WSR 99-03-098
PROPOSED RULES
DEPARTMENT OF COMMUNITY,
TRADE AND ECONOMIC DEVELOPMENT
[Filed January 20, 1999, 10:30 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-12-098.
Title of Rule: Historic property designations.
Purpose: To clarify and update the procedures for listing a property on the Washington Heritage Register, or the National Register of Historic Places. This update will address changes in Washington state law as well as administrative changes concerning the Office of Archaeology and Historic Preservation.
Statutory Authority for Adoption: RCW 27.34.220(8) and chapter 43.330 RCW.
Statute Being Implemented: RCW 27.34.010.
Summary: This update will clarify the procedures for the nomination of a property to the Washington Heritage Register and to the National Register of Historic Places. It also profiles the procedures for reviewing nominations to both registers and lists the characteristics that make a property eligible for the Washington Heritage Register. Procedures for objecting to the nomination of a property are outlined as well.
Reasons Supporting Proposal: Since the last update of this WAC there have been changes in Washington state law as well as the offices which administer the laws.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: David Hansen, Office of Archaeology and Historic Preservation, 407-0752.
Name of Proponent: David Hansen, Managing Director of the Office of Archaeology and Historic Preservation, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This rule explains in a step-by-step manner the procedures that must be followed in order to list Washington state property in either the National Register of Historic Places or the Washington Heritage Register. This amendment of the rule will update and clarify the procedures that must be followed in order to list a property according to changes in the state laws. It will inform citizens and professionals nominating properties to the registers exactly what criteria are being used and the administrative procedures being followed in order to determine eligibility. The effect will be to enable applicants to quickly understand the criteria that their nominations are being judged by, and the processes for review. Those who have had their properties nominated but wish to object to the nomination will also be able to learn how to protest a nomination.
Proposal Changes the Following Existing Rules: This proposal updates the former rules in order to reflect changes in state laws for listing properties on historic registers. It will also update references to implementation statutes and departmental contacts.
No small business economic impact statement has been prepared under chapter 19.85 RCW. CTED has determined that no costs or only minor costs will be imposed on small businesses through the implementation of these rules; therefore, a small business economic impact statement is not required.
RCW 34.05.328 does not apply to this rule adoption. CTED is not listed in section 201 as a significant legislative rule agency.
Hearing Location: Office of Archaeology and Historic Preservation, 420 Golf Club Road, Lacey, WA 98504-8343, on February 23, 1999, at 9:00.
Assistance for Persons with Disabilities: Contact David Hansen by February 12, 1999, TDD (360) 753-2200 (agency information number), or (360) 407-0752.
Submit Written Comments to: David Hansen, Office of Archaeology and Historic Preservation, 420 Golf Club Road, Lacey, WA 98504-8343, fax (360) 407-6217, by February 19, 1999.
Date of Intended Adoption: March 31, 1999.
January 20, 1999
Jean Ameluxen
Director of Government Relations
OTS-2774.1
NEW SECTION
WAC 25-12-110 Definitions of terms used in this chapter. (1) Office of archaeology and historic preservation. The office of archaeology and historic preservation (OAHP) is established pursuant to RCW 27.34.210. OAHP provides staff for the state historic preservation officer. OAHP is located at 420 Golf Club Road S.E., Suite 201, Lacey, Washington 98504.
(2) Professionals. In reference to historic buildings, structures, objects, and districts, professionals are individuals who meet minimum requirements under the federal definitions for historian, architectural historian, or historical architect. They are required to have a graduate degree in historic preservation, architectural history, or a related field; or an undergraduate degree plus two years of professional experience working for an historic preservation organization, and/or a record of scholarly work. Professionals must also have previously prepared successful nominations to the National Register of Historic Places.
For the nomination of archaeological resources, professionals are individuals who meet the definition of "professional archaeologist" in WAC 25-48-020(4).
(3) State historic preservation officer. The state historic preservation officer (SHPO) is the person appointed pursuant to RCW 27.34.210 to implement the purposes of that chapter.
