Current through Register Vol. 51, No. 19, September 20, 2024
A. The Authority may take action specified in
§C of this regulation if the Authority finds that a local jurisdiction
with land area located within a certified heritage area has:
(1) Either acted or failed to act in a manner
that has had a substantial adverse impact upon a significant natural,
recreational, cultural, or historic resource located within the heritage area;
or
(2) Failed to effectively
implement its role under the management plan.
B. Before taking action under §C of this
regulation, the Authority shall:
(1) Provide
written notice to the local jurisdiction that:
(a) Includes the Authority's findings under
§A of this regulation;
(b)
Informs the local jurisdiction of the actions the Authority might take under
§C of this regulation;
(c)
Includes corrective instructions, recommendations, or suggestions as
appropriate; and
(d) Is sent by
copy to the heritage area management entity and each other local jurisdiction
with land area located within the certified heritage area;
(2) Provide the local jurisdiction
60 days to respond in writing to the Authority's notice; and
(3) Either uphold, modify, or rescind the
findings.
C. Upon a
finding against a local jurisdiction under §A of this regulation that the
Authority either upholds or modifies under §B of this regulation, the
Authority may:
(1) Remove from the certified
heritage area the land area of the local jurisdiction that is the subject of
the finding; or
(2) After holding a
public hearing in the certified heritage area, withdraw the Authority's
approval of the management plan for the certified heritage area.
D. If, under §C(1) of this
regulation, the Authority removes a local jurisdiction from a certified
heritage area, the Authority shall:
(1)
Provide written notice of the removal to the heritage area management entity
and each local jurisdiction with land area located within the heritage area;
and
(2) Direct the remaining local
jurisdictions in the certified heritage area to amend the management plan in
accordance with Regulation .05D of this chapter to reflect the revised
boundaries of the certified heritage area resulting from the removal.
E. If, under §C(2) of this
regulation, the Authority withdraws approval of a management plan for a
certified heritage area:
(1) The heritage area
will no longer be designated as a certified heritage area;
(2) The heritage area will return to being
designated as a recognized heritage area; and
(3) The Authority shall:
(a) Report the withdrawal of its approval of
the management plan to the Governor and the General Assembly and include in the
report a statement of the reasons for withdrawal; and
(b) Provide written notice of the withdrawal
of approval to the heritage area management entity and each local jurisdiction
with land area located within the heritage area.
