Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 10 - General Procedures › Subchapter 00 - N/A › Part 1 - Procedures for Registration and Protection of Historic Properties › Section 530-RICR-10-00-1.2 - Definitions

Current through June 14, 2024
A. As used in these rules and regulations:
1. "Advisory" means the written statement of
				 the Commission's comments and recommendations regarding an undertaking's effect
				 on an historic property. When an undertaking may affect archaeological
				 resources, the Commission may require an antiquities permit.
2. "Agency" means the agency, department, or
				 instrumentality of State government, a city or town, which is responsible for
				 the undertaking or which has custody or jurisdiction over the historic
				 property.
3. "Agency official"
				 means the individual who is authorized to act on behalf of the
				 agency.
4. "Antiquities Act" means
				 R.I. Gen. Laws Chapter 42-45.1.
5.
				 "Antiquities permit" means the certificate issued by the Commission to a
				 qualified individual which authorizes excavation, curation, storage, use, or
				 display of archaeological specimens or artifacts.
6. "Applicant" means the public or private
				 individual or entity whose proposal is the subject of an undertaking or who
				 seeks an antiquities permit.
7.
				 "Area of the undertaking's potential effects" means the geographic area within
				 which an undertaking may reasonably be expected to cause changes in the
				 character or use of historic properties, if any such properties exist. The
				 boundaries of such area should be determined by the agency official and the
				 Executive Director as early as possible in the planning of the
				 undertaking.
8. "Chairman" means
				 the Chairman of the Commission, as authorized by the R.I. Gen. Laws §
											42-45-3,
				 or a designee authorized to act for the Chairman.
9. "Commission" means the Rhode Island
				 Historical Preservation & Heritage Commission as established by R.I. Gen.
				 Laws §
											42-45-1, et
				 seq.
10. "Executive Director"
				 means the Executive Director of the Commission as appointed pursuant to R.I.
				 Gen. Laws §
											42-45-8,
				 or a designee authorized to act for the Executive Director.
11. "Historic property" means:
a. any districts, sites, buildings,
				 structures, or objects listed in the State Register and properties the
				 Commission may determine to meet the criteria for registration.
b. any buildings, sites, objects or artifacts
				 of historical, architectural, or archaeological interest listed in the catalog
				 of state-owned historic properties; or
c. any archaeological resource, including
				 specimens, sites, and underwater resources subject to Commission permits or
				 advisories pursuant to the R.I. Gen. Laws §
												42-45.1-1 et seq.
12. "Indian
				 lands" means all lands under the jurisdiction or control of an Indian
				 tribe.
13. "Indian tribe" means the
				 governing body of any Indian tribe, band, nation, or other group that is
				 recognized as an Indian tribe by the Secretary of the Interior or for which the
				 United States holds land in trust or restricted status for that entity or its
				 members.
14. "Interested parties"
				 means any individual or organization that is concerned with the effects of an
				 undertaking on historic properties.
15. "Rhode Island Historic Preservation Act"
				 means R.I. Gen. Laws Chapter 42-45.
16. "State register" means any district,
				 site, building, structure, or object listed in the register compiled by the
				 Commission in accordance with R.I. Gen. Laws §
											42-45-5(a) and
				 (b).
17. "State register criteria" means the
				 criteria established by the Commission for use in evaluating the eligibility of
				 properties for the State Register.
18. "Undertaking" means any action which may
				 affect an historic property which is:
a.
				 proposed, authorized, licensed, sanctioned, carried out or funded by the state
				 or any instrumentality or sub-division of state government; or
b. funded by a city or town; or
c. involves an historic property owned, in
				 part or in whole, by the state, a city or town; or
d. involves archaeological excavation on
				 lands or under waters owned or controlled by the State, its agencies or
				 political subdivisions or on any historic or archaeological properties listed
				 on the State register or designated as a State Archaeological Landmark as well
				 as the curation, storage, use or display of archaeological specimens or
				 artifacts recovered from lands or under waters owned or under the jurisdiction
				 of the state.