§ 121-8. Historic preservation program.
§ 121‑8. Historicpreservation program.
(a) HistoricPreservation Agency Designated. The historic preservation agency of the Stateof North Carolina shall be the Department of Cultural Resources.
(b) Surveys of HistoricProperties. The Department of Cultural Resources shall conduct a continuingstatewide survey to identify, document, and record properties havinghistorical, architectural, archaeological, or other cultural significance tothe State, its communities, and the nation. Upon approval of the North CarolinaHistorical Commission, the Deputy Secretary of Archives and History or hisdesignee as the State Historic Preservation Officer, may nominate appropriateproperties for entry in the National Register of Historic Places as establishedby the National Historic Preservation Act of 1966, Public Law 89‑665, 16U.S.C. section 470. The Department of Cultural Resources shall maintain apermanent file containing research reports, descriptions, photographs, andother appropriate documentation relating to properties deemed worthy ofinclusion in the statewide survey.
(c) Statewide HistoricPreservation Plan. The Department of Cultural Resources shall prepare andrevise as needed a State plan for historic preservation, which plan, whenapproved by the North Carolina Historical Commission, shall constitute officialState policy for the preservation, or the encouragement of the preservation, ofimportant historic, architectural, archaeological, and other culturalproperties in North Carolina.
(d) Cooperation withFederal Government. The Department of Cultural Resources and/or theDepartment of Administration may enter into and carry out contracts with thefederal government or any agency thereof under which said government or agencygrants financial or other assistance to the Department of Cultural Resources tofurther the purposes of this Chapter. Either of the Departments may agree toand comply with any reasonable conditions not inconsistent with State law whichare imposed on such grants. Such grants or other assistance may be acceptedfrom the federal government or an agency thereof and expended whether or notpursuant to a contract.
(e) Cooperation withLocal Governments. The Department shall, within the limits of staff andavailable funds, cooperate with and assist counties, cities, municipalities,and other subdivisions of government, and, where appropriate, privateindividuals and organizations, in promoting historic preservation to the endthat important properties which are not owned by the State may be preserved orencouraged to be preserved. Such cooperation and assistance may include but notbe limited to reviewing historic preservation plans, evaluating historicproperties, and providing technical, financial and professional assistance. TheDepartment may further enter into and carry out contracts with localgovernments or their agencies and with any private party to further thepurposes of this Article.
(f) ContinuingPrograms. The Department of Cultural Resources shall develop a continuing programof historical, architectural, archaeological, and cultural research anddevelopment to include surveys, excavation, salvage, preservation, scientificrecording, interpretation, and publication of the State's historical,architectural, archaeological, and cultural resources. A reasonable charge maybe made for publications resulting therefrom and the income from such sales maybe devoted to the work of the Department.
(g) AbandonedCemeteries. The Department of Cultural Resources is authorized to takeappropriate measures to record and permanently preserve information ofsignificant historical genealogical or archaeological value when, in theopinion of the Department, any such information located within an abandonedcemetery is in imminent danger of loss or destruction because of the conditionor circumstances of the cemetery. The Department may obtain access to anyabandoned cemetery for the purpose of recording and preserving information ofsignificant historical, genealogical or archaeological value pursuant toChapter 15, Article 4A of the General Statutes: Provided, that prior to therequesting of the administrative warrant, the Department shall contact theaffected landowners and request their consent for access to their lands for thepurpose of gathering such information. If consent is not granted, theDepartment shall give reasonable notice of the time, place and before whom theadministrative warrant will be requested so that the owner or owners may havean opportunity to be heard. Service of this notice may be in any mannerprescribed by N.C.G.S. 1A‑1 Rule 4(j). Any measures taken by theDepartment pursuant to this subsection shall be effected in such a manner as tocause as little inconvenience or disruption as possible to the owners of the landupon which the abandoned cemetery is located and of land necessary to obtainaccess to the cemetery. (1973, c. 476, s. 48; 1981, c. 215; 1989, c. 65; 2002‑159, s.35(h).)