ENROLLED
Senate Bill No. 262
(By Senator Snyder)
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[Passed April 9, 2009; in effect ninety days from passage.]
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AN ACT to amend and reenact §29-1-8 of the Code of West Virginia,
1931, as amended, relating to removing language that prohibits
the state from using a county's General Revenue Fund for
historic preservation.
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 eight-a 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. 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
twenty-nine-a 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; (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.