Historic Preservation Law FAQs

1. Question: What governmental entities are affected by the state preservation law?

Answer: The state and all state agencies, boards, institutions, offices, authorities, commissions, colleges, hospitals, etc., and any county, township, city, school district, special district, regional agency, redevelopment agency, and any other political subdivision of the state.

2. Question: Which properties are protected by this law?

Answer: Only those buildings, structures, sites, objects, and districts listed on the National Register of Historic Places or the Register of Historic Kansas Places and their environs.

3. Question: How can one determine what properties are listed on the National Register of Historic Places or the Register of Historic Kansas Places?

Answer: Call the Historic Preservation Office (HPO), at 785-272-8681, ext. 240 or email your request to Cultural Resources or cultural_resources@kshs.org.

4. Question: Who is the State Historic Preservation Officer (SHPO)?

Answer: Jennie Chinn, Executive Director, Kansas State Historical Society, 6425 SW Sixth Ave., Topeka, KS 66615-1099.

5. Question: To whom should questions and requests be addressed?

The Historic Preservation Office, Kansas State Historical Society, 6425 SW Sixth
Ave., Topeka, KS 66615-1099.

6. Question: What constitutes a project?

Answer: As defined in the 1981 amendment to the state's historic preservation law, a project is:
a. any activity directly carried out by state or local government entities;
b. any activities carried out by individuals, firms, organizations, etc., which receive financial assistance from any state agency or local government entity;
c. any activities involving the issuing of a lease, permit, license, or certificate by a government unit - including zoning changes.

7. Question: How can a city, county, or other governmental entity most easily comply with the requirements of this act?

Answer: Three things should be done:
1. Identify all recognized historic properties within its geographical jurisdiction.
2. Prepare a map indicating the boundaries of the historical properties with an indication of the 500 feet urban limits and the 1,000 feet rural limits, whichever is applicable.
3. Insure that adequate notice is provided to the SHPO of any project that may adversely affect any such historic property or its environs.

8. Question: When must a project be submitted to the SHPO for review?

Answer: When it has the potential to adversely affect an identified historic
property or its environs and it is located within 500 feet of an historic property
within city limits or within 1,000 feet in an unincorporated area. Adverse effects can occur under conditions which include, but are not limited to, the following:
a. destruction of all or part of the property; alteration of all or part of the
property;
b. isolation of the property from its surrounding environment;
c. introduction of visual, audible, or atmospheric elements that are out of character with the property or that alter its setting;
d. destruction or substantial alteration of all or part of the property's environs.
The law states that projects which "encroach upon, damage or destroy..." historic properties or their environs cannot proceed without the SHPO's review. To insure that no such actions occur, the HPO recommends that all projects which may possibly involve or affect historic properties in any way be submitted for review.

9. Question: Can the SHPO review projects beyond the notification limits of 500 feet and 1,000 feet now specified in the law?

Answer: Establishment of the notification limits does not preclude the SHPO from reviewing and commenting on projects that are of such size and consequence that they affect historic properties beyond those limits.

10. Question: How does a person notify the SHPO of a project?

Answer: An official, employee, consultant, or other representative of the governmental unit involved may send a letter to the SHPO describing the proposed project and request his comments in accordance with K.S.A. 75-2724, or in the case of a city which has been requested to issue a permit, the property owner may be required by the city to obtain the SHPO's review and comments. Depending on the nature of the project, photographs, drawings, maps, plans, specifications, historical documentation, or other available materials that would help to explain the project should be included. although written notice is necessary to initiate official review, telephone inquiries are encouraged as a means of checking with HPO staff on historic property locations, potential effects of a proposed project, project changes, etc. The SHPO recommends that contact be initiated with HPO staff in the very earliest stages of project planning to insure that proposed projects will not adversely affect historic properties or their environs.

11. Question: How will the SHPO investigate the project?

Answer: Depending on the type and complexity of the project, the SHPO and his staff may do some or all of the following:
a. analyze the plans, specifications, maps, photographs, and other forms of data explaining the proposed activity;
b. inspect the historic property that may be affected; hold a public hearing to gather information, determine local attitudes and explore alternatives;
c. request the advice of the Kansas Historic Sites Board of Review; conduct historical, architectural, or archeological research;
d. consult with recognized authorities in history, architecture, architectural history, archeology, or other relevant fields.

12. Question: How long will it take the SHPO to review a project?

Answer: According to the law, the SHPO's investigation of a project must begin within 30 days following his notification. If it doesn't, the project is considered to be cleared. Any public hearing must be held within 60 days of receipt of notice of a project. As a rule, HPO staff will study the project information within ten working days after it is submitted. If more material is needed, it will be requested, and the investigation will not proceed until sufficient information is obtained for the SHPO to make a decision. Most project reviews can be concluded within fifteen working days.

13. Question: What decisions can the SHPO make on a proposed project?

Answer: Legally, he has only two options. He may determine that the project as proposed will have no adverse effects on the historic property and clear it, or he may determine that it will "encroach upon, damage, or destroy..." the historic property or its environs. Unofficially, prior to the SHPO's rendering of the second opinion, HPO staff will try to work with the project sponsor to make adjustments in the project that will avoid adverse effects to historic properties and alter the project so that it may be approved. If changes cannot be made, the SHPO may then formally send a letter to the project sponsor in which he "determines that such proposed project will encroach upon, damage, or destroy..." an historic property.

14. Question: What is the result of the SHPO's determination of an adverse effect?

Answer: The project cannot proceed until
1. the governor, in the case of a state project, or the governing body of the local political subdivision involved, has determined after consideration of all relevant factors that no "feasible and prudent alternative" exists to the proposed project and that the project contains provisions to minimize damage to historic properties and;
2. five day's notice of such determination has been given to the SHPO by certified mail.

15. Question: Is there any appeal from a local governing body's determination of "no feasible alternative?"

Answer: Yes. Anyone aggrieved by such a decision may appeal it to the district court having jurisdiction in the county where the affected historic property is located.

16. Question: What happens if a state agency or local governing body decides to ignore the requirements?

Answer: Enforcement can be sought in the district court having jurisdiction where the violation occurred or is threatened. Those having standing to bring action in court include the state, all political subdivisions having the capacity to sue or be sued, the Kansas State Historical Society, and city and county historical societies which have been organized for two years, have elected officers and have received compensation, funds, or reimbursements from a city or county.

17. Question: What are the penalties for carrying out projects without first obtaining the required review?

Answer: A 1988 amendment to the state preservation law provides that fines up to $25,000 and other relief may be sought in district court by the attorney general against persons or entities who implement projects that encroach upon, damage, or destroy historic properties before seeking and obtaining required building or demolition permits. Thus, persons or entities cannot with impunity neglect to obtain a city building or demolition permit in order to avoid review by the SHPO.