CLG Basics

The Purpose of the Certified Local Government

The Certified Local Government program is designed to promote the preservation of prehistoric and historic sites, structures, objects, buildings, and historic districts by establishing a partnership between the local government and the Kansas Historic Preservation Office, a component of the Kansas State Historical Society, which seeks to encourage and expand local involvement in preservation issues. Some of the goals of the program are as follows:

1. Historic preservation issues should be understood and addressed at the local level and then integrated into the local planning and decision making processes at the earliest possible opportunity.

2. The interests and concerns of local governments should be integrated into the identification, evaluation, nomination, and protection processes of the Historic Preservation Office.

3. Information on local historic preservation issues should be provided to the Historic Preservation Office and to the public.

4. Historic preservation should be facilitated at the local level through the establishment of historic preservation commissions and programs.

5. The process employed in the Kansas Inventory of Historic Sites should be used to assist local communities to use in identifying and defining neighborhood development and conservation areas.

6. The built environment is a legacy that can enhance the attractiveness, quality of life, and economic viability of a community for its citizens and visitors.

Through their participation in the identification, evaluation, and protection of historic resources within their communities, Certified Local Governments can assume a leadership role in the preservation of their communities' prehistoric and historic resources, have a formal role in the National Register nomination process, participate in the establishment of state historic preservation objectives, and receive technical and advisory services from the Historic Preservation Office. A Certified Local Government also is eligible to apply annually to the Historic Preservation Office for subgrants from a designated Certified Local Government fund whenever such funds are available.

I.Requirements for Certification of Local Governments in Kansas

The National Historic Preservation Amendments Act of 1980 contains five broad standards, all of which must be met by a local government seeking certification. The federal standards are defined and amplified below.

A. The local government must establish an adequate and qualified historic preservation commission through a local ordinance.

1. Each Certified Local Government shall have a commission with a minimum of five members, whose geographic area of authority is coterminous with the boundaries of that local government's jurisdiction.

2. The commission shall be composed of both professional and lay members, all of whom have a demonstrated interest in historic preservation. Information on the credentials of the commission members must be kept on file and available to the public.

3. To participate fully in the program, at least two members of a five-member commission shall be drawn from the preservation-related professionals defined by the National Park Service. These professions currently include Archeology, Architectural History, Conservation, Cultural Anthropology, Curation, Engineering, Folklore, Historic Architecture, Historic Landscape Architecture, Historic Preservation Planning, Historic Preservation, and History. Additional professions may be added to this list in the future by the National Park Service. For commissions with a larger membership, the required ratio of professionals shall not be less than forty per cent. This requirement may be waived if the local government can provide written documentation to the Historic Preservation Office that it has made a reasonable effort to fill those positions. If the local government does not maintain this ratio of professional to non-professional commission members, it will need to consult with Historic Preservation Office staff before making design review recommendations or submitting nominations for consideration for the National Register of Historic Places.

4. The historic preservation commission shall review all proposed National Register nominations for properties within its jurisdiction. When a commission reviews a National Register nomination or other actions which are normally evaluated by a professional in a specific discipline and that discipline is not represented on the commission, the commission shall seek expertise in that area before rendering its decision. For example, an archeological site is normally evaluated by an archeologist, a building may be evaluated by an architectural historian or an architect. Local governments are encouraged to try to find qualified individuals with expertise in these disciplines to serve on their preservation commissions. If they cannot be found, commissions will need to explore the possibility of utilizing the services of consultants or other outside experts or work with the Historic Preservation Office to meet the need in another way.

5. Terms of office of commission members shall be staggered and of at least two years' duration. There need not be a limit on the number of consecutive terms served by one member.

6. The local appointing authority shall act within sixty days to fill a vacancy, including expired terms. The Historic Preservation Office shall be provided with the resumes and qualifications of new appointments.

7. The commission shall adopt rules of procedure or by-laws which shall be made available to the public. Included in the rules of procedure shall be sections which specify attendance requirements for members and which cover potential conflicts of interest situations unless those matters are already covered by other city ordinances.

