reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:06 - State register of historic places › Section 24:52:06:13 - National register listing constitutes state register listing

Current through Register Vol. 51, page 10, July 15, 2024
Listing of a property on the national register constitutes listing of that property on the state register. Removal of a property from the national register constitutes removal of that property from the state register.
General Authority:
SDCL  1-19A-5.
Law Implemented:
SDCL  1-19A-5.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:07 - Standards for continued listing on the state register › Section 24:52:07:01 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
The rules in this chapter apply to historic properties listed on the state register or the national register, or both.
General Authority:
SDCL  1-19A-5.
Law Implemented:
SDCL  1-19A-5.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:07 - Standards for continued listing on the state register › Section 24:52:07:02 - National historic preservation methods required

Current through Register Vol. 51, page 10, July 15, 2024
The methods, policies, technical notes, preservation briefs, and guidelines used by the National Park Service of the U.S. Department of the Interior and the Advisory Council on Historical Preservation created by Pub. L. No. 89-665 (October 15, 1966) as amended to December 22, 2006, are the methods to be used to protect state register properties. These methods are published in the Historic Preservation Fund Manual Appendices (2007) and in
The Secretary of the Interior's Standards for the Treatment of Historic Properties
, National Park Service, revised 1995.
General Authority:
SDCL  1-19A-5,  1-19A-11,  1-19A-13.5,  1-19A-27,  1-19A-29.
Law Implemented:
SDCL  1-19A-5,  1-19A-11.1, 1-19A-15.4,  1-19A-17,  1-19A-20 to  1-19A-23,  1-19A-25 to  1-19A-26.
The Secretary of the Interior's Standards for the Treatment of Historic Properties
, revised 1995, and the Historic Preservation Fund Manual Appendices (2007), National Park Service, U.S. Department of the Interior. Copies may be obtained free of charge from the State Historical Preservation Program, 900 Governors Drive, Pierre, SD 57501.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:07 - Standards for continued listing on the state register › Section 24:52:07:05 - Consistency with historical tradition in historic districts

Current through Register Vol. 51, page 10, July 15, 2024
The use of elements as described in §
									24:52:07:04  shall be consistent with the historical development of the historic district and shall be consistent with historical interpretations of the district as defined in a locality's historic preservation plan.
General Authority:
SDCL  1-19A-5,  1-19A-11,  1-19A-29.
Law Implemented:
SDCL  1-19A-5,  1-19A-11.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:08 - Archaeological permits › Section 24:52:08:01 - Archaeological permits

Current through Register Vol. 51, page 10, July 15, 2024
A permit is required for any archaeological survey or excavation conducted on any property owned by the state or its subdivisions or for the exhumation of human burials outside the control of cemetery authorities. Permits are obtained by application to the state archaeologist. Applicants must meet the following criteria:
(1) Either the principal investigator or the person in direct charge of the project, if that is a different individual, must be a fully qualified professional archaeologist; and
(2) A scope of work including schedule, research design, and proposed methodology must accompany the application. The scope of work must be approved by the state archaeologist prior to issuance of the permit.
General Authority:
SDCL  1-20-32,  34-27-30.
Law Implemented:
SDCL  1-20-32,  34-27-26.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:08 - Archaeological permits › Section 24:52:08:02 - Qualified professional archaeologist

Current through Register Vol. 51, page 10, July 15, 2024
A qualified professional archaeologist acting as a principal investigator or the person in direct charge of a project must possess a postgraduate degree in archaeology, anthropology with emphasis in archaeology, or a closely related field plus at least one year of full-time professional experience.
General Authority:
SDCL  1-20-32,  34-27-30.
Law Implemented:
SDCL  1-20-32,  34-27-26.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:09 - Treatment, repatriation, and reburial of human remains › Section 24:52:09:01 - Requirements for exhumation

Current through Register Vol. 51, page 10, July 15, 2024
In cases where a human burial must be exhumed, an archaeological permit must be obtained from the state archaeologist. In addition to the terms for permit issuance in §
									24:52:08:01, the applicant must be able to meet the following criteria:
(1) The necessity for exhumation must be demonstrated, and an explanation of what other options have been considered must be made;
(2) A qualified skeletal analyst must be part of the staff, either in the field or in the laboratory, to assist in identification of the remains.
General Authority:
SDCL  1-20-32,  34-27-26.
Law Implemented:
SDCL  1-20-32,  34-27-26.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:09 - Treatment, repatriation, and reburial of human remains › Section 24:52:09:02 - Qualified skeletal analyst

Current through Register Vol. 51, page 10, July 15, 2024
A qualified skeletal analyst must possess a postgraduate degree in physical anthropology, anthropology with emphasis in physical anthropology, medicine, or a closely related field plus at least one year of full-time professional experience.
General Authority:
SDCL  1-20-32,  34-27-30.
Law Implemented:
SDCL  1-20-32,  34-27-26.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:09 - Treatment, repatriation, and reburial of human remains › Section 24:52:09:03 - Identification and disposition of remains

