 - Certification of annual review

Current through Register Vol. 43, No. 28, July 11, 2024
The controlling person of each AMC applying for an initial
				registration or registration renewal shall certify that the AMC performed an
				appraisal review on at least five percent of all appraisal reports submitted by
				appraisers performing real estate appraisal services for the AMC within Kansas
				on an annual basis.
Kansas Administrative Regulations › Agency 118 - STATE HISTORICAL SOCIETY › Article 1 - KANSAS STATE HISTORICAL SOCIETY DEACCESSIONING ACT › Section 118-1-1 - Removal of property from the collection holdings of the state historical society

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Disposition of certain holdings in the state archives that is regulated by K.S.A. 75-3501  et seq., and K.S.A. 45-401  et seq., and amendments thereto, shall not be subject to these regulations.
(b) The disposition of unassociated funerary objects, sacred objects, and objects of cultural patrimony, as defined in 43 CFR Part 10, as amended on January 13, 1997, shall not be subject to these regulations.
(c) Definitions.
(1) "Collection holdings or properties" means historical materials, including architectural drawings, artworks, artifacts, audiovisual materials, books, computer tapes or discs, governmental records, manuscripts, maps, newspapers, pamphlets, periodicals, photographs, and other tangible objects held for public use by the state historical society as the trustee of the state.
(2) "Deaccession" means to formally remove property from the state historical society collection holdings by following established professional procedures.
(3) "Deed of gift or accession record" means the legal document describing the property and transferring the title for that property to the state historical society.
(4) "Disposition" means the transfer or termination of title to and physical custody of property removed from the state historical society collection holdings.
(5) "Documentation" means recorded information held by the society pertaining to the property, including its history, condition, changes in ownership or custody, use in research or education, and disposition.
(6) "Donation" means the surrender of physical possession and title to property for which no compensation, monetary or otherwise, is received.
(7) "Historical material" means tangible property that has historical or scientific value or significance to researchers or the general public.
(8) "Professional procedures" means those procedures utilized by the state historical society staff based on professional training and experience that are considered ethical, legal, and responsible and that are generally accepted by other professionals in that field.
Kansas Administrative Regulations › Agency 118 - STATE HISTORICAL SOCIETY › Article 1 - KANSAS STATE HISTORICAL SOCIETY DEACCESSIONING ACT › Section 118-1-2 - Review committee

Current through Register Vol. 43, No. 28, July 11, 2024
A committee shall review the property being considered for removal from the collection holdings of the society. This committee shall be known as the deaccession review committee.
(a) The deaccession review committee shall consist of the following professionals who are not society staff members:
(1) One archivist;
(2) one historian;
(3) one archeologist;
(4) one museum professional;
(5) one librarian; and
(6) one genealogist.
Kansas Administrative Regulations › Agency 118 - STATE HISTORICAL SOCIETY › Article 1 - KANSAS STATE HISTORICAL SOCIETY DEACCESSIONING ACT › Section 118-1-3 - Types of property

Current through Register Vol. 43, No. 28, July 11, 2024
Property to be considered for removal from the society's collection holdings shall be defined as follows.
(a) "Duplicate properties" means two or more tangible objects of the collection holdings that are identical or nearly identical in physical characteristics or informational content and that are deemed by established professional standards and institutional needs and programs to be of limited value or use due to that duplication.
(b) "Property outside of the society's scope of collections" means any property that does not fall into subject areas for research, reference, and other educational purposes as outlined by K.S.A. 75-2701, K.S.A. 75-2702, K.S.A. 75-2703, K.S.A. 75-2704, and amendments thereto, and the mission statement adopted by the state historical society.
(c) "Property with insufficient research, educational, or exhibit value" means property that meets either of the following criteria:
(1) Lacks sufficient background information to be of use; or
(2)
(A) through accident, vandalism, natural disaster, or deterioration because of age, environment, or inherent vice, has become embrittled, discolored, or misshapen beyond being useful for research, reference, or other educational pur-poses;
(B) cannot be repaired or conserved through reasonable expenditures of time, materials, and money; and
(C) is considered to be damaged or deteriorated property.
Kansas Administrative Regulations › Agency 118 - STATE HISTORICAL SOCIETY › Article 1 - KANSAS STATE HISTORICAL SOCIETY DEACCESSIONING ACT › Section 118-1-4 - Procedures for removal of property from the society collection holdings

