Mississippi Administrative Code
Title 16 - History, Humanities and Arts
Part 3 - Historic Preservation Division
Chapter 12 - Mississippi Standards and Guidelines for Archaeological Investigations
Rule 16-3-12.17.0 - Mississippi Landmark Permits Procedures for Implementation of the Antiquities Law of Mississippi
Current through September 24, 2024
Section 1 - The Board of Trustees
Section 39-7-5 of the Antiquities Law of Mississippi assigns sole responsibility for administration of the Antiquities Law to the Board of Trustees of the Mississippi Department of Archives and History (MDAH). In administering the Antiquities Law, the Board of Trustees has the authority to issue permits for public construction, public improvement of any nature, or the transfer of public property to private ownership of designated Mississippi Landmark properties. The Board also has the authority to designate public properties as Mississippi Landmarks. In administering the Antiquities Law, the Board will consider the recommendations of MDAH staff and written comments from public property owners and members of the public.
Section 2 - Designation of Mississippi Landmarks
Section 39-7-11 designates publicly owned archaeological sites as Mississippi Landmarks and authorizes the Board to designate publicly owned sites of historical or architectural significance as Mississippi Landmarks with or without the consent of the owner(s). Section 39-7-13 authorizes the Board to designate privately owned sites of historical or architectural significance as Mississippi Landmarks with the written consent of the owner(s).
Section 3 - Criteria for Designation
Mississippi Landmarks are recognized as the state's most important historic and cultural resources. They are sites, objects, buildings, artifacts, implements, and locations that possess exceptional value or quality in illustrating or interpreting the history of the State of Mississippi. In considering the designation of potential Mississippi Landmarks, the resource(s) must be listed in or eligible for listing in the National Register of Historic Places (NRHP). Determinations of eligibility shall be based on recommendations by MDAH staff.
Of those eligible resources, the Board will give priority to properties:
* individually listed in or eligible for listing in the NRHP;
* associated with courthouses or schools;
* located within Certified Local Government communities;
* whose designation is supported by the property owner and/or local preservation commission.
While the Board will consider the above priorities for Mississippi Landmark designation, the Board has the authority to designate any eligible publicly owned property, with or without the consent of the owner(s).
For public campuses, including schools, universities, public health facilities and other similar properties, the Board encourages the adoption of Memoranda of Agreement with the governing public agencies to identify individual resources as contributing and non-contributing and to establish priorities for preservation and permit procedures.
Section 4 - Consideration and Designation Process
When a Mississippi Landmark designation request is made by the property owner, MDAH staff shall prepare a significance report developed in accordance with National Register of Historic Places criteria. The report shall include a written statement on the boundaries of the proposed landmark property and shall list all sites, objects, buildings, artifacts, implements, and/or locations to be included in the proposed landmark designation.
If the property meets the criteria for designation, the Board will consider the designation at the next regularly scheduled, quarterly Board meeting. However, if expeditious action is required for contractual, security, or economic reasons, the Board may place the consideration on the agenda of the next regularly scheduled monthly teleconference.
Upon consideration of a public property for designation, MDAH shall solicit written, public comments for a period of at least thirty days following publication of a legal notice. Legal notice of the proposed designation shall be published in the newspaper of record associated with the local property and on the MDAH website. Proof of publication shall be provided prior to action by the Board.
At the conclusion of the public comment period, the Board of Trustees will consider the proposed designation at the ensuing quarterly meeting. However, if expeditious action is required for contractual, security, or economic reasons-and provided no opposition is expressed during the public comment period-the Board may act on the designation prior to the next quarterly meeting. For private properties in which designation is by owner request, the Board may elect to proceed with designation without public comment.
The Board may also designate eligible publicly owned properties when designation is not requested by the owner. When considering such a designation, MDAH will contact the property owner and request written comments. If a request is received for the demolition of a publicly owned property, the public owner may also be asked to provide additional information, including a structural report prepared by a qualified structural engineer with experience in evaluating historic structures. For public properties located in Certified Local Government communities, the chair of the local preservation commission will also be asked to provide written comments. Based on the comments and additional documentation received, the Board president, in consultation with MDAH staff, will determine if the property will be placed before the Board for consideration as a Mississippi Landmark. Upon presentation to the Board, the consideration and designation process will be the same as described above.
Once a property is designated a Mississippi Landmark, MDAH shall inform the property owners in writing and shall prepare and execute a Certificate of Designation to be recorded in the deed records of the county in which the property exists.
Section 5 - Notices of Intent and Permits for Designated Mississippi Landmark Properties
Restoration, renovation, significant repairs or other alterations of a Mississippi Landmark property may be conducted only pursuant to a permit approved by the Board of Trustees. Work affecting Mississippi Landmark archaeological sites also requires a Mississippi Landmark permit.
For all projects involving designated Mississippi Landmark properties, including demolition or significant alteration, the owner(s) must submit a Notice of Intent to MDAH. The Notice of Intent must include appropriate supporting documentation, including plans and specifications, maps, photographs, etc., and shall be submitted at least one month prior to the next regularly scheduled Board meeting. The Notice of Intent should include a detailed description of the proposed project, including photographs, plans and/or specifications, as appropriate. Notices of Intent shall be submitted in the early stages of planning and always prior to the letting of bids for public construction or public improvement of any nature, in accordance with Section 39-7-22.
