58-1307. Same; historic facilities; duties of state historic preservation officer; review of state action.
58-1307
58-1307. Same; historic facilities; duties of state historic preservationofficer; review of state action.(a) Any governmental entity undertaking an addition to or alteration of aqualified historic facility, as defined in section 504(c) of the Americansdisabilities act of 1990 as required by Title II, shall follow 28 CFR Part35.150(b)(2) and 35.150(d).
(b) Any person undertaking an addition to or alteration of a qualifiedhistoric facility, as defined in section 504(c) of the Americans withdisabilities act of 1990 as required by Title III, shall follow 28 CFR Part36.405.
(c) Any consultation for alternative methods of access with the statehistoric preservation officer required by 28 CFR Part 35.150(b)(2) or 35.150(d)or 28 CFRPart 36.405 shall include descriptions of alternative methods of providingaccess, one copy of the facility plans, with dimensions, for the applicableareas of the addition or alteration, and photographs of the existingconditions.
(d) In addition to subsection (c), the state historic preservation officershall solicit additional information from the requestor and perform an on-siteinspection of the qualified historic facility.
(e) The state historic preservation officer shall initiate consultation andevaluation of properly submittedrequests within 30 days from the date the request was received.
(f) Any action by a state officer or agency pursuant to thissection issubject to review in accordance with the act for judicial review and civilenforcement of agency actions. Any action pursuant to this section by any otherperson or entity is subject to review by the district court of the county wherethe facility is located.
History: L. 1978, ch. 213, § 5;L. 1986, ch. 208, § 5; L. 1986, ch. 318, § 79;L. 1992, ch. 208, § 9;L. 1994, ch. 195, § 7; July 1.