Current through Register Vol. 43, No. 28, July 11, 2024
The manner of disposition of property from society collections holdings shall be in the best interests of the state historical society and the public that it serves and represents in owning the property. Property to be considered for removal from collection holdings shall undergo the following procedures.
(a)
(1) Documentation relating to the property being considered for removal shall be assembled by the society staff member responsible for the property. This documentation may include deeds of gift or accession records, contracts, photographs, signed authorizations, correspondence, or advertisements.
(2) Clear title to the property shall be established by the staff member responsible for the property, subject to the provisions of K.S.A. 58-4001  through 58-4013, and amendments thereto. For manuscript materials and images of artworks, this may apply to the tangible property rights only.
(3) Property for which the donor has taken a charitable donation tax deduction shall not be removed by the society from collection holdings except in accordance with federal tax law and regulations, unless the property presents a clear and present hazard to society staff, patrons, visitors, volunteers, collection holdings, or physical plant.
(4) In the course of normal processing of collections, duplicates and extraneous materials may be removed and shall be exempt from deaccessioning procedures.
Kansas Administrative Regulations › Agency 118 - STATE HISTORICAL SOCIETY › Article 2 - REMOVAL OF HUMAN REMAINS AND ASSOCIATED BURIAL GOODS FROM THE KANSAS STATE HISTORICAL SOCIETY COLLECTIONS ACT › Section 118-2-1 - Removal of human skeletal remains from the collection holdings of the state historical society

Current through Register Vol. 43, No. 28, July 11, 2024
(a) As used in this rule and regulation:
(1) "Property," as defined in K.S.A. 1991 Supp. 75-2701, shall not include human skeletal remains and associated burial goods.
(2) Human skeletal remains and associated burial goods shall be disposed of according to the provisions of K.S.A. 75-2741  through 75-2754.
(3) Nothing in this regulation shall be read to exempt these human remains and associated burial goods from the provisions of or procedures set forth in K.S.A. 75-2748(b).
Kansas Administrative Regulations › Agency 118 - STATE HISTORICAL SOCIETY › Article 3 - REVIEW OF PROJECTS AFFECTING HISTORIC PROPERTIES AND THEIR ENVIRONS › Section 118-3-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
For the purposes of Article 3, these terms shall have the following meanings.
(a) "Boundaries of a historic property" means the limits or extent of a geographic area included in the state or national registers of historic places.
(b) "Character-defining features" means those physical characteristics and elements that indicate the integrity, design, and materials of the listed historic property.
(c) "Demolition" means the partial or complete removal of a building or structure, the components of a building or structure, or the man-made components of the site on which the building or structure is located, including walks, driveways, retaining walls, and fences.
(d) "Environs" means the historic property's associated surroundings and the elements or conditions that serve to characterize a specific place, neighborhood, district, or area, which takes into account all relevant factors, including the follow-ing:
(1) The use of the area;
(2) the significance of the historical property;
(3) the scope of the project;
(4) surrounding buildings, structures, and foliage; and
(5) the topography of the surrounding area.
A project need not be adjacent to a historic property for it to be in the historic property's environs.
Kansas Administrative Regulations › Agency 118 - STATE HISTORICAL SOCIETY › Article 3 - REVIEW OF PROJECTS AFFECTING HISTORIC PROPERTIES AND THEIR ENVIRONS › Section 118-3-2 - Notice of projects directly undertaken by a governmental entity or supported by a governmental entity

