South Dakota Administrative Code

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…

Rule 24:52:10:11 Accounting procedures for Deadwood preservation fund. 24:52:10:11. Accounting procedures for Deadwood preservation fund. The city and the Deadwood preservation commission shall include procedures which identify the cost categories in §§ 24:52:10:08 and 24:52:10:0…

Rule 24:52:10:12 Approval for expenditures required. 24:52:10:12. Approval for expenditures required. The Deadwood preservation commission shall obtain approval from the board for annual and supplemental budgets containing Deadwood preservation funds. The board shall issue approv…

Rule 24:52:10:13 Board may delegate approval authority. 24:52:10:13. Board may delegate approval authority. The board may delegate all or part of its approval authority under this chapter to the Office of History. Source: 19 SDR 122, effective February 25, 1993. General Authority…

Rule 24:52:10:14 Final decisions on questionable costs. 24:52:10:14. Final decisions on questionable costs. The board shall make final decisions on questionable costs in consultation with the Deadwood preservation commission. Source: 19 SDR 122, effective February 25, 1993. Gener…

Rule 24:52:10:15 Loan and grant funds. 24:52:10:15. Loan and grant funds. Activities and projects funded through revolving loan and grant funds shall meet the standards outlined in SDCLchapters 1-19A and 1-19B and ARSD Article 24:52. Source: 28 SDR 182, effective July 10, 2002. G…

Rule 24:52:11:01 Archivist must approve destruction of state records. 24:52:11:01. Archivist must approve destruction of state records. Any state government agency planning to destroy agency records, as defined in subdivision (2) of SDCL 1-18C-1, shall submit a destruction author…

Rule 24:52:11:02 Destruction authorized if archivist fails to act. 24:52:11:02. Destruction authorized if archivist fails to act. The agency may destroy the records in question if the archivist fails to act on the request within the allotted 30-day period, provided that the archi…

Rule 24:52:11:03 General applicability of rules -- Exceptions. 24:52:11:03. General applicability of rules -- Exceptions. This chapter applies to all state government records, including all records granted exclusive or continuous disposal authorization by the Records Destruction …

Rule 24:52:11:04 Destruction of local government records -- Archivist must be notified. 24:52:11:04. Destruction of local government records -- Archivist must be notified. Governing bodies or agencies of any county, city, town, township, district, authority, public corporation, o…

Rule 24:52:11:05 Destruction authorized if archivist fails to make recommendation. 24:52:11:05. Destruction authorized if archivist fails to make recommendation. Local government agencies may destroy the records for which petition to destroy has been made if the archivist does no…

Rule 24:52:12:01 Types of publications requiring production on permanent paper. 24:52:12:01. Types of publications requiring production of permanent paper. Publications which contain information of enduring value for research purposes must be produced on permanent paper, except f…

Rule 24:52:12:02 Form and placement of required notice of use of permanent paper. 24:52:12:02. Form and placement of required notice of use of permanent paper. Publications produced on permanent paper in compliance with the provisions of this chapter must display the following no…

Rule 24:52:12:03 Substitution of microfilm edition. 24:52:12:03. Substitution of microform edition. If an agency obtains written permission from the state archivist prior to publication to substitute a preservation microform edition for publication on permanent paper the agency m…

Rule 24:52:13:01 Applications for project review -- Requirements. 24:52:13:01. Applications for project review -- Requirements. Applicants seeking project review shall, at a minimum, provide the following information: (1) The name of the applicant; (2) The name and location of th…

Rule 24:52:13:02 Requests for information. 24:52:13:02. Requests for information. At any time in the course of a project review the board or the office may request information from an applicant necessary for review of the project. Source: 21 SDR 50, effective September 21, 1994. …

Rule 24:52:13:03 Project review -- Grounds for denial of application. 24:52:13:03. Project review -- Grounds for denial of application. The board and the office shall consider information provided in applications and other information against standards and requirements specified …

Rule 24:52:14:01 Receipt of tax certification applications -- Project reviews. 24:52:14:01. Receipt of tax certification applications -- Project reviews. Upon receipt of an application for tax certification, the office shall conduct a project review pursuant to chapter 24:52:13 a…

Rule 24:52:14:02 Approval or denial of tax certifications -- Deadline. 24:52:14:02. Approval or denial of tax certifications -- Deadline. The board shall approve or deny applications for tax certifications no later than the end of the calendar year in which the application is sub…

