South Dakota Administrative Code

Rule 24:52:03:04 Borrowing objects. 24:52:03:04. Borrowing objects. All loans made to a museum must first be approved by the museum director. The museum may only borrow objects for a specific purpose and a limited period of time. Source: 13 SDR 23, effective September 1, 1986. Ge…

Rule 24:52:03:05 Liability and insurance for borrowed objects. 24:52:03:05. Liability and insurance for borrowed objects. The museum shall care for borrowed objects as it does for comparable property of its own. The museum is not liable for any loss or damage to borrowed objects …

Rule 24:52:03:06 Reclamation of borrowed objects. 24:52:03:06. Reclamation of borrowed objects. If someone other than the original lender attempts to reclaim a borrowed object, the claimant must provide written proof of ownership or proof that the claimant is the sole representat…

Rule 24:52:03:07 Unclaimed loans. 24:52:03:07. Unclaimed loans. If 90 days after the expiration of a loan period the museum has been unsuccessful in its efforts to contact the lender and arrange for the return of the borrowed property and if no arrangements have been made for the…

Rule 24:52:04:01 Repealed. 24:52:04:01 Procedures for reporting the discovery of human remains from an unmarked grave.Repealed. Source: 13 SDR 23, effective September 1, 1986; repealed, 18 SDR 126, effective February 3, 1992.

Rule 24:52:04:02 Transferred. 24:52:04:02 Transferred to §§ 24:52:09:03 and 24:52:09:04.

Rule 24:52:04:03 Transferred. 24:52:04:03 Transferred to § 24:52:09:03.

Rule 24:52:05:01 Membership fees for State Historical Society. 24:52:05:01. Membership fees for State Historical Society. The fees for membership in the South Dakota State Historical Society are as follows: (1) Individual annual membership, $50; (2) International annual membershi…

Rule 24:52:05:02 Fees for services by State Historical Society. 24:52:05:02. Fees for services by State Historical Society. The fees for services provided by the State Historical Society are as follows: (1) Photocopying: (a) Letter and legal size, $0.25 for a black and white expo…

Rule 24:52:05:03 Admission fees for Cultural Heritage Center. 24:52:05:03. Admission fees for Cultural Heritage Center. The fees for daily admission to the Cultural Heritage Center Museum are as follows: (1) South Dakotans and State Historical Society members, free; (2) Children,…

Rule 24:52:05:04 Repealed. 24:52:05:04. Admission fees for Smith-Zimmermann State Museum.Repealed. Source: 20 SDR 218, effective June 30, 1994; repealed, 22 SDR 20, effective August 20, 1995.

Rule 24:52:05:05 Authorization of free or discounted admissions. 24:52:05:05. Authorization of free or discounted admissions. The board may authorize free admission days and discount promotion programs for the Cultural Heritage Center Museum. The board shall base its decision on …

Rule 24:52:05:06 Fees for special exhibits and events. 24:52:05:06. Fees for special exhibits and events. State Historical Society may charge fees of up to $50 a person for admission to special exhibits and events. Source: 20 SDR 218, effective June 30, 1994; 47 SDR 24, effective…

Rule 24:52:05:07 Museum rental and admission fees for private functions. 24:52:05:07. Museum rental and admission fees for private functions. The fees for rental of and admission to the museums of the South Dakota State Historical Society for private functions are as follows: Lob…

Rule 24:52:05:08 Fee for processing state certification of property tax moratorium applications. 24:52:05:08. Fee for processing state certification of property tax moratorium applications. The fee for the processing of applications for the state tax moratorium is $30 for rehabil…

Rule 24:52:05:09 Repealed. 24:52:05:09. Fee for United States Geological Survey map for national register. Repealed. Source: 24 SDR 73, effective December 4, 1997; 36 SDR 103, effective December 8, 2009; 44 SDR 43, effective September 12, 2017.

