Sec. 10-409. (Formerly Sec. 10-320b). Historic Preservation Council. Appointment of members, duties and powers. Disclosure to public of location of archaeological sites. Development of model ballot fo
Sec. 10-409. (Formerly Sec. 10-320b). Historic Preservation Council. Appointment of members, duties and powers. Disclosure to public of location of archaeological sites. Development of model ballot for local historic districts. (a) With
respect to historical preservation, there is established within the Connecticut Commission on Culture and Tourism, established under section 10-392, an Historic Preservation
Council. The Historic Preservation Council shall consist of twelve members to be appointed by the Governor. On or before January fifth in the even-numbered years, the
Governor shall appoint six members for terms of four years each to replace those whose
terms expire. One of such members shall be the State Historian and one shall be the
State Archaeologist. Members shall be appointed in accordance with the provisions of
section 4-9a. No member shall serve for more than two consecutive full terms. Any
member who fails to attend three consecutive meetings or who fails to attend fifty per
cent of all meetings held during any calendar year shall be deemed to have resigned
from office. The Governor shall biennially designate one member of the council to be
chairperson. The Governor shall fill any vacancy for any unexpired portion of the term
and may remove any member as provided by section 4-12. No compensation shall be
received by the members of the council but they shall be reimbursed for their necessary
expenses. The Connecticut Commission on Culture and Tourism may, with the advice
of the Historic Preservation Council, (1) study and investigate historic structures and
landmarks in this state and encourage and recommend the development, preservation
and marking of such historic structures and landmarks found to have educational, recreational and historical significance; (2) prepare, adopt and maintain standards for a state
register of historic places; (3) update and keep current the state historic preservation
plan; (4) administer the National Register of Historic Places Program; (5) assist owners
of historic structures in seeking federal or other aid for historic preservation and related
purposes; (6) recommend to the General Assembly the placing and maintaining of suitable markers, memorials or monuments or other edifices to designate historic structures
and landmarks found to have historical significance; (7) make recommendations to the
General Assembly regarding the development and preservation of historic structures
and landmarks owned by the state; (8) maintain a program of historical, architectural,
and archaeological research and development including surveys, excavation, scientific
recording, interpretation and publication of the historical, architectural, archaeological
and cultural resources of the state; (9) cooperate with promotional, patriotic, educational
and research groups and associations, with local, state and national historical societies,
associations and commissions, with agencies of the state and its political subdivisions
and with the federal government, in promoting and publicizing the historical heritage
of Connecticut; (10) formulate standards and criteria to guide the several municipalities
in the evaluation, delineation and establishment of historic districts; (11) cooperate with
the State Building Inspector, the Codes and Standards Committee and other building
officials and render advisory opinions and prepare documentation regarding the application of the State Building Code to historic structures and landmarks if requested by
owners of historic structures and landmarks, the State Building Inspector, the Codes
and Standards Committee or other building officials; (12) review planned state and
federal actions to determine their impact on historic structures and landmarks; (13)
operate the Henry Whitfield House of Guilford, otherwise known as the Old Stone
House, as a state historical museum and, in its discretion, charge a fee for admission to
said museum and account for and deposit the same as provided in section 4-32; (14)
provide technical and financial assistance to carry out the purposes of this section and
sections 10-410 to 10-416, inclusive; (15) adopt regulations in accordance with the
provisions of chapter 54 for the preservation of sacred sites and archaeological sites;
and (16) inventory state lands to identify sacred sites and archaeological sites. The
commission shall study the feasibility of establishing a state museum of Connecticut
history at an appropriate existing facility. The Historic Preservation Council shall (A)
review and approve or disapprove requests by owners of historic properties on which
the commission holds preservation easements to perform rehabilitation work on sacred
sites and archaeological sites; (B) request the assistance of the Attorney General to
prevent the unreasonable destruction of historic properties pursuant to the provisions
of section 22a-19a; and (C) place and maintain suitable markers, memorials or monuments to designate sites or places found to have historic significance. The council shall
meet monthly. The Connecticut Trust for Historic Preservation may provide technical
assistance to the council.
(b) Notwithstanding the provisions of this section or section 1-210, the Connecticut
Commission on Culture and Tourism may withhold from disclosure to the public information relating to the location of archaeological sites under consideration for listing by
the commission or those listed on the National Register of Historic Places or the state
register of historic places whenever the commission determines that disclosure of specific information would create a risk of destruction or harm to such sites. The provisions
of this subsection shall not apply to any such site unless the person who reported or
discovered such site has submitted a written statement to the commission requesting
that no disclosure be made. Upon receipt of such statement, the commission may withhold such information from disclosure until the July first next succeeding such receipt.
Such person may request that a period of nondisclosure be extended by submitting such
statements prior to July first of any year.
