22 CAR § 82-104. Preservation of historical monuments

(a) Except as permitted by law or authorized under this part, a historical monument shall not be relocated, vandalized, damaged, destroyed, removed, altered, renamed, rededicated, or otherwise disturbed. (b) Subsection (a) of this section does not prohibit a governmental entity having responsibility for maintaining a historical monument from: (1) Taking proper and appropriate measures and exercising proper and appropriate means for the protection, preservation, care, repair, or restoration of the historical monument; and (2) Temporarily removing or relocating the historical monument to repair public property or any public infrastructure surrounding the historical monument if the governmental entity: (A) Removes or relocates the historical monument for less than sixty (60) days; and (B) Ensures the protection of the historical monument while a historical monument is removed or relocated. (c)(1) Subsection (a) of this section does not prohibit a local government entity from removing, storing, stabilizing, altering, or otherwise displacing a historical monument for less than sixty (60) days to install, relocate, repair, or alter a public infrastructure if the local government entity exercises proper and appropriate means for the protection, preservation, care, repair, or restoration of the historical monument. (2)(A) If a local government entity plans to remove, store, stabilize, alter, or otherwise displace a historical monument for more than sixty (60) days to install, relocate, repair, or alter a public infrastructure, the local government shall obtain a waiver from the Arkansas History Commission. (B) In the waiver application, the public entity shall include details to ensure the protection of the historical monument while it is removed or relocated. (d) Subsection (a) of this section does not apply to the replacement or repair of a frayed, soiled, or damaged flag that is part of a historic flag display if the frayed, soiled, or damaged flag is replaced with a similar flag. (e) Subsection (a) of this section does not apply to the Capitol Arts and Grounds Commission or the Office of the Secretary of State.