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Projects undertaken directly by a governmental entity or projects undertaken by a person but supported by a governmental entity, for which notice shall be given when required by K.S.A. 75-2724(a), and amendments thereto, shall include any of the following:
(1) Exterior or interior projects involving the listed historic property, including any of the following:
(A) Construction of one or more structures;
(B) site improvements;
(C) repair work;
(D) alterations or additions to the listed historic property;
(E) partial or total demolition of any structure on the listed historic property; or
(F) ground-disturbing projects;
Kansas Administrative Regulations › Agency 118 - STATE HISTORICAL SOCIETY › Article 3 - REVIEW OF PROJECTS AFFECTING HISTORIC PROPERTIES AND THEIR ENVIRONS › Section 118-3-3 - Notice of projects involving the issuance of a lease, permit, license, certificate, or other entitlement for use to any person by a governmental entity

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Projects for which a governmental entity issues a lease, permit, license, certificate, or other entitlement for use to any person for which notice shall be given when required by K.S.A. 75-2724(a), and amendments thereto, shall include the following:
(1) Projects directly or indirectly affecting any listed historic building, structure, object, district, or site, including any of the following:
(A) Exterior or interior projects involving the listed historical property, including any of the following:
(i) Construction of one or more structures;
(ii) site improvements;
(iii) repair work;
(iv) alterations or additions to the listed historic property, including signage;
(v) partial or total demolition of any structure on the listed historic property; or
(vi) ground-disturbing projects; or
Kansas Administrative Regulations › Agency 118 - STATE HISTORICAL SOCIETY › Article 3 - REVIEW OF PROJECTS AFFECTING HISTORIC PROPERTIES AND THEIR ENVIRONS › Section 118-3-4 - Content of notice to state historic preservation officer

Current through Register Vol. 43, No. 28, July 11, 2024
Each governmental entity required to give notice to the state historic preservation officer under K.S.A. 75-2724, and amendments thereto, and   K.A.R. 118-3-2  and    K.A.R. 118-3-3,  shall provide notice in accordance with this regulation before undertaking a project.
(a) At a minimum, the following documentation shall be submitted with the initial notification for all projects:
(1) A written transmittal or letter that contains the following elements from the governmental entity:
(A) A request for the state historic preservation officer's comments on the proposed project in accordance with K.S.A. 75-2724, and amendments thereto; and
(B) an identification of the work to be done, the property address, its legal description, and the project contact person;
Kansas Administrative Regulations › Agency 118 - STATE HISTORICAL SOCIETY › Article 3 - REVIEW OF PROJECTS AFFECTING HISTORIC PROPERTIES AND THEIR ENVIRONS › Section 118-3-5 - Notice of revisions or modifications

Current through Register Vol. 43, No. 28, July 11, 2024
After the state historic preservation officer has initiated an investigation of a project, the governmental entity providing notice shall keep the state historic preservation officer informed of any revisions or modifications to the project by forwarding any changes to the proposed project submitted by the project proponent within five working days of receiving them from the project proponent. The governmental entity shall forward the documentation described in   K.A.R. 118-3-4   with this notice.
Kansas Administrative Regulations › Agency 118 - STATE HISTORICAL SOCIETY › Article 3 - REVIEW OF PROJECTS AFFECTING HISTORIC PROPERTIES AND THEIR ENVIRONS › Section 118-3-6 - Notice required before project may proceed

Current through Register Vol. 43, No. 28, July 11, 2024
If the state historic preservation officer determines that a project will encroach upon, damage, or destroy a listed historic property or its environs and if the appropriate governmental entity subsequently makes the findings required under K.S.A. 75-2724, and amendments thereto, to permit a project to proceed, the governmental entity shall notify the state historic preservation officer of the determination by certified mail. The governmental entity shall not issue any permit or authorize the project to begin for five working days after it gives notice of its determination. This notice shall include the following:
(a) A written transmittal or letter from the appropriate governmental entity informing the state historic preservation officer of the findings made by the governmental entity;
(b) a written copy of the minutes of the meeting where the project was discussed; and
(c) a copy of all relevant written information upon which the appropriate unit of government based its decision.
Kansas Administrative Regulations › Agency 118 - STATE HISTORICAL SOCIETY › Article 3 - REVIEW OF PROJECTS AFFECTING HISTORIC PROPERTIES AND THEIR ENVIRONS › Section 118-3-7 - Investigations without notice