Current through Register Vol. 51, page 10, July 15, 2024
An attempt must be made to identify human remains found outside the jurisdiction of cemetery or law authorities. Repatriation to a particular tribe may not occur until the remains are identified, either archaeologically, skeletal, or both, as belonging to that tribe. The process to be followed is:
(1) Once a human skeleton has been turned over to the state archaeologist or has been exhumed under permit, it shall be examined by a qualified skeletal analyst in a timely fashion in order to determine its sex, age, and state of health and its racial, cultural, or ethnic affiliation when possible. Records of the analysis must be kept on each individual and included in the report to the state archaeologist;
(2) Once any human remains have been identified as belonging to a modern tribe as a result of the skeletal examination or the historical or archaeological evidence, the state archaeologist shall contact the director of the state Office of History and the tribal representatives designated by the state Office of Indian Affairs to discuss disposition of the remains and any associated burial goods;
(3) If the tribal representatives choose to accept the remains for tribal reinterment, the state archaeologist shall deliver the remains at a time mutually acceptable to the parties involved; and
(4) Those remains which either are not claimed by the tribal representatives or which could not be identified as to tribe shall be reinterred in a cemetery established or designated by the Office of History. Reinterment of remains under the jurisdiction of the state archaeologist shall occur within five years of exhumation except in cases, such as the discovery of mass burials or large numbers of skeletons, where the process of identification will take longer or where the remains are determined by the state archaeologist to be of exceptional scientific importance. In such cases, up to five additional years may be taken before reinterment is required.
General Authority:
SDCL  1-20-32,  34-27-30.
Law Implemented:
SDCL  1-20-32,  34-27-31.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:09 - Treatment, repatriation, and reburial of human remains › Section 24:52:09:04 - Cost of recovery, identification, and reinterment

Current through Register Vol. 51, page 10, July 15, 2024
The state shall bear the cost of recovery, identification, and reinterment of human remains and associated grave goods exposed by natural causes or normal agricultural activities on private property or on lands owned or administered by the state or its subdivisions. In a construction project that exposes human remains, the cost of recovery, identification, and reinterment is the responsibility of the agency or individuals responsible for the project.
General Authority:
SDCL  1-20-32,  34-27-30.
Law Implemented:
SDCL  1-20-24,  1-20-26,  34-27-26,  34-27-30.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:10 - Deadwood historic preservation fund › Section 24:52:10:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in §
									24:52:00:01  have the same meaning in this chapter. In addition, terms used in this chapter mean:
(1) "Allowable costs," preservation fund expenditures meeting the conditions of SDCL  42-7B-5 and  42-7B-46 and this chapter;
(2) "Board," the State Historical Society Board of Trustees created by SDCL  1-18-12.2;
(3) "Deadwood historic preservation plan," the document entitled "Deadwood, South Dakota: Comprehensive Historic Preservation Plan" published March 2001, and its associated document entitled "Deadwood Downtown Design Guidelines" published March 1991 by the Deadwood Historic Preservation Commission, 108 Sherman Street, Deadwood, South Dakota 57732;
(4) "Deadwood preservation commission," the historic preservation commission of the city of Deadwood created under SDCL 1-19B;
(5) "Preservation fund," the historic preservation and restoration fund established for the city of Deadwood in SDCL  42-7B-46.
General Authority:
SDCL  42-7B-4(10),  42-7B-5,  42-7B-46.
Law Implemented:
SDCL  42-7B-46.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:10 - Deadwood historic preservation fund › Section 24:52:10:02 - Purpose of fund expenditures

Current through Register Vol. 51, page 10, July 15, 2024
The Deadwood preservation fund shall be used to conduct a historic preservation and restoration program for the city of Deadwood pursuant to this chapter. The Deadwood historic preservation plan, design guidelines, Deadwood planning and zoning regulations, Deadwood city ordinances, supporting historic preservation in Deadwood shall be considered by the Deadwood preservation commission, the city commission, and the board to decide the allowability of expenditures.
General Authority:
SDCL  42-7B-5,  42-7B-46.
Law Implemented:
SDCL  42-7B-5,  42-7B-46.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:10 - Deadwood historic preservation fund › Section 24:52:10:03 - Professional standards required

Current through Register Vol. 51, page 10, July 15, 2024
The city shall employ persons professionally qualified in the areas of history, historic preservation, archaeology, and architectural history consistent with 36 C.F.R. Part 61, Appendix A - Professional Qualifications Standards (March 9, 1999) and shall assign those persons to manage programs funded by the Deadwood preservation fund.
General Authority:
SDCL  42-7B-5,  42-7B-46.
Law Implemented:
SDCL  42-7B-5,  42-7B-46.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:10 - Deadwood historic preservation fund › Section 24:52:10:04 - National historical preservation standards required

