H. B. 2301
(By Delegate Doyle)
[Introduced February 12, 2009; referred to the
Committee on Government Organization.]
A BILL to amend and reenact §29-1-8 of the Code of West Virginia,
1931, as amended, relating to prohibiting the demolition of a
historic structure prior to a review of and the issuance of a
permit for the undertaking by the Commissioner of the Division
of Culture and History.
Be it enacted by the Legislature of West Virginia:
That §29-1-8 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. DIVISION OF CULTURE AND HISTORY.
§29-1-8. Historic preservation section; director.
(a) The purposes and duties of the historic preservation
section are to locate, survey, investigate, register, identify,
preserve, protect, restore and recommend to the commissioner for
acquisition historic, architectural, archaeological and cultural
sites, structures and objects worthy of preservation, including human skeletal remains, graves, grave artifacts and grave markers,
relating to the State of West Virginia and the territory included
therein from the earliest times to the present upon its own
initiative or in cooperation with any private or public society,
organization or agency; to conduct a continuing survey and study
throughout the state to develop a state plan to determine the needs
and priorities for the preservation, restoration or development of
the sites, structures and objects; to direct, protect, excavate,
preserve, study or develop the sites and structures; to review all
undertakings permitted, funded, licensed or otherwise assisted, in
whole or in part, by the state for the purposes of furthering the
duties of the section; to carry out the duties and responsibilities
enumerated in the National Historic Preservation Act of 1966, as
amended, as they pertain to the duties of the section; to develop
and maintain a West Virginia state register of historic places for
use as a planning tool for state and local government; to cooperate
with state and federal agencies in archaeological work; to issue
permits for the excavation or removal of human skeletal remains,
grave artifacts and grave markers, archaeological and prehistoric
and historic features under the provisions of section 8a of this
article; and to perform any other duties as may be assigned to the
section by the commissioner.
(b) With the advice and consent of the Archives and History
Commission, the commissioner shall appoint a Director of the Historic Preservation section who shall have: (1) A graduate
degree in one of the social sciences or equivalent training and
experience in the field of historic preservation, archaeology, West
Virginia history or history; and (2) three years' experience in
administration in the field of West Virginia history, history,
historic preservation or archaeology. Notwithstanding these
qualifications, the person serving as the deputy state historic
preservation officer on the date of enactment of this article shall
be eligible for appointment as the Director of the Historic
Preservation Section. The Director of the Historic Preservation
Section shall serve as the deputy state historic preservation
officer.
(c) With the approval of the commissioner, the director shall
establish professional positions within the section and develop
appropriate organizational structures to carry out the duties of
the section. The director shall employ the personnel with
applicable professional qualifications to fill positions within the
organizational structure with the minimum professional
qualifications necessary to carry out the provisions of the
National Historic Preservation Act of 1966, as amended. At the
minimum, the following professions shall be represented within the
section staff: Historian, architectural historian, a structural
historian who specializes in historical preservation, an
archaeologist specializing in historic and prehistoric archaeology, and such technical and clerical positions as are required.
(d) The director shall promulgate rules with the approval of
the Archives and History Commission and in accordance with chapter
29A of this code concerning: (1) The professional policies and
functions of the historic preservation section; (2) the review of
and, when required, issuance of permits for all undertakings
permitted, funded, licensed or otherwise assisted, in whole or in
part, by the state as indicated in subsection (a) of this section,
in order to carry out the duties and responsibilities of the
section:
Provided, That solely for the purposes of this section,
funded, in whole or in part, by the state shall not include funding
from any county's general revenue fund regardless of whether or not
state funds are commingled with the county's general revenue fund;
(3) the establishment and maintenance of a West Virginia state
register of historic places, including the criteria for eligibility
of buildings, structures, sites, districts and objects for the
State Register and procedures for nominations to the State Register
and protection of nominated and listed properties; (4) the review
of historic structures in accordance with compliance alternatives
and other provisions in any state fire regulation, and shall
coordinate standards with the appropriate regulatory officials
regarding their application; (5) review of historic structures in
conjunction with existing state or local building codes and shall
coordinate standards with the appropriate regulatory officials for their application; and (6) any other rules as may be considered
necessary to effectuate the purposes of this article.
(e) Notwithstanding any rule or other provision of this code
to the contrary, a historic structure located in this state may not
be demolished prior to a review and the issuance of a permit for
the demolition by the commissioner.
NOTE: The purpose of this bill is to prohibit the demolition
of a historic structure prior to a review of and the issuance of a
permit for the undertaking by the Commissioner of the Division of
Culture and History.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.