(B)If a majority of private resource owners should object for any reason, the proposed individual resource or district will not be listed. However, in such cases, the Historic Site Board may designate the resource as “formally determined eligible for listing in the Local Register.” A resource that has been determined eligible may be listed at a later time if, and when, the objection is withdrawn.
(c)Determinations of eligibility and formal listing. A privately-owned resource may not be listed in the Local Register over the objection of its owner, or in the case of a resource with multiple owners, over the objection of a majority of private resource owners. A district may not be listed in the Local Register over the objection of a majority of private resource owners within the proposed district. If a district is listed, it will be listed in its entirety and all contributing resources will be listed, whether or not the owner of that resource(s) has objected.
(1)If a private resource cannot be listed solely due to owner objection, the Historic Site Board may designate the resource as “formally determined eligible for listing.”
(2)An historical resource shall be considered formally “listed in the Local Register” when the Director of Planning and Land Use (Director), upon reviewing the nomination and the recommendation for listing from the Historic Site Board, designates the resource as eligible for listing and accepts it for official listing in the Local Register.
(3)The Director shall adopt written findings to support their determinations. Findings shall include a description of the historical resources; the historical, archaeological, or cultural significance of the resources; recommendation for listing from the Historic Site Board; and, identification of those criteria on which any determination was based.
(4)Within forty-five (45) days after approval or disapproval of a nomination by the Director, the Historic Site Board shall notify the applicant and resource owner(s) in writing of the Director’s decision.
IX.Criteria and Procedures for Removal of an Historical Resource from the Local Register of Historical Resources
Historical resources are formally determined eligible for, or listed in, the Local Register on the basis of an evaluation of the historical or archaeological data by qualified professionals. The Historic Site Board may, at its discretion, consider a request for formal delisting after a public hearing has taken place.
- 12 -