Rule 24:52:06:01 Criteria for listing on state register. 24:52:06:01. Criteria for listing on state register. Districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association are eligible fo…

Rule 24:52:06:02 Criteria considerations. 24:52:06:02. Criteria considerations. Cemeteries, birthplaces, or graves of historical figures, properties owned by religious institutions or used for religious purposes, reconstructed historic buildings, properties primarily commemorativ…

Rule 24:52:06:03 Consent of private owner required. 24:52:06:03. Consent of private owner required. Nominations for listing private property on the state register must be accompanied with a letter from the owner or owners of record expressly stating their consent to list the prop…

Rule 24:52:06:04 Notice to public owner required. 24:52:06:04. Notice to public owner required. Nominations for listing public property on the state register must be accompanied with documentation that the public owner of record has been notified in writing that the nomination is…

Rule 24:52:06:05 Procedures for listing on state register. 24:52:06:05. Procedures for listing on state register. A person wishing to nominate historic property for listing on the state register shall submit information pertaining to the criteria in §§24:52:06:01 and 24:52:06:02 …

Rule 24:52:06:06 Notice of listing. 24:52:06:06. Notice of listing. Upon listing a property on the state register, the Office of History shall send written notice of the listing to the owner of record and to the county commission and city government governing the location of the …

Rule 24:52:06:07 Appeal to board. 24:52:06:07. Appeal to board. For six months following the date of listing or removal of a property on the state register any person may appeal the listing or removal to the board. After hearing an appeal, the board shall take one of the followin…

Rule 24:52:06:08 Levels of significance. 24:52:06:08. Levels of significance. The office shall assign one of the following three levels of significance to historic properties listed on the state register: (1) National significance for properties primarily representing nationally …

Rule 24:52:06:09 Contributing properties in historic districts. 24:52:06:09. Contributing properties in historic districts. The office shall identify buildings, structures, sites, objects, features, qualities, or settings which have historical integrity and contribute to the sign…

Rule 24:52:06:10 Loss of historical integrity. 24:52:06:10. Loss of historical integrity. The loss of historical integrity of a property listed on the state register, including the loss of buildings, features, artifacts, structural support, historical setting, and other elements …

Rule 24:52:06:11 Criteria for determining effect on historical integrity. 24:52:06:11. Criteria for determining effect on historical integrity. In deciding whether historical integrity has been or will be lost, the Office of History shall use the criteria in 36 C.F.R. § 800.5 (Au…

Rule 24:52:06:12 Removal from state register. 24:52:06:12. Removal from state register. Upon receiving information and documenting the loss of historical integrity of a property listed on the state register, the Office of History shall remove the property from the state register …

Rule 24:52:06:13 National register listing constitutes state register listing. 24:52:06:13. National register listing constitutes state register listing. Listing of a property on the national register constitutes listing of that property on the state register. Removal of a proper…

Rule 24:52:07:01 Applicability. 24:52:07:01. Applicability. The rules in this chapter apply to historic properties listed on the state register or the national register, or both. Source: 16 SDR 239, effective July 9, 1990. General Authority:SDCL 1-19A-5. Law Implemented:SDCL 1-19…

Rule 24:52:07:02 National historic preservation methods required. 24:52:07:02. National historic preservation methods required. The methods, policies, technical notes, preservation briefs, and guidelines used by the National Park Service of the U.S. Department of the Interior and…

Rule 24:52:07:03 Standards for case report. 24:52:07:03. Standards for case report. If a state entity or a political subdivision of the state is required by law or rule to report possible threats to the historical integrity of a property on the state register, the threat must be …

Rule 24:52:07:04 Standards for new construction and additions in historic districts. 24:52:07:04. Standards for new construction and additions in historic districts. New construction or additions within a historic district must comply with The Secretary of the Interior's Standard…

Rule 24:52:07:05 Consistency with historical tradition in historic districts. 24:52:07:05. Consistency with historical tradition in historic districts. The use of elements as described in § 24:52:07:04 shall be consistent with the historical development of the historic district a…

Rule 24:52:08:01 Archaeological permits. 24:52:08:01. Archaeological permits. A permit is required for any archaeological survey or excavation conducted on any property owned by the state or its subdivisions or for the exhumation of human burials outside the control of cemetery a…