Current through Register Vol. 51, page 10, July 15, 2024
Activities funded with Deadwood preservation funds must be consistent with the provisions of chapter 24:52:07.
General Authority:
SDCL  42-7B-5,  42-7B-46.
Law Implemented:
SDCL  42-7B-5,  42-7B-46.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:10 - Deadwood historic preservation fund › Section 24:52:10:05 - Expenditures to be consistent with SDCL 1-19B

Current through Register Vol. 51, page 10, July 15, 2024
Expenditures of Deadwood preservation funds must be consistent with the provisions of SDCL chapter 1-19 B.
General Authority:
SDCL  42-7B-5,  42-7B-46.
Law Implemented:
SDCL  42-7B-5,  42-7B-46.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:10 - Deadwood historic preservation fund › Section 24:52:10:06 - Expenditures not to damage historic materials without justification

Current through Register Vol. 51, page 10, July 15, 2024
Expenditures from the preservation fund may not support projects which destroy, damage, remove, or alter historic structures, features, or material, including archaeological artifacts or features, associated with the history of Deadwood unless the project is:
(1) Justified under the standards recognized in this chapter;
(2) Conducted by professional historic preservation personnel; and
(3) Consistent with applicable permits, mitigation procedures, and curatorial measures required by statute and rule.
General Authority:
SDCL  42-7B-5,  42-7B-46.
Law Implemented:
SDCL  42-7B-5,  42-7B-46.
Archaeological permits, ch 24:52:08; Presentation of historical property -- Procedures, SDCL  1-19A-11.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:10 - Deadwood historic preservation fund › Section 24:52:10:07 - History of Deadwood to be protected and promoted

Current through Register Vol. 51, page 10, July 15, 2024
Activities assisted by the preservation fund must support, protect, and promote the history of Deadwood and its historical features and qualities and may include activities to gather, store, and disseminate information on the history of Deadwood.
General Authority:
SDCL  42-7B-5,  42-7B-46.
Law Implemented:
SDCL  42-7B-5,  42-7B-46.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:10 - Deadwood historic preservation fund › Section 24:52:10:08 - Allowable costs - Nonconstruction

Current through Register Vol. 51, page 10, July 15, 2024
The following nonconstruction cost categories are allowable expenditures from the preservation fund:
(1) Administrative costs:
(a) Personnel services: Personnel salaries, benefits, and other personnel services expenditures to the extent that they protect, promote, and preserve historic resources consistent with this chapter;
(b) Contractual services: The cost of maintaining office and operational services through contract for functions carried out by preservation personnel;
(c) Travel: Transportation, lodging, per diem, and other costs associated with the travel of preservation personnel and the travel of others in support of historic preservation;
(d) Capital assets: Expenditures for equipment for operations in support of historic preservation activities. If significant periods of use of such equipment are devoted to work not directly benefiting historic preservation, the cost of purchase and operation shall be prorated between historic preservation and other funds;
(e) Supplies and materials: The costs of office supplies used to support preservation personnel;
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:10 - Deadwood historic preservation fund › Section 24:52:10:09 - Allowable costs - Construction

Current through Register Vol. 51, page 10, July 15, 2024
The following construction costs are allowable:
(1) Restoration: Expenditures for restoration, rehabilitation, preservation, reconstruction, and stabilization of historic properties, structures, and features in Deadwood if they are in conformance with the applicable standards;
(2) Public improvements: Public improvements, involving the whole of infrastructure installation, repair, and improvements; public facilities; public fixtures; and recreational installations to the extent that they support, enhance, and protect the historic buildings, sites, properties, and features of Deadwood.
General Authority:
SDCL  42-7B-5,  42-7B-46.
Law Implemented:
SDCL  42-7B-5,  42-7B-46.
National historic preservation methods required, §
											24:52:07:02.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:10 - Deadwood historic preservation fund › Section 24:52:10:10 - Unallowable costs

Current through Register Vol. 51, page 10, July 15, 2024
The following expenditures of Deadwood preservation funds are not allowable:
(1) Activities not meeting the conditions of SDCL  1-19A-11.1 and chapter 24:52:07;
(2) Expenditures for growth management activities which do not protect historic properties;
(3) Lobbying positions which threaten or lead to the deterioration of historic properties;
(4) The support of activities carried out by institutions which threaten the retention of historic property;
(5) Costs of city government not related to allowable cost categories; and
(6) Expenditures not meeting the conditions of §
									24:52:10:09.
General Authority:
SDCL  42-7B-5,  42-7B-46.
Law Implemented:
SDCL  42-7B-5,  42-7B-46.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:10 - Deadwood historic preservation fund › Section 24:52:10:11 - Accounting procedures for Deadwood preservation fund

