§ 42-45-5 - Powers and duties.
SECTION 42-45-5
§ 42-45-5 Powers and duties. – (a) The commission shall:
(1) Establish criteria for evaluating historical,architectural, or cultural sites, buildings, places, landmarks, or areas so asto determine their value in terms of national, state, or local importance andto adjudge their worthiness for inclusion in the state register;
(2) Compile, maintain, and publish a state register ofhistorical, architectural, and cultural sites, buildings, places, landmarks,and areas which shall be revised every two (2) years. The state, a city ortown, or any subdivision or instrumentality thereof shall not undertake, fund,or license any activity which will encroach upon, damage, or destroy,physically, visually, or environmentally, any site, building, place, landmark,or area included in the state register without first obtaining the advice ofthe historical preservation and heritage commission. The commission shalladvise the party proposing an activity affecting any item in the state registerof its opinion in writing, together with any maps, drawings, photographs, ormaterial necessary to explain or support its advisory. If a written advisory isnot given within sixty (60) days of receipt of notice of a proposed activity,the commission shall be deemed to approve the proposal. If more than sixty (60)days are needed to evaluate a proposed activity and render an advisory,arrangements for a reasonable extension shall be made by the commission and theparty proposing the activity. Advisories rendered by the commission on anyproposed activity affecting an item on the state register shall be followedunless there are compelling reasons for not doing so. In these cases, astatement of the reasons, together with a copy of the commission's advisory,shall be submitted to the governor for final determination;
(3) Assist and advise the department of administration andother appropriate agencies designated by the governor in preparing that elementor elements of the state guide plan dealing with plans and programs for thepreservation of historic sites and structures.
(ii) There shall also be included in such state guide plan aprogram for preservation of historic landscapes, and state land-use planningwhich shall consider the impact of land-use on historic landscapes. To assistin preparation of those elements of the state guide plan dealing with thepreservation of historic landscapes, the commission shall prepare and maintaina statewide inventory of historic landscapes.
(4) Prepare statewide plans or programs for the preservationof sites or structures included in the state register which shall list themethods, practices, and procedures to be used in preserving or accordingrecognition to sites or buildings. The plans or programs shall be a part of thestate guide plan;
(5) Cause to be prepared plaques or markers made of somesuitable material to be erected on, or affixed to with the permission of theowner, in a conspicuous place, those sites or buildings determined worthy ofinclusion in the state register;
(6) Acquire or receive, by purchase, gift, or otherwise, withthe approval of the governor in the case of a gift and in accordance withchapter 6 of title 37 in other cases, land or any interest in land and/orbuildings which have been designated in the state register for the purpose ofpreserving the land and/or buildings; hold and maintain them, and give custodyof the acquisitions for the purpose of preserving, maintaining, or exhibitingthem to qualified nonprofit organizations with due regard for the interest ofthe state and the public in the property;
(7) Grant or loan funds to towns or cities or private groupsof funds made available therefor by the state or federal government, for thepurpose of acquiring, restoring, relocating, or otherwise preserving land orbuildings designated in the state register;
(8) Receive on behalf of the state such grants or loans asmay be made by the federal government or by private persons or groups for thepurposes of this chapter, and it shall be the designated agency of the state inapplying for these grants;
(9) Inventory and catalog all buildings, sites, objects, andartifacts of historical, architectural, or archaeological interest which arewithin the custody or jurisdiction of the departments and agencies of stategovernment. This inventory and catalog shall include buildings, ruins, andother structures, monuments, paintings, photographs, flags, furniture,clothing, military equipment and uniforms, archaeological materials, and allother articles of historic, architectural, or archaeological interest. Alldepartments and agencies will assist the commission in making this inventoryand catalog. The commission shall inform each department and agency of thoseitems contained in the inventory which are within its custody or jurisdictionby furnishing copies of the catalog or an extract thereof to each departmentand agency concerned. Copies of all amendments to the catalog, or extractsthereof, shall also be furnished to each department and agency concerned;
(10) Advise the department and agencies of state governmentof the appropriateness, suitability, proper procedures, and other safeguardswhich should be observed in preserving, displaying, or using items contained inthe catalog of articles of historic, architectural, or archaeological interest.When notified of any proposal to physically alter, change the location ormethod of storage, or change the manner of utilization or public accessibility,or to otherwise significantly affect any item listed in the catalog, thecommission shall advise the responsible agency in writing, accompanied by anymaps, drawings, photographs, or other explanatory material necessary. If awritten advisory is not given within sixty (60) days of receipt of a notice ofproposed action, the commission shall be deemed to approve the proposal. Ifmore than sixty (60) days are needed to evaluate a proposal and render anadvisory, arrangements for a reasonable extension shall be made by thecommission and the department or agency concerned. Advisories given by thecommission in accordance with this section shall be followed by the departmentor agency concerned unless there are compelling reasons for not doing so. Inthese cases, a statement of the reasons, together with a copy of thecommission's advisory, shall be submitted to the governor for determination;
