Vermont § 723 - Duties and powers of Division and State Historic Preservation Officer

§ 723. Duties and powers of Division and State Historic Preservation Officer

• (a) The State Historic Preservation Officer shall, through the administration of the Division,
  and where required by section 742 of this title, with the approval of the Advisory Council on Historic Preservation: (1) Undertake a statewide survey to identify and document historic properties and sites
  yielding or likely to yield archaeological and anthropological information. (2) Adopt standards for the listing of an historic property on the State Register consistent
  with the standards of the National Register and the relevant federal standards of
  preservation and care. (3) Prepare and maintain a State Register of Historic Properties and maintain a nonpublic
  electronic archaeological inventory database. The Division shall take all measures
  necessary to ensure the security and protection of archaeological site locations that
  are accessible through the database, and to ensure that electronic access to this
  database is limited to authorized persons for authorized activities. (4) Prepare a State Historic Preservation Plan and review and revise that Plan annually. (5) Cooperate with federal, State, and local government agencies in the planning and conduct
  of specific undertakings affecting historic properties and preservation objectives
  and in the implementation of federal and State laws pertaining to local and regional
  planning and development, land use planning, and environmental protection. (6) Establish standards and criteria for the acquisition of historic properties and for
  the preservation, restoration, maintenance, and operation of properties under the
  control of the Division. (7) Provide technical and financial assistance to others involved in historic preservation
  activities in accord with the preservation criteria of the Division and preservation
  priorities outlined in the Historic Preservation Plan. (8) Develop a continuing program of historical, architectural, and archaeological research
  and development to include surveys, excavation, scientific recording, interpretation,
  and publication of the historical, architectural, archaeological, and cultural resources
  of the State. (9) Maintain, develop, and interpret State-owned historic properties. (10) Adopt rules under the provisions of 3 V.S.A. chapter 25 to carry out the purposes of this chapter. (11) Adopt and implement by June 30, 1990, a policy for notifying the property owners and
  the legislative body of a municipality in which is located an archaeological or historic
  resource that is being considered for inclusion in the State Register of Historic
  Properties. This policy shall provide that the Division shall hold a public hearing
  if the affected municipality requests a hearing. (b) The Division may: (1) For the purpose of protecting or preserving any historic property, acquire, preserve,
  restore, hold, maintain, operate, or dispose of such properties, together with such
  adjacent or associated lands as may be necessary for their protection, preservation,
  maintenance, or operation. The property may be real or personal in nature, and in
  the case of real property, the acquisition may include the fee or any lesser interest
  therein. Property may be acquired by gift, grant, bequest, devise, lease, purchase,
  or otherwise. Property may be acquired by the Division using such funds as may be
  appropriated for the purpose or monies available to it from any other source. (2) In the case of real property, the interest acquired shall be limited to that estate,
  agency, interest, or term deemed by the Division to be necessary for the continued
  protection or preservation of the property. The Division may acquire the fee simple
  title, but where it finds that a lesser interest, including any development right,
  negative or affirmative easement in gross or appurtenant covenant, lease, or other
  contractual right of or to any real property to be the most practical and economical
  method of protecting and preserving historical property, the lesser interest may be
  acquired. Any historic property acquired, whether in fee or otherwise, may be used,
  maintained, improved, restored, or operated by the Division consistent with the purpose
  of the continued preservation of the property. (3) Acquire or dispose of the fee or lesser interest to any historic property, including
  adjacent and associated lands, for the specific purpose of conveying or leasing the
  property back to its original owner or to any other person under covenants, deed restrictions,
  lease, or other contractual arrangements that limit the future use of the property
  to ensure its preservation. In all cases where property is conveyed, it shall be subject
  to rights of access, public visitation, and other conditions or restrictions of operation,
  maintenance, restoration, and repair that the Division may prescribe or may be agreed
  upon between the Division and the grantee or lessee to accomplish the purposes of
  this section. In the event that the Division intends to dispose of any historic property
  in fee, the transaction shall first be approved by the General Assembly. (4) Enter into and carry out contracts with the federal government or any agency thereof
  under which the government or agency grants financial or other assistance to the Division
  to further the purposes of this chapter. The Division may agree to and comply with
  any reasonable conditions not inconsistent with State law that are imposed on those
  grants. The grant funds or other assistance may be accepted from a federal government
  or agency and expended whether or not pursuant to a contract. The Division may further
  enter into and carry out contracts with municipalities and with any other person to
  further the purposes of this chapter. (c) The State Historic Preservation Officer and the Division shall adopt a procedure for
  the efficient review in accordance with this chapter and the National Historic Preservation
  Act, 16 U.S.C. chapter 1A, subchapter II, of undertakings related to the provision
  of broadband services, and shall take all feasible steps to effect such efficient
  review. Unless contrary to federal requirements, any review of pole attachments shall
  be conducted using a systemic approach. (Added 1975, No. 109, § 4; amended 1979, No. 61, § 1; 1989, No. 194 (Adj. Sess.), § 1, eff. May 21, 1990; 1995, No. 46, §§ 43, 44; 2001, No. 35, § 3; 2009, No. 47, § 3; 2011, No. 53, § 7, eff. May 27, 2011; 2023, No. 85 (Adj. Sess.), § 250, eff. July 1, 2024.)