Current through Register Vol. 43, No. 28, July 11, 2024
If the state historic preservation officer initiates an investigation of a project that may encroach upon, damage, or destroy the environs of a historic property but for which no notice is required from a governmental entity, notice of the investigation shall be given by the state historic preservation officer to the governmental entity. The investigation shall then proceed as if it were a project for which the governmental entity is obligated to provide notice, and the governmental entity shall provide documentation to the state historic preservation officer. A determination shall be made accordingly by the state historic preservation officer.
Kansas Administrative Regulations › Agency 118 - STATE HISTORICAL SOCIETY › Article 3 - REVIEW OF PROJECTS AFFECTING HISTORIC PROPERTIES AND THEIR ENVIRONS › Section 118-3-8 - Standards and guidelines utilized by the state historic preservation officer

Current through Register Vol. 43, No. 28, July 11, 2024
The following standards and guidelines shall be used by the state historic preservation officer when reviewing projects.
(a) "The secretary of the interior's standards for the treatment of historic properties with guidelines for preserving, rehabilitating, restoring & reconstructing historic buildings," 1995 edition, is adopted by reference as a guide to determine whether or not proposed projects encroach upon, damage, or destroy listed historic properties.
(b) The "treatment of archeological properties: a handbook," endorsed by the advisory council on historic preservation, Washington, D.C., on November 5, 1980, is adopted by reference as a guide for identifying and evaluating archeological sites using the criteria of eligibility for listing sites on the national register of historic places.
(c) The Kansas state historical society's "standards and guidelines for evaluating the effect of projects on environs," 1998 edition, is adopted by reference as a guide to determine whether or not proposed projects encroach upon, damage, or destroy the environs of listed historic properties.
Kansas Administrative Regulations › Agency 118 - STATE HISTORICAL SOCIETY › Article 3 - REVIEW OF PROJECTS AFFECTING HISTORIC PROPERTIES AND THEIR ENVIRONS › Section 118-3-9 - Official response

Current through Register Vol. 43, No. 28, July 11, 2024
An official response shall be provided by the state historic preservation officer within 30 days of receiving notice of a project. Official responses that may be issued by the state historic preservation officer may include any of the following.
(a) The state historic preservation officer is initiating an investigation, and additional information is required.
(b) The project does not encroach upon, damage, or destroy the listed historic property or its environs.
(c) The project does encroach upon, damage, or destroy the listed historic property or its en-virons.
(d) No investigation will be initiated, and the 30-day waiting period is waived.
Kansas Administrative Regulations › Agency 118 - STATE HISTORICAL SOCIETY › Article 3 - REVIEW OF PROJECTS AFFECTING HISTORIC PROPERTIES AND THEIR ENVIRONS › Section 118-3-10 - Initiating an investigation

Current through Register Vol. 43, No. 28, July 11, 2024
"The state historic preservation officer is initiating an investigation, and additional information is required" response may be issued when any of these conditions is met.
(a) The state historic preservation officer has determined that insufficient information was included in the submittal and additional information is necessary to complete the required review.
(b) The project is likely to encroach upon, damage, or destroy the listed historic property or its environs, and the state historic preservation officer desires to suggest alterations to the proposed project so that the proponent can revise the proposal to meet the standards and guidelines set out in K.A.R. 118-3-8.
(c) The state historic preservation officer desires to solicit the advice and recommendations of the historic sites board of review.
(d) The state historic preservation officer directs that a public hearing or hearings be held on a proposed project.
Kansas Administrative Regulations › Agency 118 - STATE HISTORICAL SOCIETY › Article 3 - REVIEW OF PROJECTS AFFECTING HISTORIC PROPERTIES AND THEIR ENVIRONS › Section 118-3-11 - Project does not encroach response