Current through Register Vol. 51, page 10, July 15, 2024
The city and the Deadwood preservation commission shall include procedures which identify the cost categories in §§
									24:52:10:08  and 24:52:10:09  in the city's accounting system. These cost categories shall appear on all vouchers and on other accounting and reporting documents in a manner consistent with applicable state accounting methods.
General Authority:
SDCL  42-7B-5,  42-7B-46.
Law Implemented:
SDCL  42-7B-5,  42-7B-46.
Accounting manual for political subdivisions, SDCL  4-11-6.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:10 - Deadwood historic preservation fund › Section 24:52:10:12 - Approval for expenditures required

Current through Register Vol. 51, page 10, July 15, 2024
The Deadwood preservation commission shall obtain approval from the board for annual and supplemental budgets containing Deadwood preservation funds. The board shall issue approval if the expenditure is allowable and consistent with SDCL  42-7B-4,  42-7B-5,  42-7B-46, and this chapter. The procedure for approval of expenditures is as follows:
(1) Requests for approval of annual budgets and supplemental budgets and for special approval in subdivision (5) of this section must be in writing and must include justification for line item expenditures including documentation of direct benefit for historic preservation in a format agreed upon by the city and the board;
(2) Except for special approvals allowed in subdivision (5) of this section, board approval of preservation fund budget expenditures must be obtained prior to the approval of the city's annual budget;
(3) The board may approve or deny line items, cost categories, activities, or projects not identified in this chapter;
(4) The board may qualify approvals and set out conditions for the funding and conduct of activities not identified in this chapter or which, in the opinion of the board, may threaten historic qualities in Deadwood;
(5) Special approvals may be given by the board for unexpected emergencies, unanticipated opportunities, or special needs or expenditures not identified in an approved budget but arising throughout the city's fiscal year if those approvals are consistent with this chapter;
(6) The city shall, within 60 days after the close of its fiscal year, submit a comprehensive report to the board on activities, projects, and expenditures made from the Deadwood preservation fund in a format agreed upon by the city and the board.
General Authority:
SDCL  42-7B-5,  42-7B-46.
Law Implemented:
SDCL  42-7B-5,  42-7B-46.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:10 - Deadwood historic preservation fund › Section 24:52:10:13 - Board may delegate approval authority

Current through Register Vol. 51, page 10, July 15, 2024
The board may delegate all or part of its approval authority under this chapter to the Office of History.
General Authority:
SDCL  42-7B-5,  42-7B-46.
Law Implemented:
SDCL  42-7B-5,  42-7B-46.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:10 - Deadwood historic preservation fund › Section 24:52:10:14 - Final decisions on questionable costs

Current through Register Vol. 51, page 10, July 15, 2024
The board shall make final decisions on questionable costs in consultation with the Deadwood preservation commission.
General Authority:
SDCL  42-7B-5,  42-7B-46.
Law Implemented:
SDCL  42-7B-5,  42-7B-46.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:10 - Deadwood historic preservation fund › Section 24:52:10:15 - Loan and grant funds

Current through Register Vol. 51, page 10, July 15, 2024
Activities and projects funded through revolving loan and grant funds shall meet the standards outlined in SDCLchapters 1-19 A and 1-19B and ARSD Article 24:52.
General Authority:
SDCL  42-7B-5,  42-7B-46.
Law Implemented:
SDCL  42-7B-5,  42-7B-46.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:11 - Preservation of government records › Section 24:52:11:01 - Archivist must approve destruction of state records

Current through Register Vol. 51, page 10, July 15, 2024
Any state government agency planning to destroy agency records, as defined in subdivision ( 2) of SDCL  1-18C-1, shall submit a destruction authorization request to the state archivist 30 days before the date of the proposed destruction. The request shall provide the archivist with the following information: name or title of the records, inclusive dates, information content of the records, and quantity. After receiving and considering the authorization request, the archivist shall certify in writing that the records have no permanent value before the agency may destroy the records. If the archivist believes the records have permanent value, they shall be transferred to the archives resource center.
General Authority:
SDCL  1-18C-12.
Law Implemented:
SDCL  1-18C-5,  1-18C-7.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:11 - Preservation of government records › Section 24:52:11:02 - Destruction authorized if archivist fails to act

Current through Register Vol. 51, page 10, July 15, 2024
The agency may destroy the records in question if the archivist fails to act on the request within the allotted 30-day period, provided that the archivist is notified according to §
									24:52:11:01  and that the agency has received a destruction authorization from the Records Destruction Board as required in SDCL  1-27-11.
General Authority:
SDCL  1-18C-12.
Law Implemented:
SDCL  1-18C-5.
Attorney General's Opinion:
Authority of state records destruction board, AGR 69-45.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:11 - Preservation of government records › Section 24:52:11:03 - General applicability of rules - Exceptions