Upon receipt of a Notice of Intent, proposed project(s) will be reviewed by MDAH staff to determine if the project is in accordance with the Secretary of the Interior's Standards for Rehabilitation. Upon review, a staff committee will consider proposed project(s) and make recommendations for approval, approval with conditions, or denial of a permit. The staff review committee shall meet monthly and may include project professionals in the meeting, as well as a representative from the Bureau of Building, Real Property and Grounds.
For projects that do not involve demolition or significant alteration of a designated Mississippi Landmark property and consist of routine or minor activities consistent with the Secretary of the Interior's Standards for Rehabilitation, as outlined below, a resolution passed by the Board will authorize approval of the projects by the staff review committee. For these projects, MDAH staff may proceed to issue a permit following staff review committee approval. A list of the permitted, routine projects shall be provided to the Board for documentation at the following Board meeting.
The following are considered to be routine and/or minor activities consistent with the Secretary of the Interior's Standards for Rehabilitation:
All permits issued by the Board are valid for one year from the issue date of the permit. At the completion of the permitted project, the owner must submit documentation, including photographs, of the permitted activity.
Should the owner of a designated Mississippi Landmark property wish to appeal the conditions of a permit or a decision by the Board involving a designated Mississippi Landmark property, the owner shall provide the appeal in writing. Following review and recommendation by MDAH staff, the appeal will be considered at the next regularly scheduled quarterly Board meeting. However, if expeditious action is required for contractual, security, or economic reasons, the Board may place the consideration on the agenda of the next regularly scheduled monthly teleconference.
Section 6 - Notices of Intent for Undesignated Public Properties
Section 39-7-22 requires that a Notice of Intent should be submitted "in the early stages of planning and always prior to the letting of bids for public construction, public improvement of any nature, or transfer of public property to private ownership by state agencies," for determination of possible effects to potential Mississippi Landmarks. The Notice of Intent must be completed and submitted with appropriate supporting documentation, including but not limited to plans and specifications, maps, photographs, etc.
If, upon review, MDAH staff determines that a property does not meet the criteria for designation as a Mississippi Landmark, notification will be provided to the applicant that the project may proceed without further review.
If, upon review, MDAH staff determines that a property does not currently meet the criteria for Mississippi Landmark designation, due to the original age of construction or other factors that may in the future cause the structure to become eligible, MDAH staff shall notify the applicant that the project is acceptable but that the property should not be demolished or significantly altered in the future without submitting a Notice of Intent to MDAH for review and approval.
Section 7 - Removal of Designation
Requests for the removal of a Mississippi Landmark designation may be submitted in writing to MDAH by the property owner and/or initiated by MDAH. The owner (or MDAH, as appropriate) shall publish a notice soliciting written public comments for a period of thirty days from the date of the notice. Legal notice of the proposed removal of designation shall be published in the newspaper of record associated with the local property and on the MDAH website. Proof of publication shall be provided prior to action by the Board. Following the public comment period and upon review by MDAH staff, the request to remove the designation will be placed on the agenda of the next quarterly Board meeting.
Section 8 - Burial Excavation Permits
In the event that any Native American burials are encountered during any project, a permit is required prior to removal or excavation. If on private property, removal or excavation also requires the written permission of the landowner(s). No prehistoric or historic Native American burial excavation permits will be issued unless the excavation is performed by or supervised by a professional archaeologist and a physical anthropologist. If the burial(s) in question are reasonably expected to be of a known, federally recognized Tribe, MDAH shall consult with tribal authorities prior to the issuance of a permit.
Permits to excavate burials will not be issued unless there is an immediate threat to the integrity of the burial(s) through vandalism, natural forces, or unavoidable development. A burial is understood to include those items which were interred with the remains (please see http://www.mdah.ms.gov/new/preserve/archaeology/permits/).
Section 9 - Temporary Restraining Orders
When MDAH has confirmed that work has been initiated on a designated Mississippi Landmark property, or potentially eligible publicly owned property, prior to the issuance of a permit, MDAH shall immediately contact the owner to request that the work is halted until a Notice of Intent form is submitted in accordance with the above procedures. If the owner refuses to cease operations or follow the permit process, MDAH may seek a temporary restraining order through the Attorney General's Office.
Section 10 - Section 106 of the National Historic Preservation Act and Preservation Tax Incentive Review Procedures
For projects involving designated Mississippi Landmark properties also under review in accordance with Section 106 of the National Historic Preservation Act, the federal review process will take precedence over the Mississippi Landmark review. However, the president of the Board, in consultation with the director, may elect to require that a Mississippi Landmark permit be obtained in addition to the Section 106 review. Mississippi Landmark permits are always required for prehistoric or historic American Indian or aboriginal burials.
For projects involving designated Mississippi Landmark properties also under review in accordance with the federal or state preservation tax incentives programs, the tax incentives review process will take precedence over the Mississippi Landmark review. However, the president of the Board, in consultation with the director, may elect to require that a Mississippi Landmark permit be obtained in addition to the tax review process.