Current through Register Vol. 43, No. 28, July 11, 2024
A "project does not encroach upon, damage, or destroy the listed historic property or its environs" response shall be issued when the state historic preservation officer determines that the proposed project meets the standards and guidelines established in   K.A.R. 118-3-8.
Kansas Administrative Regulations › Agency 118 - STATE HISTORICAL SOCIETY › Article 3 - REVIEW OF PROJECTS AFFECTING HISTORIC PROPERTIES AND THEIR ENVIRONS › Section 118-3-12 - Project does encroach response

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A "project does encroach upon, damage, or destroy the listed historic property or its environs" response shall be issued when the state historic preservation officer determines that the proposed project does not meet the standards and guidelines established in K.A.R. 118-3-8 and the project will encroach upon, damage, or destroy the listed historic property or its environs. The state historic preservation officer's response letter shall state why the project will have an adverse effect, outline the standards and guidelines that are not met, and describe the responsibilities of the appropriate governing body under the state preservation statute.
(b)
(1) A "project does encroach" response may also include "suggestions for approval." If, in the state historic preservation officer's opinion, the project could be revised in order to meet the standards and guidelines, suggested conditions for approval may be indicated in the response.
(2) If the project proponent incorporates the suggestions for approval in a revised proposal, the additional information shall be submitted to the state historic preservation officer and a new response shall be issued, the resolution of which shall depend on the adequacy of the revisions to the project.
Kansas Administrative Regulations › Agency 118 - STATE HISTORICAL SOCIETY › Article 3 - REVIEW OF PROJECTS AFFECTING HISTORIC PROPERTIES AND THEIR ENVIRONS › Section 118-3-13 - Executive review of project

Current through Register Vol. 43, No. 28, July 11, 2024
After a governmental entity notifies the state historic preservation officer that the governing body has complied with K.S.A. 75-2715, et seq., and amendments thereto, and has made the proper findings, the governing body's decision shall be reviewed by the state historic preservation officer within five working days of receipt of notice. The findings of the governing body shall be reviewed by the state historic preservation officer, and determination of whether or not further action is required shall be made by this individual. Acknowledgement that the state historic preservation officer received the governing body's findings shall be provided to the governing body.
Kansas Administrative Regulations › Agency 118 - STATE HISTORICAL SOCIETY › Article 3 - REVIEW OF PROJECTS AFFECTING HISTORIC PROPERTIES AND THEIR ENVIRONS › Section 118-3-15 - Provisions for transfer of authority

Current through Register Vol. 43, No. 28, July 11, 2024
An agreement authorizing any city, county, or state educational institution under the control and supervision of the board of regents to make recommendations or to perform any or all of the review responsibilities of the state historic preservation officer, within the jurisdiction of that city, county, or state educational institution, may be entered into by the state historic preservation officer.
(a) In order to transfer authority to a city or county, a determination shall be made by the state historic preservation officer that the city or county meets each of the following conditions.
(1) It has enacted a comprehensive, local historic preservation ordinance.
(2) It has established a qualified, local historic preservation board or commission.
(3) It is actively engaged in a local historic preservation program.
Kansas Administrative Regulations › Agency 118 - STATE HISTORICAL SOCIETY › Article 3 - REVIEW OF PROJECTS AFFECTING HISTORIC PROPERTIES AND THEIR ENVIRONS › Section 118-3-16 - Transfer of authority agreement

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each agreement between the state historic preservation officer and a city or county shall specify the following information:
(1) The authority delegated;
(2) the standards for project review;
(3) the manner in which decisions are to be reported to the state historic preservation officer;
(4) the conditions under which assistance from the state historic preservation officer can be requested;
(5) an appeal procedure and designation of the governing body with jurisdiction;
(6) an amendment procedure;
(7) the length of time the agreement is valid;
(8) provisions for termination of the agreement; and
(9) the state historic preservation officer's authority under K.S.A. 75-2724(e), and amendments thereto.
Kansas Administrative Regulations › Agency 118 - STATE HISTORICAL SOCIETY › Article 4 - LAND SURVEY REFERENCE REPORTS › Section 118-4-1 - Surveys originating from public land survey corners

