Section 40-02-01-09 - Removal of properties from registryThe board may remove properties from registry listing when the features or characteristics for which the property was determined to meet the criteria have been substantially lost or destroyed. The requirements for documentation, review, and action taken are substantively the same whether the board initiates removal proceedings or whether removal proceedings have been initiated by petition. Petition for removal can be made by any state agency, department, municipality, county, school district, or other governmental subdivision or private organization or individual by submitting an adequately documented petition to the division. Petitions which are not adequately documented are returned within fifteen days of receipt with an explanation of deficiencies, and no further action is taken until adequate documentation is provided.
1. Adequate documentation includes: a. Names and addresses of the petitioners. b. Name of the property and its legal boundary description as listed in the registry. c. Description of any physical changes made to the property after its listing in the registry. d. Eight-inch by ten-inch [20.32-centimeter by 25.4-centimeter] black and white photographs of the property, both interior and exterior if the property is a building, sufficient to illustrate physical changes made after its listing in the registry. In the case of properties covering an extremely large area an aerial photo series, composite aerial photographs, or other method of photo documentation necessary to illustrate changes are acceptable in lieu of, or in addition to, eight-inch by ten-inch [20.32-centimeter by 25.4-centimeter] black and white photographs. e. Names and addresses of property owners of record. f. Statement of why the property no longer meets the criteria upon which its listing in the registry was based. 2. Procedures following receipt by the division of an adequately documented petition include: a. Review of the petition by the board at its first meeting held not less than ninety days following receipt of the petition by the division. b. Not less than sixty days prior to the meeting at which the board reviews the petition the division notifies in writing the petitioner, originator, property owner, and the chief elected official of the political jurisdiction in which the property is located of the substance of the petition, the place, date, and time of the meeting, and invites their written comment and attendance at the meeting. c. Not less than sixty days prior to the meeting at which the board reviews the petition the division submits a news release outlining the substance of the petition to a wire service in the state and to at least one newspaper of general circulation in the area in which the property is located. d. Not less than ten days prior to the meeting at which the board reviews the petition the division mails the petition to the board. e. The committee makes recommendations to the board regarding action to be taken on the petition. Recommendations fall into one of the following categories:
(1) Removal of the property from the registry. (2) Continued listing of the property on the registry. (3) Return petition to the petitioner for additional information. f. The board allows any person in attendance at the meeting an opportunity to comment upon the petition under consideration. g. The board shall vote on each petition presented during the meeting, except that any petition presented but not voted upon due to the lack of a quorum of voting members shall be presented to the board at its next scheduled meeting and reviewed and acted upon before taking action on any more recently received petition. h. Petitions returned by board action to the petitioner for additional information shall, if resubmitted, be considered new petitions and subject to all procedures set forth in section 40-02-01-09. i. Not more than fifteen days following board action on a petition the division shall provide written notification of action taken to the petitioner, originator, property owner, chief elected official, a wire service in the state, and one newspaper of general circulation in the area in which the property is located. N.D. Admin Code 40-02-01-09
Effective July 1, 1982; amended effective March 1, 1986.General Authority: NDCC 55-10-10
Law Implemented: NDCC 55-10-02(4), 55-10-10