Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: The proposed amendments are administrative
in nature and pertain to the administration of the Historic Preservation
Revolving Fund.
PUBLISHER'S NOTE: The secretary of state has
determined that the publication of the entire text of the material which is
incorporated by reference as a portion of this rule would be unduly cumbersome
or expensive. Therefore, the material which is so incorporated is on file with
the agency who filed this rule, and with the Office of the Secretary of State.
Any interested person may view this material at either agency's headquarters or
the same will be made available at the Office of the Secretary of State at a
cost not to exceed actual cost of copy reproduction. The entire text of the
rule is printed here.
(1)
These are the minimum requirements for acquisition of any interest in a
property by the fund:
(A) Eligibility. The
property must be considered a historic property.
1. Any property deemed
ineligible for the National Register by the majority of State Historic
Preservation Office staff reviewers may be submitted for reconsideration with
additional or new information and if deemed eligible, may be considered for
acquisition or other assistance by the fund. Final determination of National
Register eligibility shall rest with the State Historic Preservation Officer;
and
(B) Structural
Condition. The property must-
1. Have enough
original features and materials to be eligible for listing or to remain on the
National Register; and
2. Be
structurally sound enough for rehabilitation to be physically and economically
feasible.
(2)
The following criteria shall be considered in evaluating properties for
acquisition of any interest by the fund:
(A)
Endangerment-whether the continued historic character of the property is
determined by the department to be endangered or threatened;
(B) Historic Significance of the Property-
whether the property has historic significance to the state, its communities or
the United States;
(C) Economic
Feasibility-whether the costs associated with acquisition and eventual
rehabilitation are considered reasonable by the department based on market
conditions in the property's area with respect to the probability of
resale;
(D) Additional Financial
Alternatives- whether additional financial assistance is available for
preservation of the property;
(E)
Marketability-whether the property is considered by the department to be
marketable;
(F) Local
Support-whether the preservation of the property is supported by the local
community;
(G) Public
Visibility-whether the property will be visible to the public, provide a
positive example for preservation and educate the public regarding the benefits
of preservation;
(H) Environmental
Factors-whether the property is situated in a positive environment, such as an
active, preservation-oriented neighborhood, a rural setting or a downtown
redevelopment area. Commercial or subdivision developments, industrial areas
and flood plains shall not be considered as positive environments;
and
(I) Community Benefit-whether
preservation of the property would benefit the community. Community benefits
may include, but shall not be limited to, preserving a local landmark or a key
building in a downtown block, or providing space for a community center, arts
facility or other public benefit as demonstrable.
(3) Any property acquired in fee by the fund
shall be subjected to covenants meeting the requirements of section
253.405
of the Historic Preservation Revolving Fund Act upon resale by the
fund.
(4) The terms of all
acquisitions shall be approved in writing by the director of the Department of
Natural Resources. The department will not be obligated to acquire (or sell)
any property until a purchase (or sales) contract is signed by all
parties.
*Original authority: 253.035, RSMo 1961, amended 1967,
1983, 1993, 1995.
