New Hampshire Revised Statutes 227-C:5 – Rulemaking
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The commissioner of natural and cultural resources shall adopt rules, under N.H. Rev. Stat. Chapter 541-A and subject to ratification by the state historical resources council, relative to:
I. Identifying and documenting historic properties, as authorized by this chapter.
II. Preparing the state’s historic preservation plan, as authorized by N.H. Rev. Stat. § 227-C:4, II.
III. Providing information on historic properties within the state to agencies of the federal, state, regional and local governments, as authorized by N.H. Rev. Stat. § 227-C:4, III.
IV. Coordinating regional and local government activities with the state historic preservation plan and programs, as authorized by N.H. Rev. Stat. § 227-C:4, VI.
V. Providing technical and financial assistance to regional and local governments involved in historic preservation activities, as authorized by N.H. Rev. Stat. § 227-C:4, VII.
VI. Developing an ongoing program of historical, architectural and archeological research and development, including publication of the state’s historic resources, as authorized by N.H. Rev. Stat. § 227-C:4, IX.
VII. Accepting moneys for historic preservation from public and private sources, as authorized by N.H. Rev. Stat. § 227-C:4, IV.
VIII. Categories of field investigations that may yield or alter historic resources, as authorized by N.H. Rev. Stat. § 227-C:7, II.
IX. Standards for the conduct of field investigations, as authorized by N.H. Rev. Stat. § 227-C:7, I.
X. Qualification criteria for professional and avocational archeologists for all established categories of field investigations, as authorized by N.H. Rev. Stat. § 227-C:7, II.
XI. Training and certifying avocational archeologists, as authorized by N.H. Rev. Stat. § 227-C:10.
XII. Employing and otherwise engaging avocational archeologists, as authorized by N.H. Rev. Stat. § 227-C:3, V.
XIII. Employing consultants, as authorized by N.H. Rev. Stat. § 227-C:3, III.
XIV. Issuance, revocation, suspension and extension of permits, as authorized by N.H. Rev. Stat. § 227-C:7, IV.
XV. The terms of a permit, as authorized by N.H. Rev. Stat. § 227-C:7, IV.
XVI. Fair and equitable allocation and distribution of historic resources recovered from a permitted field investigation, as authorized by N.H. Rev. Stat. § 227-C:8, III.
XVII. Preservation agreements for the protection of historic resources released in private custody, as authorized by N.H. Rev. Stat. § 227-C:8, IV.
XVIII. Temporary loans of historic resources to qualified persons or institutions within or outside the state, as authorized by N.H. Rev. Stat. § 227-C:8, I(d).
XIX. Procedures for the conduct of hearings consistent with due process, as authorized by N.H. Rev. Stat. § 227-C:7, V.
XX. Sale or transfer of real property, as authorized by N.H. Rev. Stat. § 227-C:9, III.
XXI. Creation and organization of advisory councils, as authorized by N.H. Rev. Stat. § 227-C:3, IV.
XXII. Approval of highway historical markers, as authorized by N.H. Rev. Stat. § 227-C:4, X.
XXIII. Listing historic districts established under N.H. Rev. Stat. § 674:46.
XXIV. Standards for the conduct of the archaeological discovery, investigation, analysis, and disposition of human remains.
XXV. Acquisition, disposal, care, and interpretation of objects of historical significance.
XXVI. Administering the state heritage landmark designation review process established under N.H. Rev. Stat. § 227-C:24-26.
I. Identifying and documenting historic properties, as authorized by this chapter.
Terms Used In New Hampshire Revised Statutes 227-C:5
- Commissioner: means the commissioner of the department of natural and cultural resources or his designee. See New Hampshire Revised Statutes 227-C:1
- Council: means the state historical resources council. See New Hampshire Revised Statutes 227-C:1
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Field investigation: means the search for, identification of, and evaluation of historic resources, and the study of the traces of human culture at any land or underwater historic property, by means of inspection, surveying, digging, excavating, or removing surface or subsurface objects, or going onto a site with that intent. See New Hampshire Revised Statutes 227-C:1
- Historic preservation: means the research, excavation, protection, restoration and rehabilitation of buildings, structures, objects, districts, areas and sites significant in the history, architecture, archeology, or culture of this state, its communities, or the nation. See New Hampshire Revised Statutes 227-C:1
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- remains: means any part of the body of deceased human being in any stage of decomposition, together with any artifacts or other materials known or reliably assumed to have been on or interred with the deceased human being. See New Hampshire Revised Statutes 227-C:1
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
II. Preparing the state’s historic preservation plan, as authorized by N.H. Rev. Stat. § 227-C:4, II.
III. Providing information on historic properties within the state to agencies of the federal, state, regional and local governments, as authorized by N.H. Rev. Stat. § 227-C:4, III.
IV. Coordinating regional and local government activities with the state historic preservation plan and programs, as authorized by N.H. Rev. Stat. § 227-C:4, VI.
V. Providing technical and financial assistance to regional and local governments involved in historic preservation activities, as authorized by N.H. Rev. Stat. § 227-C:4, VII.
VI. Developing an ongoing program of historical, architectural and archeological research and development, including publication of the state’s historic resources, as authorized by N.H. Rev. Stat. § 227-C:4, IX.
VII. Accepting moneys for historic preservation from public and private sources, as authorized by N.H. Rev. Stat. § 227-C:4, IV.
VIII. Categories of field investigations that may yield or alter historic resources, as authorized by N.H. Rev. Stat. § 227-C:7, II.
IX. Standards for the conduct of field investigations, as authorized by N.H. Rev. Stat. § 227-C:7, I.
X. Qualification criteria for professional and avocational archeologists for all established categories of field investigations, as authorized by N.H. Rev. Stat. § 227-C:7, II.
XI. Training and certifying avocational archeologists, as authorized by N.H. Rev. Stat. § 227-C:10.
XII. Employing and otherwise engaging avocational archeologists, as authorized by N.H. Rev. Stat. § 227-C:3, V.
XIII. Employing consultants, as authorized by N.H. Rev. Stat. § 227-C:3, III.
XIV. Issuance, revocation, suspension and extension of permits, as authorized by N.H. Rev. Stat. § 227-C:7, IV.
XV. The terms of a permit, as authorized by N.H. Rev. Stat. § 227-C:7, IV.
XVI. Fair and equitable allocation and distribution of historic resources recovered from a permitted field investigation, as authorized by N.H. Rev. Stat. § 227-C:8, III.
XVII. Preservation agreements for the protection of historic resources released in private custody, as authorized by N.H. Rev. Stat. § 227-C:8, IV.
XVIII. Temporary loans of historic resources to qualified persons or institutions within or outside the state, as authorized by N.H. Rev. Stat. § 227-C:8, I(d).
XIX. Procedures for the conduct of hearings consistent with due process, as authorized by N.H. Rev. Stat. § 227-C:7, V.
XX. Sale or transfer of real property, as authorized by N.H. Rev. Stat. § 227-C:9, III.
XXI. Creation and organization of advisory councils, as authorized by N.H. Rev. Stat. § 227-C:3, IV.
XXII. Approval of highway historical markers, as authorized by N.H. Rev. Stat. § 227-C:4, X.
XXIII. Listing historic districts established under N.H. Rev. Stat. § 674:46.
XXIV. Standards for the conduct of the archaeological discovery, investigation, analysis, and disposition of human remains.
XXV. Acquisition, disposal, care, and interpretation of objects of historical significance.
XXVI. Administering the state heritage landmark designation review process established under N.H. Rev. Stat. § 227-C:24-26.