Current through Register Vol. 51, page 10, July 15, 2024
This chapter applies to all state government records, including all records granted exclusive or continuous disposal authorization by the Records Destruction Board prior to adoption of this chapter, but with the specific exception of those records listed in this section. If the agency has received disposal authorization from the Records Destruction Board in compliance with the requirements of SDCL  1-27-11, the agency may destroy the following specific types of records without consulting the archivist: vouchers and supporting documents; warrants; personnel and payroll records; client/case files; capital asset inventories; cash receipts; duplicate copies of state publications; and original copies of records that have been legally reproduced under the provisions of SDCL  1-27-4.
General Authority:
SDCL  1-18C-12.
Law Implemented:
SDCL  1-18C-9.
Public records and files, SDCL 1-27-6 to 1-27-8, inclusive.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:11 - Preservation of government records › Section 24:52:11:04 - Destruction of local government records - Archivist must be notified

Current through Register Vol. 51, page 10, July 15, 2024
Governing bodies or agencies of any county, city, town, township, district, authority, public corporation, or political subdivision planning to destroy local records, as defined in subdivision (1) of SDCL  1-27-9, shall notify the archivist 30 days before the date of the proposed destruction. Notification shall include the name or title of the records, inclusive dates, information content of the records, and quantity. If the archivist believes the records should be preserved, the archivist shall arrange for transfer of the records to the archives or to a suitable public records storage facility. Transfer of the records may be made at the expense of the state archivist. This section applies only to the following types of records: records more than 50 years old; records required by the Records Destruction Board to be kept 50 years or longer; annual reports; maps; minutes; and photographs.
General Authority:
SDCL  1-18C-12.
Law Implemented:
SDCL  1-18C-5,  1-18C-7.
Public records and files, SDCL  1-18C-1(2),  1-27-18,  7-26-3.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:11 - Preservation of government records › Section 24:52:11:05 - Destruction authorized if archivist fails to make recommendation

Current through Register Vol. 51, page 10, July 15, 2024
Local government agencies may destroy the records for which petition to destroy has been made if the archivist does not recommend preserving the records within the allotted 30-day period, the archivist is notified according to §
									24:52:11:04, and the Records Destruction Board has granted exclusive or continuous authorization as required in SDCL  1-27-19.
General Authority:
SDCL  1-18C-12.
Law Implemented:
SDCL  1-18C-5,  1-18C-7.
Destruction or impairment of public record, SDCL  22-11-24.
Disposal of records permitted only as authorized by state law, SDCL  1-27-10.
Records Destruction Board to supervise destruction of records, SDCL  1-27-11.
Records management programs of local governments, SDCL  1-27-18.
Destruction of ballots and pollbooks, SDCL  12-20-31.
Attorney General's Opinions:
County records may only be destroyed in accordance with state law, 1959-60 AGR 319; Authority of state Records Destruction Board, AGR 69-45; Destruction of obsolete municipal bonding records, AGR 72-53; Clerk of courts may destroy original copies of microfilmed records with permission of Records Destruction Board, AGR 74-2; Procedure for destruction of microfilmed records, AGR 76-42.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:12 - Use of permanent paper for certain state agency publications › Section 24:52:12:01 - Types of publications requiring production on permanent paper

Current through Register Vol. 51, page 10, July 15, 2024
Publications which contain information of enduring value for research purposes must be produced on permanent paper, except for copies intended for mass free distribution to the general public. Such publications include:
(1) Legal materials, compilations of judicial decisions, public laws, administrative rules, executive orders, opinions of the attorney general, legislative journals, and published minutes of legislative committees;
(2) Monographs and all publications which report the results of scientific, scholarly, or statistical research;
(3) Proceedings of boards, commissions, and conferences;
(4) Annual or biennial and other substantive reports;
(5) Compilations of statistics;
(6) Journals, periodicals, and newsletters;
(7) Directories;
(8) Handbooks and manuals;
(9) Bibliographies;
(10) Catalogs, including the catalogs of the state universities;
(11) Maps;
(12) Environmental impact statements; and
(13) Other compilations of factual data or reports of research determined by the state archivist to contain information of enduring value.
General Authority:
SDCL  1-18C-5.1.
Law Implemented:
SDCL  1-18C-5.1, 5-23-22.2.
Substitution of microform edition, §
											24:52:12:03.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:12 - Use of permanent paper for certain state agency publications › Section 24:52:12:02 - Form and placement of required notice of use of permanent paper