Rule 24:52:14:03 Procedures for issuing tax certifications. 24:52:14:03. Procedures for issuing tax certifications. The board shall certify in writing that a property meets the requirements for historic preservation in this article for the purpose of the tax moratorium in SDCL 1-…

Rule 24:52:14:04 Contents of tax certificate. 24:52:14:04. Contents of tax certificate. A tax certificate shall contain, at a minimum, the following information: (1) The name of the tax-certified property; (2) The location of the tax-certified property; (3) The date of tax certif…

Rule 24:52:14:05 Filing of tax certificate by county assessor -- Assessment of tax-certified property. 24:52:14:05. Filing of tax certificate by county assessor -- Assessment of tax-certified property. The office shall file the tax certificate with the county assessor within sixt…

Rule 24:52:14:06 Filing of restrictive covenants. 24:52:14:06. Filing of restrictive covenants. Within 30 days after receipt of the tax certification, the owner shall file a restrictive covenant with the register of deeds in the county in which the certified property is located a…

Rule 24:52:14:07 Violation of covenants -- Board notification. 24:52:14:07. Violation of covenants -- Board notification. Within 60 days after being notified in writing that a covenant has been violated, the office or board shall initiate a project review. The board shall issue a…

Rule 24:52:14:08 Cancellation of tax certificate. 24:52:14:08. Cancellation of tax certificate. Within 90 days after notifying the owner of record of a tax-certified property that the board has determined there has been an adverse effect on the property, the board shall act to ca…

Rule 24:52:14:09 Notice to county assessor. 24:52:14:09. Notice to county assessor. At the time the certificate is sent to the owner, the office shall send a letter to the county assessor which describes the provisions of §§ 24:52:14:05, 24:52:14:07, and 24:52:14:08. Source: 24 S…

Rule 24:52:15:01 Definitions. 24:52:15:01. Definitions. Terms used in this chapter mean: (1) "The fund," the historical preservation loan and grant fund created by SDCL 1-19A-13.1; (2) "Development," the restoration, rehabilitation, interpretation, or improvement of historic prop…

Rule 24:52:15:02 Names of subfunds. 24:52:15:02. Names of subfunds. The name of the portion of the fund derived from SDCL 42-7B-48 is "the State Historical Society's Deadwood fund." The name of the portion of the fund derived from sources other than SDCL 42-7B-48 is "the State Hi…

Rule 24:52:15:03 Application for loan or grant -- Project review. 24:52:15:03. Application for loan or grant -- Project review. Upon receipt of an application for a loan or grant from the fund, the board shall conduct a project review which shall, at a minimum, examine the follow…

Rule 24:52:15:04 National historic preservation methods required. 24:52:15:04. National historic preservation methods required. In addition to the criteria in SDCL 1-19A-13 to 1-19A-13.3, projects approved to receive loans or grants from the fund must be in conformance with the n…

Rule 24:52:15:05 Priorities for distributions from fund. 24:52:15:05. Priorities for distributions from fund. The board shall grant priority for distribution of the fund to the following: (1) Properties not eligible for federal or state incentive programs; (2) Applications docume…

Rule 24:52:15:06 Distributions from fund. 24:52:15:06. Distributions from fund. The board shall consider applications biannually following a public announcement that grants or loans will be made from the fund. Source: 21 SDR 50, effective September 21, 1994; 24 SDR 73, effective …

Rule 24:52:15:07 Announcement of award. 24:52:15:07. Announcement of award. The state historic preservation officer shall make an announcement concerning awards of the fund within 90 days after formal project review by the board. Source: 24 SDR 73, effective December 4, 1997. Gen…

Rule 24:52:15:08 Restrictive covenant. 24:52:15:08. Restrictive covenant. Upon receipt of an award from the fund the applicant shall sign a restrictive covenant running with the property which states that the property must be maintained in a manner that preserves its restored por…

Rule 24:52:16:01 Application procedures for heritage areas. 24:52:16:01. Application procedures for heritage areas. The board shall review applications for heritage area designations as they are submitted to the board. Applications must address the items identified in SDCL 1-19A-…

Rule 24:52:16:02 Natural and scenic criteria. 24:52:16:02. Natural and scenic criteria. Land areas recognized by state or national conservation organizations as having outstanding or exceptional natural or scenic qualities qualify for inclusion in heritage areas. Source: 21 SDR 5…