(4) State historic preservation officer review board. The state historic preservation officer review board is made up of OAHP staff members and advises the SHPO on the eligibility of properties to the Washington Heritage Register. The SHPO review board is advisory to the SHPO. At a minimum, the SHPO review board shall be composed of SHPO staff representing the areas of history, architectural history, and one other related field. To consider nominations of archaeological properties, traditional cultural properties, or properties with archaeological components, the review board shall also include the state archaeologist.
(5) Washington state advisory council on historic preservation. The Washington state advisory council on historic preservation is the council established pursuant to RCW 27.34.250. It advises the SHPO on the eligibility of properties to the National Register of Historic Places, and is referred to in this chapter as the "council." The administrative location of the council and its staff is at the Office of Archaeology and Historic Preservation, 420 Golf Club Road S.E., Suite 201, Lacey, Washington 98504. The council meets three times a year in September, January and June, on dates agreed upon by a majority of council members. The SHPO will create the council's agenda in consultation with the council chairperson. The council may hold such special meetings as the SHPO and the chairperson consider necessary.
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NEW SECTION
WAC 25-12-120 How do I submit a nomination to the National Register of Historic Places? (1) To nominate a property to the National Register of Historic Places, contact the OAHP to request an information packet. The packet includes a nomination form, guidelines, an outline of the process, and criteria for listing.
(2) When you prepare your nomination, you need to provide the OAHP with information sufficient for the SHPO to make a preliminary eligibility determination. Within forty-five days of receipt of your information, OAHP will respond to you with a written determination of the property's eligibility for the register, as well as suggestions for completion or revision of the nomination.
(3) The SHPO may return any nomination to the applicant for correction or for additional information required for completion and accuracy.
(4) The SHPO may not schedule a nomination for council review if it is inadequately prepared, fails to meet established deadlines or submittal requirements, or is inconsistent with the guidelines or process outline in subsection (1) of this section.
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NEW SECTION
WAC 25-12-130 What is the procedure for reviewing nominations to the National Register? (1) The SHPO notifies the nominator, the property owner, and the applicable chief elected official of the county and municipal political jurisdiction of the date, time, and location of the council review of the nomination not more than seventy-five days or less than thirty days prior to the scheduled meeting. If a nomination is of an historic district where more than fifty property owners are involved, notification occurs through notice in a local newspaper of general circulation.
(2) Following council review, the council forwards the nominations and its recommendation to the SHPO. All council determinations regarding nominations are advisory only; the decision to submit a nomination to the National Register is within the discretion of the SHPO.
(3) The SHPO considers all nominations reviewed by the council prior to the next regularly scheduled council meeting, and reports decisions regarding those nominations to the council at that meeting. If a nomination meets National Register criteria, standards and procedures, the SHPO submits the nomination to the National Register. The SHPO notifies the council at the next regularly scheduled council meeting of any nominations deemed ineligible or otherwise insufficient.
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NEW SECTION
WAC 25-12-140 How do I submit a nomination to the Washington Heritage Register? (1) To nominate a property to the Washington Heritage Register, contact the OAHP to request an information packet. The information packet includes a nomination form, guidelines, an outline of the processes, and criteria for listing.
(2) When you prepare your nomination, you need to provide the OAHP with information sufficient for the OAHP to make a preliminary eligibility determination. Within forty-five days of receipt of your information, OAHP will respond with a written opinion of the property's eligibility for the register, as well as suggestions for completion or revision of the nomination.
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NEW SECTION
WAC 25-12-150 What is the procedure for reviewing nominations to the Washington Heritage Register? (1) If OAHP staff determine that the property may meet the criteria for listing in the Washington Heritage Register and considers the application form complete, the nomination will be scheduled for consideration by the SHPO review board.
(2) The SHPO notifies the nominator, the property owner, and the applicable chief elected official of the county and municipal political jurisdiction of the date, time, and location of the review. The notification occurs not more than forty-five days or less than thirty days prior to the scheduled meeting. The SHPO review board meets quarterly or as needed to respond to applications to the Washington Heritage Register, but does not meet more frequently than once a month.
(3) The decisions of the SHPO regarding designations to the Washington Heritage Register are final. Proponents who can produce additional documentation regarding the eligibility of a property may appeal to the SHPO for reconsideration. Upon receipt of additional documents related to the significance of the property and a letter of appeal, the SHPO can schedule the nomination for reconsideration at the next SHPO review board meeting. It is within the discretion of the SHPO to request a complete revision of the nomination prior to bringing it before the SHPO review board.
