State Historic Preservation Office
Guidelines for North Carolina's Certified Local Government Program*
VI. Participation of Certified Local Governments in the
National Register Nominations Process

In accordance with the National Historic Preservation Amendments Act of 1980, the CLG shall submit comments to the HPO regarding the eligibility of each property or district within its jurisdiction which is proposed for nomination to the NRHP. These comments shall contain the evaluation of the property according to the NRHP criteria by the local historic preservation commission and the chief local elected officials, the latter acting on behalf of the local governing board. The comments may be as simple as affirmative statements that, in their opinion, the property is eligible. Local governing boards and local commissions are encouraged to submit any other comments they feel are relevant. Comments may be submitted on forms provided by the HPO. If the chief local elected official and the local historic preservation commission agree that the property does not meet NRHP criteria, the commission shall submit a finding indicating how it does not. The CLG will be involved in the NRN process in the following manner:

  1. The SHPO shall receive completed NRNs.

  2. If a property to be nominated lies within the jurisdiction of a CLG, the HPO shall transmit copies of the nomination to the local historic preservation commission and the chief local elected official within thirty (30) days after the HPO has determined that the nomination is complete and accurate and at least sixty (60) days prior to consideration by the State Professional Review Committee (SPRC).

  3. Concurrently, the HPO shall notify the property owner(s) that the nomination has been completed.

  4. The local historic preservation commission and the chief local elected official, the latter acting on behalf of the local governing board, shall separately notify the SHPO and the applicant as to their opinions in regard to the proposed nomination within sixty (60) days of receipt of the nomination materials.1 If the CLG does not respond within sixty (60) days, approval of the nomination will be assumed. With the concurrence of the CLG, the SHPO may specify a briefer review period in order to expedite the nomination process.

  5. When a commission considers a NRN for a resource (such as an archaeological site, or a building or district possessing historical and/or architectural significance), which is normally evaluated by a professional in a specific discipline (such as an archaeologist, architect or architectural historian, or historian) and that discipline is not represented on the commission, the commission shall seek expertise in this area before rendering its decision. When considering nominations in such cases, the commission is encouraged to seek the assistance of professionals in the community or region, such as college or university faculty or museum staff.

    Commissions may wish to explore the possibility of sharing professional expertise among several communities. Commissions may also seek the assistance of either the Archaeology or Survey and Planning branches of the DAH. Professionals consulted for opinions on eligibility should meet the standards in 36 CFR 61 (see Appendix).

  6. During the 60-day period, the CLG shall provide a reasonable opportunity for public comment. The measures to be taken will be in accord with the CLG Certification Agreement. The CLG shall submit a record of the measures taken to notify the public and the comments received.

  7. In the event that both the historic preservation commission and the chief local elected official recommend that the property is eligible and should be nominated to the NRHP, the SHPO shall place the proposed nomination before the SPRC for consideration at the earliest possible quarterly meeting.

  8. In the event that either the historic preservation commission or the chief local elected official does not agree that the property is eligible and should be nominated to the NRHP, the SHPO will place the proposed nomination before th SPRC for consideration at the earliest possible quarterly meeting. The SPRC will be informed of the CLG's comments.

  9. In the event that both the historic preservation commission and the chief local elected official agree that the property should not be nominated to the NRHP, the CLG will return the nomination materials to the SHPO, who shall take no further action unless, within thirty (30) days of the return of such nomination materials, a written appeal is filed by a third party with the HPO. If such an appeal is filed, the SHPO shall place the nomination before the SPRC for consideration at the earliest possible quarterly meeting and shall inform the SPRC of the CLG's objections.

  10. After a nomination is approved by the SPRC, the HPO shall transmit it to the NRHP with the comments and opinions of the chief local elected official and the local historic preservation commission, together with any appeal which may have been filed.

  11. In order to expedite the nomination process, an applicant may submit a completed nomination, concurrently to the CLG and the SHPO. Within sixty (60) days, the chief local elected official and the local historic preservation commission shall submit their comments and opinions regarding the proposed nomination to the SHPO and the applicant. The CLG shall ensure that a reasonable opportunity for public comment on the nomination has been provided. After the SHPO has verified that the nomination is complete and accurate, he/she will place the nomination before the SPRC for consideration at the earliest possible quarterly meeting, following the mandatory owner notification procedures.

  12. The SHPO may, at his/her discretion and by mutual written agreement with the CLG, delegate further responsibilities for NRNs to the CLG except for the authority to review and nominate properties directly to the NRHP. Local governments may petition to assume responsibility for preparing NRNs if they have sufficient and qualified staff. Staff qualifications shall be consistent with the standards established in 36 CFR 61 (see Appendix).

1 Although the federal regulations governing the CLG program call for the chief local elected official to provide comments on proposed NRNs within the jurisdiction of a CLG, North Carolina law stipulates that the mayor or chairman of the board of county commissioners may act only in an administrative capacity on behalf of the local governing board. If a CLG has doubts about the legality of the chief elected official assuming sole responsiblity for comments on proposed NRNs, it may wish to consider two alternatives: 1) having the governing board review each nomination; or 2) having the governing board pass a resolution granting the chief elected official the authority to furnish comments on behalf of the governing board. The SHPO shall provide CLGs with the wording for such a resolution upon request.

* Reproduced for the City of Washington Department of Planning and Development Website from the January 1992 revision of this document.
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