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Whenever a survey originates from a United States public land survey corner marker or any related accessory, the land surveyor shall file a reference report, as described in K.A.R. 118-4-3, with the Kansas state historical society and with the county surveyor for the county or counties in which the survey corner exists. "Accessory" means any object positioned above, upon, or near a United States public survey corner for the purpose of facilitating locations when the actual United States public land survey marker is not accessible.
(b) If a survey originates from more than one corner, the land surveyor shall file multiple reference reports.
Kansas Administrative Regulations › Agency 118 - STATE HISTORICAL SOCIETY › Article 4 - LAND SURVEY REFERENCE REPORTS › Section 118-4-2 - Endangered corners

Current through Register Vol. 43, No. 28, July 11, 2024
(a) When it is likely that any activity will occur by which a United States public land survey corner marker or accessory will be altered, removed, or damaged, and when a person qualified to practice land surveying establishes reference points for its restoration, reestablishment, or replacement, the land surveyor shall file a reference report with the Kansas state historical society and with the county surveyor for the county or counties in which the survey corner exists. The land surveyor shall file a separate reference report for each endangered section corner marker.
(b) Upon completion of the activity, the surveyor shall file a restoration report within 30 days identifying the reference report to which it relates and indicating one of the following:
(1) That no damage or alteration has occurred; or
(2) that damage or alteration has occurred and that the corner marker has been restored. The restoration report shall set forth the applicable information required by K.A.R. 118-4-3.
Kansas Administrative Regulations › Agency 118 - STATE HISTORICAL SOCIETY › Article 4 - LAND SURVEY REFERENCE REPORTS › Section 118-4-3 - Reference reports

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The land surveyor shall file reference reports on forms provided or approved by the Kansas state historical society. The land surveyor shall file a separate reference report for each township affected. Each reference report shall include the following information:
(1) The name, license number, seal, signature, and business address of the surveyor responsible for the survey;
(2) the telephone number of the surveyor;
(3) the name or job number reference of the survey;
(4) the date of the survey;
(5) the county, township, range, and section where the corner is located;
(6) the approximate location of the corner within the section, by standard identification;
(7) if known, the datum and the north and east coordinates of the marker; and
(8) descriptions of and measurements to witness corners.
Kansas Administrative Regulations › Agency 118 - STATE HISTORICAL SOCIETY › Article 4 - LAND SURVEY REFERENCE REPORTS › Section 118-4-4 - Fees

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The fee for filing each reference report with the Kansas state historical society, pursuant to K.A.R. 118-4-1 or 118-4-2, shall be $4.00 for each corner to which reference is made.
(b)
(1) The fees for information requests, pursuant to K.S.A. 58-2011  and amendments thereto, shall be as follows:
(A) Requests for copies of reference reports only:
(i) Reports from one, two, or three sections: $10.00; and
(ii) reports from each additional section: $5.00;
Kansas Administrative Regulations › Agency 118 - STATE HISTORICAL SOCIETY › Article 5 - STATE REHABILITATION TAX CREDIT PROGRAM › Section 118-5-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
For the purposes of this article, these terms shall have the following meanings.
(a) "Certification" means the process whereby the reviewing entity determines that a historic structure is a qualified historic structure or that a rehabilitation plan is a qualified rehabilitation plan, or both.
(b) "Qualified expenditures" means any of the following:
(1) For rehabilitation of income-producing properties that qualify for the federal rehabilitation tax credit program, the costs and expenses incurred by a qualified taxpayer, as defined in  L. 2001, ch. 108,  sec. 1   and amendments thereto, in the restoration and preservation of a qualified historic structure pursuant to a qualified rehabilitation plan, which are defined as qualified rehabilitation expenditures by section 47 (c) (2) of the federal internal revenue code as in effect July 1, 2001, and hereby adopted by reference;
(2) for rehabilitation of income-producing properties that do not qualify for the federal rehabilitation tax credit program, the costs and expenses incurred by a qualified taxpayer in the restoration and preservation of a qualified historic structure pursuant to a qualified rehabilitation plan. These expenses shall be deemed to have been incurred when the project is certified by the reviewing entity as a completed qualified rehabilitation; or
(3) for non-income-producing properties, the costs and expenses incurred by a qualified taxpayer in the restoration and preservation of a qualified historic structure pursuant to a qualified rehabilitation plan. These expenses shall be deemed to have been incurred when the project is certified by the reviewing entity as a completed qualified rehabilitation.
Kansas Administrative Regulations › Agency 118 - STATE HISTORICAL SOCIETY › Article 5 - STATE REHABILITATION TAX CREDIT PROGRAM › Section 118-5-2 - Authorizing a local government as a reviewing entity