Current through Register Vol. 51, page 10, July 15, 2024
Publications produced on permanent paper in compliance with the provisions of this chapter must display the following notice: "This publication was produced on acid-neutral or alkaline-based paper which meets or exceeds ANSI standard Z39.48." The notice must appear either in the publications credits section of the publication or in proximity to statements of responsibility for the publication's contents.
General Authority:
SDCL  1-18C-5.1.
Law Implemented:
SDCL  1-18C-5.1, 5-23-22.2.
American National Standard for Information Sciences - Permanence of Paper for Printed Library Materials ANSI Z39.48, 1984 edition, American National Standards Institute. Copies may be obtained from the American National Standards Institute, 11 West 42nd Street, New York, New York 10036. Cost $22.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:12 - Use of permanent paper for certain state agency publications › Section 24:52:12:03 - Substitution of microfilm edition

Current through Register Vol. 51, page 10, July 15, 2024
If an agency obtains written permission from the state archivist prior to publication to substitute a preservation microform edition for publication on permanent paper the agency may publish on less than permanent paper. The microform edition must be produced in compliance with standards for archival quality microforms described in §
									10:04:02:02; a copy of the microform edition must be made available to the state archives for inspection and, when approved, inclusion in the state archives collections; and copies of the microform edition must be made available for sale or distribution to the public.
General Authority:
SDCL  1-18C-5.1.
Law Implemented:
SDCL  1-18C-5.1, 5-23-22.2.
Additional micrographic requirements for long-term records, §
											10:04:02:02.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:13 - Project review › Section 24:52:13:01 - Applications for project review - Requirements

Current through Register Vol. 51, page 10, July 15, 2024
Applicants seeking project review shall, at a minimum, provide the following information:
(1) The name of the applicant;
(2) The name and location of the historic property subject to review;
(3) The statute under which review is requested; and
(4) Any other information requested in writing by the board or office.
General Authority:
SDCL  1-19A-5,  1-19A-11,  1-19A-13.5,  1-19A-27,  1-19A-29.
Law Implemented:
SDCL  1-19A-5,  1-19A-11.1,  1-19A-13.1,  1-19A-20 to  1-19A-23,  1-19A-25 to  1-19A-26.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:13 - Project review › Section 24:52:13:02 - Requests for information

Current through Register Vol. 51, page 10, July 15, 2024
At any time in the course of a project review the board or the office may request information from an applicant necessary for review of the project.
General Authority:
SDCL  1-19A-5,  1-19A-11,  1-19A-13.5,  1-19A-29.
Law Implemented:
SDCL  1-19A-5,  1-19A-29.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:13 - Project review › Section 24:52:13:03 - Project review - Grounds for denial of application

Current through Register Vol. 51, page 10, July 15, 2024
The board and the office shall consider information provided in applications and other information against standards and requirements specified in SDCL chapter 1-19 A and in chapters 24:52:00, 24:52:06, and 24:52:07. The board or the office may deny applications or requests based on the following:
(1) Failure to meet the standards, or rules, or requirements of the board or office in this article or the rules in this chapter;
(2) Failure to provide information requested by the board or the office;
(3) Failure to demonstrate good faith effort to comply with statute or rule.
General Authority:
SDCL  1-19A-5,  1-19A-11,  1-19A-13.5,  1-19A-29.
Law Implemented:
SDCL  1-19A-5,  1-19A-29.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:14 - Historic preservation tax certification › Section 24:52:14:01 - Receipt of tax certification applications - Project reviews

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of an application for tax certification, the office shall conduct a project review pursuant to chapter 24:52:13 and shall do the following:
(1) Determine whether the proposed tax-certified property is listed on the state register or the national register;
(2) Determine whether the rehabilitation work outlined in the application was undertaken during the calendar year in which the application was submitted;
(3) Determine whether the project meets the standards for rehabilitation codified in 36 C.F.R. 67 as of January 1, 1994; and
(4) Notify the applicant of the date, time, and location of the meeting in which the board will consider the application for tax certification at least fourteen days and no more than sixty days before the meeting.
General Authority:
SDCL  1-19A-5,  1-19A-29.
Law Implemented:
SDCL  1-19A-20 to  1-19A-24.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:14 - Historic preservation tax certification › Section 24:52:14:02 - Approval or denial of tax certifications - Deadline

Current through Register Vol. 51, page 10, July 15, 2024
The board shall approve or deny applications for tax certifications no later than the end of the calendar year in which the application is submitted.
General Authority:
SDCL  1-19A-5,  1-19A-29.
Law Implemented:
SDCL  1-19A-20 to  1-19A-24.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:14 - Historic preservation tax certification › Section 24:52:14:03 - Procedures for issuing tax certifications