8. All meetings of the commission shall be open to the public. Minutes shall be kept of each meeting and shall be available for public inspection. A copy of the minutes of each meeting shall be sent to the Historic Preservation Office at the same time that copies are distributed to commission members.

9. An annual report of the activities of the commission shall be submitted to the Historic Preservation Office. The report shall be due no later than August 1 and shall cover the period July 1 to June 30. Other reporting cycles may be established with local governments on a case by case basis. The report shall include, but is not limited to, such items as number and types of cases reviewed and their disposition, a list of new designations made during the year, changes in boundaries of any previous designations, resumes of new commission members, a list of all current members with their professional disciplines, attendance records, a list of educational meetings attended by commission members, and all minutes relating to National Register nominations.

10. The State Historic Preservation Officer may, at his discretion and by mutual written agreement with the local government, delegate further responsibilities to the Certified Local Government's preservation commission.

11. In order to stay current with developments in the field, each commission member is strongly encouraged to attend at least one informational or training meeting per year that pertains to fields associated with historic preservation or with the duties of local preservation commissions.

12. All responsibilities and duties assigned to local historic preservation commissions shall be complementary to and carried out in coordination with those assigned to the State in 36 C.F.R. 61.4 (b).

B. The local government must enforce appropriate state or local legislation for the designation and protection of historic properties. The purpose of the ordinance must be clearly stated.

1. The local government must observe any requirements placed on it by the protective clause of the State Historic Preservation Act (KSA 75-2724) and cooperate with the State Historic Preservation Officer in any matters arising under that statute.

2. The ordinance shall give the local preservation commission the authority to review and make recommendations upon all actions requiring building or demolition permits on properties listed on the National or Kansas Register of Historic Places. Although it is not required, the local government is encouraged to establish provisions for reviewing effects on locally designated properties as well. The nature and scope of the protections offered for properties on the local register shall be at the discretion of the local government.

3. The local ordinance shall contain specific time limits within which the commission and the applicant shall act for findings pertaining to properties listed on, or nominations to, the Kansas or National Register of Historic Places.

4. Provisions for enforcing decisions and a right of appeal must exist in the ordinance or in the general zoning ordinance.

5. A local ordinance which meets the requirements for certification of a local government may also meet the requirements for federal tax incentives. The state will, upon receipt of the appropriate request, recommend such certification to the National Park Service.

C. The local government must maintain a system for the survey and inventory of historic properties.

1. The Certified Local Government shall begin or continue a survey process approved by the Historic Preservation Office to identify historic properties within its jurisdiction. All survey and planning activities as well as other preservation responsibilities shall be carried out by the Certified Local Government in a manner consistent with the state's comprehensive historic preservation planning process which is available from the Kansas Historic Preservation Office.

2. The local ordinance shall give the local historic preservation commission the power to either designate local historic districts and individual landmarks or to recommend such designation to the city's governing body, which may retain final approval. The local ordinance shall clearly define a process and criteria for local landmark designation.

3. The Certified Local Government must maintain a detailed inventory of the districts, sites, or structures it has designated. All inventory materials shall be kept up to date.

4. All new surveys shall utilize the Kansas Historic Resources Inventory Reconnaissance Form for surveys.

5. All inventory materials shall be accessible to the public.

6. Duplicate copies of materials from all survey efforts conducted by the local government shall be provided the Historic Preservation Office unless already in the files of that department.

D. The local government shall provide for adequate public participation in the local historic preservation program, including the process of recommending properties for nomination to the National Register.

1. All meetings of commissions shall adhere to the provisions of the Kansas Open Meetings Law (KSA 75-4318).

2. Reasonably detailed minutes of all decisions and actions of the commissions, including the reasons for making those decisions, must be kept on file and available for public inspection.

3. All decisions by the commission shall be made in public forum and applicants shall be given written notification of decisions of the commission.

4. The local ordinance shall contain provisions requiring public hearing for all designation and design review matters.

E. Local governments shall satisfactorily perform the responsibilities listed in points A through D and those others specifically delegated to them under the Act by the State Historic Preservation Officer.