Acquisition of Historic Property

PURPOSE: This rule provides guidelines for acquisition of historic property by the Historic Preservation Revolving Fund. (1) These are the minimum requirements for acquisition of any interest in a property by the fund: (A) Eligibility. The property must be considered a historic property. 1. Any property deemed ineligible for the National Register by the majority of State Historic Preservation Office staff reviewers may be submitted for reconsideration with additional or new information and, if deemed eligible, may be considered for acquisition or other assistance by the fund. Final determination of National Register eligibility shall rest with the State Historic Preservation Officer; and (B) Structural Condition. The property must— 1. Have enough original features and materials to be eligible for listing or to remain on the National Register; and 2. Be structurally sound enough for rehabilitation to be physically and economically feasible. (2) The following criteria shall be considered in evaluating properties for acquisition of any interest by the fund: (A) Endangerment—whether the continued historic character of the property is determined by the department to be endangered or threatened; (B) Historic Significance of the Property— whether the property has historic significance to the state, its communities or the United States; (C) Economic Feasibility—whether the costs associated with acquisition and eventual rehabilitation are considered reasonable by the department based on market conditions in the property’s area with respect to the probability of resale; (D) Additional Financial Alternatives— whether additional financial assistance is available for preservation of the property; (E) Marketability—whether the property is considered by the department to be marketable; (F) Local Support—whether the preservation of the property is supported by the local community; (G) Public Visibility—whether the property will be visible to the public, provide a positive example for preservation and educate the public regarding the benefits of preservation; (H) Environmental Factors—whether the property is situated in a positive environment, such as an active, preservation-oriented neighborhood, a rural setting or a downtown redevelopment area. Commercial or subdivision developments, industrial areas and flood plains shall not be considered as positive environments; and (I) Community Benefit—whether preservation of the property would benefit the community. Community benefits may include, but shall not be limited to, preserving a local landmark or a key building in a downtown block, or providing space for a community center, arts facility, or other public benefit as demonstrable. (3) Any property acquired in fee by the fund shall be subjected to covenants meeting the requirements of section 253.405 of the Historic Preservation Revolving Fund Act upon resale by the fund. (4) The terms of all acquisitions shall be approved in writing by the director of the Department of Natural Resources. The department will not be obligated to acquire (or sell) any property until a purchase (or sales) contract is signed by all parties. AUTHORITY: section 253.035, RSMo 2016.* Original rule filed May 28, 1992, effective Jan. 15, 1993. Amended: Filed March 26, 2018, effective Nov. 30, 2018. *Original authority: 253.035, RSMo 1961, amended 1967, 1983, 1993, 1995.