8 CCR 1504-10-13 - APPEALS
13.1 Any Owner or any duly authorized
representative of an Owner may appeal any final determination made by a
Reviewing Entity to the Historical Society including, without limitation, any
denials of applications for preliminary or final approval. The Owner or the
Owner's representative shall submit an appeal in writing within thirty (30)
days after receipt by the Owner or the Owner's representative of the final
determination at issue.
13.2 The
Historical Society will review an appeal and issue its decision within ninety
(90) days of receipt of the appeal.
13.3 An appeal from a decision of the
Historical Society shall be reviewed by the Archaeology and Historic
Preservation Committee of the Board of the State Historical Society, except for
those appeals governed by section 13.4 of these Rules.
13.4 Appeals of decisions that a property is
not a Contributing Property: These appeals shall follow the same timelines as
other appeals. In the appeal, the applicant must provide additional information
to the Reviewing Entity about the significance of the property and request a
final review on the basis of the additional information. If the property at
issue has never been specifically designated as a Contributing Property, but is
one that falls within a designated local historic district, the appeal will be
heard by the Certified Local Government. If the property at issue is one that
was specifically designated as a Non-Contributing Property by local ordinance
or in a State Register of Historic Properties or National Register of Historic
Places nomination, then the applicant may not appeal the decision pursuant to
these Rules, but must work with the entity that made the designation to amend
the designation following the amendment procedures of the designating
entity.
Notes
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