South Dakota Administrative Code

Rule 24:52:01:03 Title to objects. 24:52:01:03. Title to objects. Title to all objects acquired for a museum collection shall be obtained free and clear, without restrictions on use or future disposition unless the acceptance of objects offered as gifts with mandatory restriction…

Rule 24:52:01:04 Procedure for accepting an object with mandatory restrictions. 24:52:01:04. Procedure for accepting an object with mandatory restrictions. The procedure for accepting an object with mandatory restrictions is as follows: (1) The museum director recommends acceptan…

Rule 24:52:01:05 Legal instruments of conveyance. 24:52:01:05. Legal instruments of conveyance. A legal instrument of conveyance that sets forth a complete description of the objects and the precise conditions of transfer shall accompany all gifts and purchases to the museum. The…

Rule 24:52:01:06 Permanent records. 24:52:01:06. Permanent records. The museum shall keep permanent registration records for all objects acquired. Source: 13 SDR 23, effective September 1, 1986. General Authority:SDCL 1-18C-12. Law Implemented:SDCL 1-18C-12.

Rule 24:52:02:01 Justification. 24:52:02:01. Justification. Deaccessioning is the process of permanently removing an object from a museum collection. The board may deaccession museum objects under any of the following circumstances: (1) The objects have lost their physical integr…

Rule 24:52:02:02 Procedure for deaccessioning. 24:52:02:02. Procedure for deaccessioning. The procedure for deaccessioning a collections object is as follows: (1) The museum director recommends an object for deaccessioning to the museum's collections committee; (2) The museum's c…

Rule 24:52:02:03 Deaccessioning objects with restrictions. 24:52:02:03. Deaccessioning objects with restrictions. When restrictions apply to an object being deaccessioned, the museum shall act as follows: (1) Mandatory restrictions shall be strictly observed unless deviation from…

Rule 24:52:02:04 Disposition of deaccessioned objects to certain persons prohibited. 24:52:02:04. Disposition of deaccessioned objects to certain persons prohibited. Objects may not be given, traded, or sold privately to South Dakota State Historical Society employees, South Dako…

Rule 24:52:02:05 Permanent records. 24:52:02:05. Permanent records. The museum shall maintain a permanent record of the conditions and circumstances under which objects are deaccessioned. Source: 13 SDR 23, effective September 1, 1986. General Authority:SDCL 1-19A-11. Law Impleme…

Rule 24:52:03:01 Lending museum objects. 24:52:03:01. Lending museum objects. All loans made by the museum must have the approval of the museum director. The museum may make loans only to institutions or individuals that will care for and provide security for objects. The museum …

Rule 24:52:03:02 Hazards of transporting loans. 24:52:03:02. Hazards of transporting loans. The museum director shall lend objects only when the museum director determines that the objects will not be damaged by movements involved in transporting them. Source: 13 SDR 23, effectiv…

Rule 24:52:03:03 Loan periods. 24:52:03:03. Loan periods. The museum shall loan objects for specific periods of time not to exceed one year. The museum may renew or extend the loan period. Source: 13 SDR 23, effective September 1, 1986. General Authority:SDCL 1-19A-11. Law Implem…

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…