Rule 24:52:08:02 Qualified professional archaeologist. 24:52:08:02. Qualified professional archaeologist. A qualified professional archaeologist acting as a principal investigator or the person in direct charge of a project must possess a postgraduate degree in archaeology, anthr…

Rule 24:52:09:01 Requirements for exhumation. 24:52:09:01. Requirements for exhumation. In cases where a human burial must be exhumed, an archaeological permit must be obtained from the state archaeologist. In addition to the terms for permit issuance in § 24:52:08:01, the applic…

Rule 24:52:09:02 Qualified skeletal analyst. 24:52:09:02. Qualified skeletal analyst. A qualified skeletal analyst must possess a postgraduate degree in physical anthropology, anthropology with emphasis in physical anthropology, medicine, or a closely related field plus at least …

Rule 24:52:09:03 Identification and disposition of remains. 24:52:09:03. Identification and disposition of remains. An attempt must be made to identify human remains found outside the jurisdiction of cemetery or law authorities. Repatriation to a particular tribe may not occur un…

Rule 24:52:09:04 Cost of recovery, identification, and reinterment. 24:52:09:04. Cost of recovery, identification, and reinterment. The state shall bear the cost of recovery, identification, and reinterment of human remains and associated grave goods exposed by natural causes or …

Rule 24:52:10:01 Definitions. 24:52:10:01. Definitions. Terms defined in § 24:52:00:01 have the same meaning in this chapter. In addition, terms used in this chapter mean: (1) "Allowable costs," preservation fund expenditures meeting the conditions of SDCL 42-7B-5 and 42-7B-46 an…

Rule 24:52:10:02 Purpose of fund expenditures. 24:52:10:02. Purpose of fund expenditures. The Deadwood preservation fund shall be used to conduct a historic preservation and restoration program for the city of Deadwood pursuant to this chapter. The Deadwood historic preservation …

Rule 24:52:10:03 Professional standards required. 24:52:10:03. Professional standards required. The city shall employ persons professionally qualified in the areas of history, historic preservation, archaeology, and architectural history consistent with 36 C.F.R. Part 61, Appendi…

Rule 24:52:10:04 National historical preservation standards required. 24:52:10:04. National historic preservation standards required. Activities funded with Deadwood preservation funds must be consistent with the provisions of chapter 24:52:07. Source: 19 SDR 122, effective Febru…

Rule 24:52:10:05 Expenditures to be consistent with SDCL 1-19B. 24:52:10:05. Expenditures to be consistent with SDCL 1-19B. Expenditures of Deadwood preservation funds must be consistent with the provisions of SDCL chapter 1-19B. Source: 19 SDR 122, effective February 25, 1993. G…

Rule 24:52:10:06 Expenditures not to damage historic materials without justification. 24:52:10:06. Expenditures not to damage historic materials without justification. Expenditures from the preservation fund may not support projects which destroy, damage, remove, or alter histori…

Rule 24:52:10:07 History of Deadwood to be protected and promoted. 24:52:10:07. History of Deadwood to be protected and promoted. Activities assisted by the preservation fund must support, protect, and promote the history of Deadwood and its historical features and qualities and …

Rule 24:52:10:08 Allowable costs -- Nonconstruction. 24:52:10:08. Allowable costs -- Nonconstruction. The following nonconstruction cost categories are allowable expenditures from the preservation fund: (1) Administrative costs: (a) Personnel services: Personnel salaries, benefit…

Rule 24:52:10:09 Allowable costs -- Construction. 24:52:10:09. Allowable costs -- Construction. The following construction costs are allowable: (1) Restoration: Expenditures for restoration, rehabilitation, preservation, reconstruction, and stabilization of historic properties, s…

Rule 24:52:10:10 Unallowable costs. 24:52:10:10. Unallowable costs. The following expenditures of Deadwood preservation funds are not allowable: (1) Activities not meeting the conditions of SDCL 1-19A-11.1 and chapter 24:52:07; (2) Expenditures for growth management activities wh…