Current through Register Vol. 43, No. 28, July 11, 2024
An agreement authorizing a city or county to make recommendations and to carry out review procedures under the state rehabilitation tax credit program may be entered into by the state historic preservation officer if the state historic preservation officer determines that the city or county has enacted a comprehensive local historic preservation ordinance, established a local historic preservation board or commission, and is actively engaged in a local historic preservation program. The agreement shall specify the authority delegated to the city or county by the state historic preservation officer, the requirements for those performing the responsibilities, and the manner in which the city or county will report its decisions to the state historic preservation officer.
Kansas Administrative Regulations › Agency 118 - STATE HISTORICAL SOCIETY › Article 5 - STATE REHABILITATION TAX CREDIT PROGRAM › Section 118-5-3 - Certifications

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Before a rehabilitation plan may be certified by the reviewing entity as a qualified rehabilitation plan, the structure shall be certified as a qualified historic structure. Except as otherwise specified in these regulations, part 1 of the rehabilitation certification application shall be used by the reviewing entity to determine whether a structure can be certified as a qualified historic structure.
(b) A qualified rehabilitation plan shall mean a plan that complies with the secretary of the interior's standards for rehabilitation, 36 C. F. R. Part 67, as in effect July 1, 2001, which is hereby adopted by reference except for  36 C.F.R. 67.7  (b) (8). Except as otherwise specified in these regulations, part 2 of the rehabilitation certification application shall be used by the reviewing entity to determine whether the plan for a proposed project involving a qualified historic structure constitutes a qualified rehabilitation plan. Part 3 of the rehabilitation certification application shall be used by the reviewing entity to determine whether the applicant completed the rehabilitation as presented in part 2 of the application, which shall have been previously approved.
Kansas Administrative Regulations › Agency 118 - STATE HISTORICAL SOCIETY › Article 5 - STATE REHABILITATION TAX CREDIT PROGRAM › Section 118-5-4 - Application

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Applicant criteria. Each applicant seeking the state rehabilitation tax credit shall be either the owner or long-term lessee of the property in question. Lessee expenditures shall qualify if the term of the lease is more than the recovery period of the building for depreciation as set forth in IRS regulation 26 C. F. R. 1.48-12(c)(7)(v), as in effect July 1, 2001, and hereby adopted by reference.
(b) Application procedure.
(1) Each application shall be made on forms available from the reviewing entity according to instructions accompanying the application.
(2) Each request for certification shall be sent to the reviewing entity.
(3) Only complete applications shall be reviewed by the reviewing entity.
(4) The review of each submission of a rehabilitation certification application shall be concluded within 30 calendar days of receipt of each complete, adequately documented application. If adequate documentation is not provided, the applicant shall be notified of the additional information needed to undertake or complete the review.
Kansas Administrative Regulations › Agency 118 - STATE HISTORICAL SOCIETY › Article 5 - STATE REHABILITATION TAX CREDIT PROGRAM › Section 118-5-5 - Standards for certifying a qualified historic structure

