South Carolina Code of Regulations
Chapter 12 - SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY
Article 1 - GUIDELINES FOR IMPLEMENTATION OF CERTIFIED LOCAL GOVERNMENT (CLG) PROGRAM IN SOUTH CAROLINA
Section 12-102 - Process for Certification of Local Governments in South Carolina

Universal Citation: SC Code Regs 12-102

Current through Register Vol. 48, No. 3, March 22, 2024

A. The chief elected official of the local government shall request certification from the SHPO. The request for certification shall include:

(1) A completed Certified Local Government application signed by the chief elected official.

(2) A copy of the local historic preservation ordinance as adopted by the local government that creates the historic preservation review commission and provides for designation and protection of historic districts and landmarks.

(3) A copy of the local commission's By-Laws and Rules of Procedure.

(4) A list and accompanying map(s) of the area(s) to which the ordinance applies.

(5) A list of resumes for the members of the historic preservation commission with mailing addresses and telephone numbers. The resumes should indicate members' expertise or interest in fields related to historic preservation. If the membership of the proposed commission does not meet the professional qualifications outlined in subsection 12-101B(2)above provide written documentation showing that a reasonable effort to obtain professional expertise has been made.

(6) List and resumes of pertinent local government staff members.

B. The SHPO shall respond to the chief elected official within forty-five calendar days of the receipt of an adequately documented written request. The state shall prepare a written certification agreement listing the responsibilities of the local government when certified, which will include: the four minimum responsibilities required by the federal law and regulations and by these state guidelines and any additional responsibilities that are mutually agreeable. Once the chief local elected official and SHPO have signed the certification agreement the SHPO will forward a request for concurrence to the National Park Service. The effective date of certification is the date of the Secretary's concurrence. If the request for concurrence cannot be affirmed as submitted, the National Park Service will notify the SHPO prior to fifteen working days after receipt of the request, and provide written notification of what is necessary for the request to be approved.

Substantive changes in Certification Agreements between the CLG and SHPO must be forwarded as a written amendment to the National Park Service for concurrence before the amendment may be considered in effect. The NPS will notify the SHPO of its decision in writing and send a copy to the CLG.

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