Current through Register Vol. 51, page 10, July 15, 2024
The board shall certify in writing that a property meets the requirements for historic preservation in this article for the purpose of the tax moratorium in SDCL  1-19A-20. The office shall send the certificate to the county assessor within 60 days after receipt. A tax certification takes effect on January 1 of the year in which the application is approved.
General Authority:
SDCL  1-19A-5,  1-19A-29.
Law Implemented:
SDCL  1-19A-20 to  1-19A-24.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:14 - Historic preservation tax certification › Section 24:52:14:04 - Contents of tax certificate

Current through Register Vol. 51, page 10, July 15, 2024
A tax certificate shall contain, at a minimum, the following information:
(1) The name of the tax-certified property;
(2) The location of the tax-certified property;
(3) The date of tax certification by the board;
(4) The effective dates of the tax moratorium on the tax-certified property;
(5) A list of work items which are subject to the moratorium; and
(6) The signature of the president of the board or the president's designee.
General Authority:
SDCL  1-19A-5,  1-19A-29.
Law Implemented:
SDCL  1-19A-20 to  1-19A-24.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:14 - Historic preservation tax certification › Section 24:52:14:05 - Filing of tax certificate by county assessor - Assessment of tax-certified property

Current through Register Vol. 51, page 10, July 15, 2024
The office shall file the tax certificate with the county assessor within sixty days after board approval. A tax certificate is proof of completed restoration or rehabilitation work, and the county may not consider the increase in value of certified property resulting from that work in assessing the value of the property for the purposes of taxation.
General Authority:
SDCL  1-19A-5,  1-19A-29.
Law Implemented:
SDCL  1-19A-20 to  1-19A-24.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:14 - Historic preservation tax certification › Section 24:52:14:06 - Filing of restrictive covenants

Current through Register Vol. 51, page 10, July 15, 2024
Within 30 days after receipt of the tax certification, the owner shall file a restrictive covenant with the register of deeds in the county in which the certified property is located and provide proof of filing to the office. The covenant runs with the land, is effective on the date filed, and remains in effect until the expiration of the moratorium.
General Authority:
SDCL  1-19A-5,  1-19A-29.
Law Implemented:
SDCL  1-19A-20 to  1-19A-24.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:14 - Historic preservation tax certification › Section 24:52:14:07 - Violation of covenants - Board notification

Current through Register Vol. 51, page 10, July 15, 2024
Within 60 days after being notified in writing that a covenant has been violated, the office or board shall initiate a project review. The board shall issue a determination within 180 days as to whether there has been an adverse effect on the tax-certified property. The board shall notify the owner of record of the tax-certified property of its determination within 30 days after issuance. The owner must provide any information and document requested in writing by the office or board that is relevant to the investigation.
General Authority:
SDCL  1-19A-5,  1-19A-29.
Law Implemented:
SDCL  1-19A-20 to  1-19A-24.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:14 - Historic preservation tax certification › Section 24:52:14:08 - Cancellation of tax certificate

Current through Register Vol. 51, page 10, July 15, 2024
Within 90 days after notifying the owner of record of a tax-certified property that the board has determined there has been an adverse effect on the property, the board shall act to cancel the tax certificate in accordance with SDCL  1-19A-22.
General Authority:
SDCL  1-19A-5,  1-19A-29.
Law Implemented:
SDCL  1-19A-20 to  1-19A-24.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:14 - Historic preservation tax certification › Section 24:52:14:09 - Notice to county assessor

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  1-19A-5,  1-19A-29.
Law Implemented:
SDCL  1-19A-20 to  1-19A-24.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:15 - Historic preservation grants and loans › Section 24:52:15:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "The fund," the historical preservation loan and grant fund created by SDCL  1-19A-13.1;
(2) "Development," the restoration, rehabilitation, interpretation, or improvement of historic property for educational or economic purposes, or both.
General Authority:
SDCL  1-19A-5,  1-19A-13.5,  1-19A-29.
Law Implemented:
SDCL  1-19A-13 to  1-19A-13.3.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:15 - Historic preservation grants and loans › Section 24:52:15:02 - Names of subfunds

Current through Register Vol. 51, page 10, July 15, 2024
The name of the portion of the fund derived from SDCL  42-7B-48 is "the State Historical Society's Deadwood fund." The name of the portion of the fund derived from sources other than SDCL  42-7B-48 is "the State Historical Society's historic preservation fund."
General Authority:
SDCL  1-19A-5,  1-19A-13.5,  1-19A-29.
Law Implemented:
SDCL  1-19A-13 to  1-19A-13.3.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:15 - Historic preservation grants and loans › Section 24:52:15:03 - Application for loan or grant - Project review

