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subch. II of ch. 44 SUBCHAPTER II
HISTORIC PRESERVATION PROGRAM
44.30 44.30 Public policy. The legislature finds that the historic, architectural, archaeological and cultural heritage of the state is among the most important assets of the state and furthermore that the social, economic and physical development of contemporary society threatens to destroy the remaining vestiges of this heritage. It is therefore declared to be the public policy and in the public interest of this state to engage in a comprehensive program of historic preservation to promote the use and conservation of such property representative of both the rural and urban heritage of the state for education, inspiration, pleasure and enrichment of the citizens of this state.
44.30 History History: 1987 a. 395 s. 24.
44.31 44.31 Definitions. In this subchapter:
44.31(1) (1) "Adverse effect" means any of the following:
44.31(1)(a) (a) Physical destruction, damage or alteration of any part of a property which would adversely affect the historic significance of that property.
44.31(1)(b) (b) Isolation of a property from or alteration of the character of the property's setting when that character contributes to the property's qualification as a listed property.
44.31(1)(c) (c) Introduction of visual, audible or atmospheric elements that are out of character with a property or alter its setting.
44.31(1)(d) (d) Neglect of a property resulting in its deterioration or destruction.
44.31(1m) (1m) "Director" means the director of the historical society.
44.31(2) (2) "Historic preservation" means the research, protection, restoration and rehabilitation of historic properties.
44.31(3) (3) "Historic property" means any building, structure, object, district, area or site, whether on or beneath the surface of land or water, that is significant in the history, prehistory, architecture, archaeology or culture of this state, its rural and urban communities or the nation.
44.31(4) (4) "Listed property" means property which is listed on the national register of historic places in Wisconsin or the state register of historic places, or both.
44.31(5) (5) "National register of historic places in Wisconsin" means those places in Wisconsin which are listed on the national register of historic places maintained by the U.S. department of the interior.
44.31(6) (6) "Political subdivision" means a city, village, town or county.
44.31(7) (7) "Officer" means the state historic preservation officer.
44.31(8) (8) "Owned or leased" includes:
44.31(8)(a) (a) An ownership interest involving the holding of title.
44.31(8)(b) (b) A leasehold interest.
44.31(8)(c) (c) Ownership of a beneficial interest.
44.31(8)(d) (d) Any beneficial use not involving the holding of title.
44.31(10) (10) "State agency" means any office, department, independent agency, or attached board or commission within the executive branch of state government, or any special purpose authority created by statute.
44.31(11) (11) "State review board" means the historic preservation review board.
44.31(12) (12) "Wisconsin inventory of historic places" or "the inventory" means the listing of places that have been identified by the officer as being of some historic significance.
44.31 History History: 1987 a. 395 ss. 25 to 27, 35; 1989 a. 31.
44.32 44.32 Officer. The director or his or her designee shall serve as the state historic preservation officer.
44.32 History History: 1987 a. 395 s. 28.
44.33 44.33 Duties of the state review board. The state review board shall:
44.33(1) (1) Approve, upon the recommendation of the officer, nominations to the national register of historic places in Wisconsin and the state register of historic places.
44.33(2) (2) Review the state surveys and inventories of historic properties undertaken under s. 44.34.
44.33(3) (3) Review and approve the content of the state preservation plan developed under s. 44.34.
44.33(4) (4) Review and approve the distribution of federal grants-in-aid for preservation.
44.33(5) (5) Recommend the removal of properties from the national register of historic places in Wisconsin or the state register of historic places.
44.33(6) (6) Act in an advisory capacity to the state historical society.
44.33(7) (7) Notify planning departments of affected political subdivisions, local landmarks commissions and local historical societies regarding properties being considered for nomination to the national register of historic places in Wisconsin or the state register of historic places that are within their jurisdictions, and request them to forward comments regarding nominations from affected neighborhood groups, public bodies and interested citizens.
44.33 History History: 1987 a. 395 s. 29.
44.34 44.34 Duties of the state historical society. The state historical society shall:
44.34(1) (1) Conduct an ongoing statewide survey to identify and document historic properties, including all those owned by the state, its instrumentalities and political subdivisions.
44.34(2) (2) Prepare, update and maintain the Wisconsin inventory of historic places.
44.34(3) (3) Maintain, publish and disseminate the national and state registers of historic places in Wisconsin and lists or descriptions of properties in the national and state registers of historic places in Wisconsin which may be of interest to the general public.
44.34(4) (4) Serve as the state's principal agency for administration of historic preservation activities and programs of the federal government and maintain the state's eligibility to participate in the programs.
44.34(5) (5) Prepare the state preservation plan and annually review it.
44.34(6) (6) Undertake a program of technical assistance to localities and private parties in furtherance of local and private historic preservation programs.
44.34(7) (7) Administer and distribute grants-in-aid using federal funds in furtherance of preservation and restoration of historic properties in accordance with federal law and regulations of the federal government.
44.34(8) (8) Cooperate with federal, state, and local government agencies in the planning and conduct of specific undertakings affecting historic properties and preservation objectives, and in overall land use planning.
44.34(9) (9) Cooperate with local landmarks commissions and historical societies in coordinating their activities with the state plan and programs for historic preservation.
44.34(10) (10) Review and comment upon those actions of any state agency or political subdivision which may have an adverse effect upon historic properties and ameliorate the adverse effects, if any, in the manner specified in ss. 44.39 to 44.42.
44.34(11) (11) Certify historic preservation ordinances.
44.34(12) (12) Prepare and distribute to all cities, villages and counties, no later than January 1, 1992, a model historic preservation ordinance.
44.34 History History: 1987 a. 395 s. 30; 1989 a. 290; 1991 a. 39; 1999 a. 9; 2001 a. 16.
44.36 44.36 State register of historic places.