(11) Survey the use or occupancy of all state-owned buildingsor sites which are of historic, architectural, or archaeological interest. Thecommission shall make recommendations to the director of administrationconcerning the appropriate use and availability of public access of eachbuilding and site, so that these may be utilized and displayed in a manner inkeeping with their historic, architectural, or archaeological value;
(12) Appoint a state review board from among its own membersand such other persons as it may desire, one of whom shall possess thebackground and qualifications of an historian, one of whom shall be anarchitect or architectural historian, and one of whom shall be an archaeologistas required by the office of archaeology and historic preservation in thenational park service. The state review board shall approve nominations to thestate and national registers of historic places, approve the removal ofproperties from either register, and otherwise act in an advisory capacity tothe historical preservation and heritage commission;
(13) To implement a state-owned historic properties program,to provide technical assistance to agencies with jurisdiction over historicproperties, and review proposed alterations to state-owned historic properties;the commission shall develop in conjunction herewith the educational materialsto implement these programs;
(14) To reorganize the operation of and assume thesupervisory responsibility for the following structures: the old State House,Benefit Street arsenal, Stephen Hopkins house (Providence), Bristol court house(Bristol), Kent County court house (East Greenwich). For purposes of thissubdivision, the commission shall appoint from its own members a historic sitesdivision which shall implement the duties of this subdivision;
(15) To promote heritage by sponsoring and or coordinatingheritage festivals; conducting and/or sponsoring heritage seminars,conferences, and symposiums; publishing scholarly and popular works relating tothe social, political, and cultural development of the state; coordinatingprograms with other private or public groups or agencies which will meet thecultural needs of Rhode Island's citizens; observing important events in thestate's history with suitable celebrations; and funding projects and programsof public or private groups or agencies which relate to the heritage of RhodeIsland and its people;
(16) To conduct a training course for newly appointed andqualified members and new designees of ex-officio members within six (6) monthsof their qualification or designation. The course shall be developed by thechair of the commission, approved by the commission, and conducted by the chairof the commission. The commission may approve the use of any commission orstaff members or other individuals to assist with training. It shall includeinstruction in the following areas: the provisions of chapters 25-15, 42-46,36-14 and 38-2; and the commission's rules and regulations. The director of thedepartment of administration shall, within ninety (90) days of the effectivedate of this act [July 15, 2005], prepare and disseminate trainingmaterials relating to the provisions of chapters 42-46, 36-14 and 38-2; and
(17) To submit within (90) days after the end of the fiscalyear an annual report to the governor, the speaker of the house ofrepresentatives, the president of the senate, and the secretary of state of itsactivities during that fiscal year. The report shall provide: an operatingstatement summarizing meetings or hearings held, including meeting minutes,subjects addressed, advisories rendered under subdivision (a)(2), advisoriesrendered for activities to be undertaken by departments and agencies of thestate under subdivision (a)(10), studies conducted, policies and plansdeveloped in order to assist other state agencies in preparing elements of thestate guide plan, plans or programs developed for the preservation of sites orstructures included in the state register, and any other programs administeredor initiated including any assistance or training provided agencies withjurisdiction over historic places; a consolidated financial statement of allfunds received and expended including the source of the funds, grants or loansto towns, cities or private groups, a listing of any staff supported by thesefunds, and a summary of any clerical, administrative or technical supportreceived, and a summary of any land or interest in land and/or buildingsreceived during the fiscal year; a review of the inventories complied asrequired in subdivisions (a)(2), (a)(3)(ii), and (a)(9); a summary ofperformance during the previous fiscal year including accomplishments,shortcomings and remedies; a synopsis of any legal matters related to theauthority of the commission; a summary of any training courses held pursuant tosubdivision (a)(16); a briefing on anticipated activities in the upcomingfiscal year; and findings and recommendations for improvements. The reportshall be posted electronically as prescribed in § 42-20-8.2. The directorof the department of administration shall be responsible for the enforcement ofthis provision.
(b) Whenever a public hearing on any project involving stateor local governmental funds or a federal grant or loan is held, notice of itshall be sent to any historic district commission in the city or town and tothe Rhode Island historical preservation and heritage commission, together witha map indicating the area and the type of project to be discussed at thehearing. Whenever an urban project plan is prepared through the use of, orcontemplating the use of, state or local governmental funds, a copy shall betransmitted to the Rhode Island historical preservation and heritage commission.