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of an application for a loan or grant from the fund, the board shall conduct a project review which shall, at a minimum, examine the following:
(1) Whether the proposed project benefits properties listed on the national register or properties eligible for the national register for which the applicant agrees to submit a national register nomination within one year;
(2) Whether the project meets the standards of the board in §
									24:52:07:02;
(3) Whether the applicant demonstrates that the property will have an on-going use;
(4) Whether the applicant provides assurances of the ability to maintain the property;
(5) Whether the applicant agrees to a restrictive covenant;
(6) Whether the applicant agrees to post a sign stating that funding for the project came from the Deadwood Fund;
(7) Whether the applicant provides dollar for dollar matching funds;
(8) Whether the project is either a new project or a new phase of a project that will not start until after the award is announced; and
(9) The applicant is highly recommended to be a member of the South Dakota State Historical Society and the Historic South Dakota Foundation.
General Authority:
SDCL  1-19A-5,  1-19A-13.5,  1-19A-29.
Law Implemented:
SDCL  1-19A-13 to  1-19A-13.3.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:15 - Historic preservation grants and loans › Section 24:52:15:04 - National historic preservation methods required

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the criteria in SDCL  1-19A-13 to  1-19A-13.3, projects approved to receive loans or grants from the fund must be in conformance with the national historic preservation methods in §
									24:52:07:02.
General Authority:
SDCL  1-19A-5,  1-19A-13.5,  1-19A-29.
Law Implemented:
SDCL  1-19A-13 to  1-19A-13.3.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:15 - Historic preservation grants and loans › Section 24:52:15:05 - Priorities for distributions from fund

Current through Register Vol. 51, page 10, July 15, 2024
The board shall grant priority for distribution of the fund to the following:
(1) Properties not eligible for federal or state incentive programs;
(2) Applications documenting more than the dollar-for-dollar match;
(3) Endangered historic properties;
(4) Properties receiving on-going maintenance and whose current state of repair is not the result of neglect;
(5) Projects focusing on or related to minority or ethnic groups, especially American Indians;
(6) Projects that will substantially benefit historical preservation in South Dakota;
(7) Applications that are clear, concise, and complete, with a detailed budget;
(8) Projects with preservation assistance provided by qualified personnel; and
(9) Projects that will substantially benefit the general public and show documented public support.
General Authority:
SDCL  1-19A-5,  1-19A-13.5,  1-19A-29.
Law Implemented:
SDCL  1-19A-13 to  1-19A-13.3.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:15 - Historic preservation grants and loans › Section 24:52:15:06 - Distributions from fund

Current through Register Vol. 51, page 10, July 15, 2024
The board shall consider applications biannually following a public announcement that grants or loans will be made from the fund.
General Authority:
SDCL  1-19A-5,  1-19A-13.5,  1-19A-29.
Law Implemented:
SDCL  1-19A-13 to  1-19A-13.3.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:15 - Historic preservation grants and loans › Section 24:52:15:07 - Announcement of award

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  1-19A-5,  1-19A-13.5,  1-19A-29.
Law Implemented:
SDCL  1-19A-13 to  1-19A-13.3.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:15 - Historic preservation grants and loans › Section 24:52:15:08 - Restrictive covenant

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of an award from the fund the applicant shall sign a restrictive covenant running with the property which states that the property must be maintained in a manner that preserves its restored portions and that all work performed on the property within the eight-year covenant period must meet the standards of the board in §
									24:52:07:02. The applicant shall file the covenant with the register of deeds in the county in which the property is located and provide proof of filing to the office before the office will disburse any loan or grant payments.
General Authority:
SDCL  1-19A-5,  1-19A-13.5,  1-19A-29.
Law Implemented:
SDCL  1-19A-13 to  1-19A-13.3.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:16 - Heritage area designation › Section 24:52:16:01 - Application procedures for heritage areas

Current through Register Vol. 51, page 10, July 15, 2024
The board shall review applications for heritage area designations as they are submitted to the board. Applications must address the items identified in SDCL  1-19A-26 and must be submitted by a local governing body or an organization sponsored by local governing bodies.
General Authority:
SDCL  1-19A-27.
Law Implemented:
SDCL  1-19A-25 to  1-19A-28.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:16 - Heritage area designation › Section 24:52:16:02 - Natural and scenic criteria

Current through Register Vol. 51, page 10, July 15, 2024
Land areas recognized by state or national conservation organizations as having outstanding or exceptional natural or scenic qualities qualify for inclusion in heritage areas.
General Authority:
SDCL  1-19A-27.
Law Implemented:
SDCL  1-19A-25 to  1-19A-28.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:52 - School accreditation › Chapter 24:52:16 - Heritage area designation › Section 24:52:16:03 - Management of heritage areas

Current through Register Vol. 51, page 10, July 15, 2024
The following must be involved in the management of a heritage area and contribute to its continuance:
(1) Local governments;
(2) Local commercial organizations;
(3) Nonprofit and civic organizations; and
(4) Business and individuals.
General Authority:
SDCL  1-19A-27.
Law Implemented:
SDCL  1-19A-25 to  1-19A-28.