44.36(1) (1) State register. The state historical society shall maintain, publish and disseminate the state register of historic places.
44.36(2) (2)Criteria of significance.
44.36(2)(a)(a) The state register of historic places shall include districts, sites, buildings, structures and objects which are significant in national, state or local history, architecture, archaeology, engineering and culture. The quality of significance is present in districts, sites, buildings, structures and objects that possess integrity of location, design, setting, materials, workmanship, feeling and association and that satisfy any of the following conditions:
44.36(2)(a)1. 1. Association with events that have made a significant contribution to the broad patterns of history.
44.36(2)(a)2. 2. Association with the lives of persons significant in the past.
44.36(2)(a)3. 3. Embodiment of the distinctive characteristics of a type, period or method of construction or that represent the work of a master or that possess high artistic values.
44.36(2)(a)4. 4. Representation of a significant and distinguishable entity whose components may lack individual distinction.
44.36(2)(a)5. 5. Yielding, or likely to yield, information important in prehistory or history.
44.36(2)(b) (b) No cemetery, birthplace or grave of a historical figure, property owned by a religious institution or used for religious purposes, reconstructed historic building, property primarily commemorative in nature or property that has achieved significance within the past 50 years may be considered eligible for the state register of historic places unless it is an integral part of a district that meets the criteria of significance under par. (a) or unless it falls within at least one of the following categories:
44.36(2)(b)1. 1. A religious property deriving primary significance from architectural or artistic distinction or historical importance.
44.36(2)(b)2. 2. A birthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building directly associated with his or her productive life in the vicinity of that birthplace or grave.
44.36(2)(b)3. 3. A cemetery which derives its primary significance from the grave of a person of transcendent importance, age, distinctive design features or association with historic events.
44.36(2)(b)4. 4. A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan and when no other building or structure with the same association has survived.
44.36(2)(b)5. 5. A property primarily commemorative in intent if design, age, tradition or symbolic value has invested it with its own exceptional significance.
44.36(2)(b)6. 6. A property achieving significance within the past 50 years if it is of exceptional importance.
44.36(3) (3)Procedures. The state historical society shall promulgate by rule procedures for nominations to and removals from the state register of historic places. The procedures shall be consistent with and, to the extent possible, shall be coordinated with the procedures for nominations to and removals from the national register of historic places maintained by the U.S. department of the interior. The rules shall include standards for documenting nominations to the state register.
44.36(4) (4)Nominations.
44.36(4)(a)(a) Any person may nominate a district, site, building, structure or object to the state register of historic places.
44.36(4)(b) (b) The state historical society may reject any nomination which is not adequately documented.
44.36(4)(c) (c) A nomination to the state register of historic places does not constitute a nomination to the national register of historic places.
44.36(5) (5)State register of historic places.
44.36(5)(a)(a) The state historical society shall include in the state register of historic places:
44.36(5)(a)1. 1. Any property listed in the national register of historic places in Wisconsin on January 1, 1989.
44.36(5)(a)2. 2. Any property nominated and approved under this section.
44.36(5)(a)3. 3. Any property nominated under this section if the nomination is accompanied by a request for interim listing and the officer determines, based on evidence submitted with the nomination, that the state review board is reasonably likely to approve the nomination under s. 44.33 (1). An interim listing under this subdivision expires on the first day of the 12th month after it is first included in the state register of historic places and is not renewable.
44.36(5)(b) (b) The list of properties in the state register of historic places is not a rule under s. 227.01 (13). The state historical society shall publish the list of properties on the state register of historic places in the Wisconsin administrative code as an appendix to the rules promulgated under this section.
44.36 History History: 1987 a. 395.
44.39 44.39 State agency cooperation.
44.39(1) (1) Lead agency. The state historical society shall serve as the central unit of state government to coordinate the activities of all state agencies in connection with historic properties, to serve as the repository of information concerning historic properties owned or leased by the state, to collect and disseminate to state agencies information concerning appropriate means for managing and improving historic properties and to take any other action necessary to implement this section and ss. 44.40 and 44.41.
44.39(2) (2)Identification of affected state agencies. The state historical society shall identify every state agency which has any power or duty under s. 44.40 or 44.41 and shall notify each identified state agency of its powers and duties.
44.39(3) (3)Appointment of state agency historic preservation officer; duties. Every state agency notified under sub. (2) shall appoint one of its employees or officers, who has authority in the agency to affect the management of that agency's resources and to directly influence that agency's decision making, to serve as that agency's historic preservation officer. That state agency historic preservation officer shall coordinate all functions of that state agency related to historic properties and shall serve as the liaison between that state agency and the state historical society.
44.39(4) (4)Cooperation. All state agencies shall cooperate with each other and with the state historical society to achieve the objectives of ss. 44.39 to 44.41.
44.39(5) (5)Waiver of compliance.
44.39(5)(a)(a) If the department of health services or the department of corrections determines that public safety may be jeopardized by compliance with any requirement of this section or s. 44.40 or 44.41, the department may request a waiver of compliance from the building commission. The building commission may grant the waiver of compliance.
44.39(5)(b) (b) If a waiver of compliance is granted by the building commission under par. (a), the applicable agency shall notify the officer of any proposed action to be taken under the waiver that may affect a historic property. The officer shall be notified at least 30 days before the proposed action is taken and, during the period before the proposed action is taken, the applicable agency shall allow the historical society to document the condition of the historic property.
44.40 44.40 State agency decisions; negotiation.
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2011-12 Wisconsin Statutes updated though 2013 Wis. Act 380 and all Supreme Court Orders entered before June 30, 2014. Published and certified under s. 35.18. Changes effective after July 1, 2014 are designated by NOTES. (Published 7-1-14)