Current through Register Vol. 43, No. 28, July 11, 2024
The following standards for certifying a qualified historic structure shall be applied by the reviewing entity.
(a) Structures, both income-producing and non-income-producing, for which the federal rehabilitation tax credit is not sought but for which only the state tax credit is sought shall be listed on the national register of historic places or the register of Kansas historic places, or shall be certified as located in and contributing to a district listed on the national register of historic places or the register of Kansas historic places before commencing the project.
(b) Structures that are individually listed on the national register of historic places or the register of Kansas historic places shall be deemed already certified as qualified historic structures. An applicant whose structure is already listed on the register of Kansas historic places or national register of historic places shall not be required to complete part 1 of the application.
(c) An applicant who is also applying for the federal rehabilitation tax credit program shall not be required to complete part 1 of the application process for the state rehabilitation tax credit program.
(d) Structures located within districts listed on the register of Kansas historic places or the national register of historic places, both income-producing and non-income-producing, for which the federal rehabilitation tax credit is not sought but for which only state tax credit is sought shall be certified as qualified historic structures within historic districts as specified in K.A.R. 118-5-6. Each applicant for a project involving one of these structures shall be required to complete part 1 of the application for the state rehabilitation tax credit program.
Kansas Administrative Regulations › Agency 118 - STATE HISTORICAL SOCIETY › Article 5 - STATE REHABILITATION TAX CREDIT PROGRAM › Section 118-5-6 - Standards for certifying a qualified historic structure within a historic district

Current through Register Vol. 43, No. 28, July 11, 2024
Each structure for which certification is sought that is located within a district listed on the register of historic Kansas places or national register of historic places shall be reviewed by the reviewing entity to determine if the structure contributes to the historic significance of the district by applying the following standards for evaluating significance within a registered historic district:
(a) A structure contributing to the historic significance of a district shall be defined as one that by location, design, setting, materials, workmanship, feeling, and association adds to the district's sense of time and place, and historical development.
(b) A structure not contributing to the historic significance of a district shall be defined as either of the following:
(1) One that does not add to the district's sense of time and place, and historical development; or
(2) one in which the location, design, setting, materials, workmanship, feeling, and association have been so altered or are so deteriorated that the overall integrity of the building has been irretrievably lost.
Kansas Administrative Regulations › Agency 118 - STATE HISTORICAL SOCIETY › Article 5 - STATE REHABILITATION TAX CREDIT PROGRAM › Section 118-5-7 - Requirements for certifying a qualified rehabilitation plan

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) For projects on structures, both income-producing and non-income-producing, for which the federal rehabilitation tax credit is not sought but for which only the state tax credit is sought, a qualified rehabilitation plan shall be certified before the applicant commences work on the structure. The applicant shall submit part 2 of the application for the state rehabilitation tax credit.
(2) An applicant who submits part 2 of the federal historic preservation certification application shall not be required to submit part 2 of the application for the state rehabilitation tax credit program.
Kansas Administrative Regulations › Agency 118 - STATE HISTORICAL SOCIETY › Article 5 - STATE REHABILITATION TAX CREDIT PROGRAM › Section 118-5-8 - Rehabilitation project phases

Current through Register Vol. 43, No. 28, July 11, 2024
(a) There shall be no phased projects under the state rehabilitation tax credit program. For purposes of the state rehabilitation tax credit program, each phase of a phased federal rehabilitation tax credit project shall be considered a separate project.
(b) A separate rehabilitation certification application shall be required for each phase of a project that is certified through the federal rehabilitation tax credit program as a phased project. The qualified rehabilitation expenditures for each phase shall equal or exceed $5,000.
Kansas Administrative Regulations › Agency 118 - STATE HISTORICAL SOCIETY › Article 5 - STATE REHABILITATION TAX CREDIT PROGRAM › Section 118-5-9 - Review

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) The owner, or duly authorized representative as appropriate, may appeal any denial of certification made according to this article. Each appeal shall be submitted in writing and received by the division director of the cultural resources division of the Kansas state historical society, within 30 days of the owner's receipt of the decision that is the subject of the appeal. The appellant may request an opportunity for a meeting to discuss the appeal, but all information that the appellant wishes the division director to consider shall be submitted in writing.
(2) The record of the decision in question, any further written submissions by the appellant, and other available information shall be considered by the division director. The appellant shall be provided with a written decision as promptly as circumstances permit.