(4) Nominations for properties located within federally certified local governments (CLGs) require verification of prior local review by the designated CLG program coordinator or chair of the appointed historical commission.
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NEW SECTION
WAC 25-12-160 Characteristics of properties eligible for listing on the Washington Heritage Register. (1) Eligible properties have at least one of the following areas of significance:
(a) The property is an important or a rare surviving example of an early settlement or an original native occupation of a community or region;
(b) The property is directly connected to a social or religious movement, organization, or institution that served as a focal point for a community or group of people;
(c) The property is directly connected to specific activities or events that had a lasting impact on a community or region;
(d) The property is associated with legends, spiritual or religious practices, or life ways that are uniquely related to a piece of land or to a natural feature;
(e) The property displays strong patterns of land use or alterations of the environment, which are associated with important historic functions, activities, ideals, or cultural principles;
(f) The property is directly associated with an individual who made an important contribution to a community or to a group of people;
(g) The property has strong artistic, architectural, or engineering qualities, or displays unusual materials or craft work belonging to an historic era;
(h) The property was designed or built by an influential architect, or reflects the work of an important elder or artisan;
(i) Archaeological investigation of the property has or will increase our understanding of past culture or life ways.
(2) Eligible properties must also:
(a) Be representative of important historical associations, cultural values, or artistic and architectural values that are essential to an understanding of the state's heritage. Examples of these types of properties include buildings, structures, objects, cemeteries and burial sites, historic sites, traditional cultural properties, and cultural landscapes.
(b) Possess essential integrity. Essential integrity means the ability of a property to convey its original function, period of significance, and historic context through its physical characteristics of setting, location, related environment, landscape, design, style, materials, and craft work.
(c) Generally be at least fifty years old. Properties less than fifty years old must be shown to have transcendent importance to the state's heritage which can be verified through scholarly investigation and in recognized professional publications or other sources.
(3) Any properties that have been determined under federal regulations to be ineligible for listing in the National Register may be found eligible for the Washington Heritage Register under the criteria contained in this subsection.
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NEW SECTION
WAC 25-12-170 Does acceptance to one register guarantee acceptance to both? No. Properties eligible for listing in the National Register are also eligible for the Washington Heritage Register. However, properties listed in the Washington Heritage Register may or may not meet the criteria for listing in the National Register. If you think your Washington Heritage Register-listed property may meet the criteria for listing in the National Register, follow the steps in WAC 25-12-120.
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NEW SECTION
WAC 25-12-180 How do I object to listing my property in either the National Register of Historic Places or the Washington Heritage Register? The legal owner of property may object to the listing of that property in either the National Register of Historic Places or the Washington Heritage Register.
(1) The SHPO will notify property owners at least thirty days in advance of their property's nomination review by either the council (for nominations to the National Register) or the SHPO review board (for nominations to the Washington Heritage Register).
(2) At the time of notification, the SHPO will provide the property owner with information about the implications of listing and the procedures for objecting to the proposed listing.
(3) To object, the property owner must submit a notarized letter stating his or her objections during the thirty-day period before the council or the SHPO review board meets to consider the nomination.
(4) In the case of multiple property owners, a simple majority of owners must submit individual notarized letters of objection.
(5) In response to an objection, a property will not be formally listed, but the property may be evaluated for eligibility against the criteria of the Washington Heritage Register or the National Register. The Keeper of the National Register of Historic Places makes a final determination of National Register eligibility; the SHPO makes the final determination of eligibility for the Washington Heritage Register.
(6) Objecting owner(s) will be notified in writing if their property meets register criteria; however, the property will not receive a designation or be recognized in any list of designated properties.
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REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 25-12-010 Purpose.
WAC 25-12-020 Definitions.
WAC 25-12-030 Description of purpose and staff.
WAC 25-12-040 Procedures--Nominations proposed by nonprofessional public.
WAC 25-12-050 Procedures--Nominations proposed by the professional public.
WAC 25-12-060 Procedures.
WAC 25-12-070 Public records available.