West Virginia Code § 29-1-8

Historic preservation section; director
Open in Lexace · Ask the AI about this section
(a) The purposes and duties of the historic preservation section are to locate, survey,
investigate, register, identify, preserve, protect, restore and recommend to the secretary for
acquisition historic, architectural, archaeological and cultural sites, structures and objects
worthy of preservation, including human skeletal remains, graves, grave artifacts and grave
markers, relating to the State of West Virginia and the territory included theerein from the
earliest times to the present upon its own initiative or in cooperation with any private or
public society, organization or agency; to conduct a continuing survey arnd study throughout
the state to develop a state plan to determine the needs and priorities for the preservation,
restoration or development of the sites, structures and objects; to direct, protect, excavate,
preserve, study or develop the sites and structures; to review all undertakings permitted,
funded, licensed or otherwise assisted, in whole or in part, bty the state for the purposes of
furthering the duties of the section; to carry out the duties and responsibilities enumerated
in the National Historic Preservation Act of 1966, as amended, as they pertain to the duties
of the section; to develop and maintain a West Virginia State Register of Historic Places for
use as a planning tool for state and local government; to cooperate with state and federal
agencies in archaeological work; to issue permits for the excavation or removal of human
skeletal remains, grave artifacts and grave markers, archaeological and prehistoric and
historic features under the provisions of §29-1-8a of this code; and to perform any other
duties as may be assigned to the section by the secretary.
(b) The secretary shall appointe a director of the historic preservation section who shall be
qualified, with relevant experience. The director of the historic preservation section shall
serve as the deputy statLe historic preservation officer.
(c) With the approval of the secretary, the director shall establish professional positions
within the section and develop appropriate organizational structures to carry out the duties
of the section. The director shall employ the personnel with applicable professional
qualifications to fill positions within the organizational structure with the minimum
proWfessional qualifications necessary to carry out the provisions of the National Historic
Preservation Act of 1966, as amended. At the minimum, the following professions shall be
represented within the section staff: Historian, architectural historian, a structural historian
who specializes in historical preservation, an archaeologist specializing in historic and
prehistoric archaeology and such technical and clerical positions as are required : Provided,
That nothing in this subsection shall prevent a qualified person from serving in multiple
professions within this section or any section listed in §29-1-1(b) of this code.
(d) The director shall promulgate rules with the approval of the secretary and in accordance
with §29A-3-1 et seq. of this code concerning: (1) The professional policies and functions of
the historic preservation section; (2) the review of and, when required, issuance of permits
for all undertakings permitted, funded, licensed or otherwise assisted, in whole or in part, by
the state as indicated in subsection (a) of this section in order to carry out the duties and
responsibilities of the section; (3) the establishment and maintenance of a West Virginia
State Register of Historic Places, including the criteria for eligibility of buildings, structures,
sites, districts and objects for the state Register and procedures for nominations to the state
Register and protection of nominated and listed properties; (4) the review of historic
structures in accordance with compliance alternatives and other provisions in any state fire
regulation and shall coordinate standards with the appropriate regulatory officials regarding
their application; (5) review of historic structures in conjunction with existing state or local
building codes and shall coordinate standards with the appropriate regulatory officials for
their application; and (6) any other rules as may be considered necessary toe effectuate the
purposes of this article.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.