(c) The Historic Preservation Council of the Connecticut Commission on Culture
and Tourism shall develop a model ballot form to be mailed by clerks of municipalities
on the question of creation of historic districts or districts as provided for in section 7-147a to 7-147k, inclusive.
(1955, S. 1892d; November, 1955, S. N177; February, 1965, P.A. 221, S. 1; 1971, P.A. 872, S. 202; 1972, P.A. 129,
S. 1; P.A. 73-599, S. 34; P.A. 75-316, S. 19; 75-371, S. 1, 10; P.A. 77-614, S. 284, 305, 610; P.A. 79-607, S. 12; P.A. 81-286, S. 1, 2; P.A. 82-432, S. 16, 19; P.A. 84-256, S. 3, 17; P.A. 89-368, S. 3; P.A. 91-135, S. 2; P.A. 95-250, S. 1; P.A.
96-211, S. 1, 5, 6; May 9 Sp. Sess. P.A. 02-7, S. 12; June 30 Sp. Sess. P.A. 03-6, S. 226; P.A. 04-205, S. 5; May Sp. Sess.
P.A. 04-2, S. 30.)
History: 1965 act included in commission's powers, the power to formulate standards and criteria for evaluation,
delineation and establishment of historic districts; 1971 act revised appointment date to be generally applicable rather to
apply to first appointments and substituted department of environmental protection for state park and forest commission;
1972 act gave commission power to operate Henry Whitfield House as state historical museum; P.A. 73-599 substituted
commissioner of commerce for Connecticut development commission; P.A. 75-316 substituted state library board for state
library committee; P.A. 75-371 substituted "historic structures and landmarks" for "historical sites and places" throughout
section and included powers re standards for Register of Historic Places, state historic preservation plan, National Register
of Historic Places Program, assisting owners of historic structures to obtain preservation aid, program of historical, architectural and archaeological research and development, application of state building code, review of planned actions' impact
on historic structures and landmarks and technical and financial assistance to carry out purposes of chapter; P.A. 77-614
substituted department of economic development for department of commerce and placed commission within education
department for administrative purposes, effective January 1, 1979; P.A. 79-607 included cooperation specifically with
state building inspector and state building code standards committee in Subdiv. (12); P.A. 81-286 added Subsec. (d)
empowering Historical Commission to withhold from public disclosure information re archaeological sites; P.A. 82-432
charged references from state building code standards committee to codes and standards committee; P.A. 84-256 amended
section to provide for appointments in accordance with Sec. 4-9a, limitations on member's terms and attendance requirements and feasibility study re museum of Connecticut history; P.A. 89-368 eliminated obsolete provision in Subsec. (a)
re termination of membership on July 1, 1987, and added Subsec. (b)(16) and (17) authorizing regulations for the preservation of sacred sites and archaeological sites and authorizing an inventory of sacred sites and archaeological sites on state
lands; P.A. 91-135 added Subsec. (e) regarding development of model ballot form for vote on creation of a local historic
district; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Economic Development with Commissioner and Department of Economic and Community Development; Sec. 10-321 transferred to Sec. 10-320b in 2001; May
9 Sp. Sess. P.A. 02-7 amended Subsec. (c) by placing the Connecticut Historical Commission within the State Library,
rather than the Department of Education, for administrative purposes only, effective August 15, 2002; June 30 Sp. Sess.
P.A. 03-6 replaced former Subsec. (a) re membership of Connecticut Historical Commission with new provisions re Historic
Preservation Council, redesignated existing Subsec. (b) as new Subsec. (a) and, within said Subsec., established membership
requirements and duties of Connecticut Commission on Arts, Tourism, Culture, History and Film with advice of council,
eliminated requirement that commission cooperate with Department of Economic and Community Development by providing data, facts and findings, established requirement that council review requests to perform rehabilitation work on properties on which commission holds preservation easements, permitted Connecticut Trust for Historic Preservation to provide
technical assistance to council and made technical and conforming changes, deleted former Subsec. (c) re commission
within State Library for administrative purposes only, and redesignated existing Subsecs. (d) and (e) as new Subsecs. (b)
and (c) and made conforming and technical changes therein, effective August 20, 2003; P.A. 04-205, effective June 3,
2004, and May Sp. Sess. P.A. 04-2, effective May 12, 2004, both replaced Connecticut Commission on Arts, Tourism,
Culture, History and Film with Connecticut Commission on Culture and Tourism; Sec. 10-320b transferred to Sec. 10-409 in 2005.
See title 2c re termination under "Sunset Law".
See Sec. 4-66aa re funding from land protection, affordable housing and historic preservation account.
See Sec. 4b-64 re notice of intent to dispose of, demolish or transfer state-owned structures more than fifty years old.
See Sec. 10-384 re designation of site as state archaeological preserve.