Current through Register Vol. XLI, No. 50, December 13, 2024
Section 82-1-5 - Process for Certification of Local Governments in West Virginia5.1. Request for certification. The chief elected official of the appropriate local governing body shall request certification from the West Virginia Historic Preservation office. The request for certification shall include the following: 5.1.a. A written assurance by the chief elected official that the local government does fulfill all the standards for certification outlined above;5.1.b. A copy of the local historic landmark ordinance or order;5.1.c. A listing of districts and designated historic landmarks under the local ordinance together with statements of the historical significance of the properties and maps showing the location of each district and landmark.5.1.d. Resumes of each of the members of the Historic Landmark Commission including credentials documenting the members' expertise in fields related to historic preservation. In cases where no professional members have been appointed to an HLC, then an explanation and information demonstrating good faith efforts to obtain such members shall be included; and5.1.e. A set of goals and objectives for the coming year.5.2. State Historic Preservation Office response to local government request. The West Virginia State Historic Preservation Office shall respond to the chief elected official within sixty (60) days of the receipt of an adequately documented written request. The request for certification may be made at any time throughout the year and is separate from requests for funding from the Historic Preservation Fund.5.3. Determination that local government fulfills requirements for certification. If the SHPO determines that the local government fulfills the requirements for certification, the SHPO will prepare a written certification agreement with the local government that lists the specific responsibilities of the local government. These responsibilities include those powers and duties as stated in subsection 4.2 of this rules. The SHPO will notify the United States Secretary of the Interior or his or her designee and furnish a copy of the approved request and the certification agreement. The SHPO shall notify the local government within fifteen (15) days of the Secretary's response.5.4. Local government certification to participate. The local government shall be certified to participate in the National Historic Preservation Program if no comment is received by the SHPO from the Secretary of the Interior within fifteen (15) working days. The certification agreement between the SHPO and the local government becomes final.5.5. Local government condition for continued certification. Once a local government is certified it remains certified without further action unless it is decertified.