16 MAC Pt. 3, R. 1.2
for the transfer or sale of designated Mississippi Landmark property
Cite as 16 Miss. Admin. Code Pt. 3, R. 1.2
for the transfer or sale of designated Mississippi Landmark property. The Notice of
Intent must include contact information for the current and future owners.
Adverse Effect. When a Notice of Intent is received for the demolition or significant alteration
that would adversely affect a designated Mississippi Landmark property, the owner may be
asked to provide additional information, including, but not limited to, a structural report prepared
by a qualified structural engineer with experience in evaluating historic structures.
Consideration. The Board, in consultation with staff, may place a property under consideration
for demolition or significant alteration at the next regularly scheduled Board meeting. Once the
property is placed under consideration, MDAH will publish a legal notice soliciting written,
public comment in accordance with Rule 1.5.
After the conclusion of the public comment period, the proposed demolition or significant
alteration may be placed on the Board agenda for action at the next regularly scheduled
meeting.
Archaeological Sites. Work affecting archaeological sites also requires a Mississippi
Landmark permit in accordance with Rule 1.2 and Rule 1.3. Work must be conducted
according to current Mississippi Standards for Archaeological Practices.
Duration of Permit. All permits issued by the Board are valid for one (1) year from the issue
date of the permit. It is the responsibility of the property owner to request permit renewal for
projects that will not be completed before the permit expires. The permit must be posted at the
project site for the duration of the project. At the completion of the permitted project, the owner
must submit documentation, including photographs, of the permitted activity.
Appeal. Should the owner of a designated Mississippi Landmark property wish to appeal the
conditions of a permit, denial of a permit, or a decision by the Board involving a designated
Mississippi Landmark property, the owner must provide the appeal in writing. Following review
and recommendation by MDAH staff, the appeal will be considered by the Board.
Source: Miss. Code Ann. §§ 39-7-1, 39-7-11, 39-7-19 (1972).
C. Permits for Routine or Minor Activities.
Permits for projects that consist of routine or minor activities that are in conformance with the
Secretary of the Interior’s Standards for the Treatment of Historic Properties, as outlined
below, may be approved by MDAH staff. At the next Board meeting, the Board will place
upon its minutes the projects approved by the staff pursuant to Rule 1.3(C). The following are
considered to be routine or minor activities (consistent with the Secretary of the Interior’s
Standards for the Treatment of Historic Properties) that may be approved by MDAH staff:
1. Appropriate removal of insignificant or incompatible minor additions or alterations;
2. Selective demolition for investigative purposes;
3. Repair or selective in-kind replacement of exterior cladding materials;
4. Repair or in-kind replacement of roofing, coping, gutters or downspouts;
5. Selective in-kind or appropriate replacement of exterior or interior lighting fixtures;
6. Repair or selective in-kind replacement of original or appropriate flooring materials;
7. Repair or selective in-kind replacement of interior or exterior finishes, including but
not limited to structural finish materials (i.e. stucco, plaster, clapboard, etc.), paint, or
stain;
8. Repair of original or appropriate windows or doors;
9. Heating, ventilation, air conditioning, or duct equipment replacement, if suitably
screened or unobtrusive to the structure’s original building materials or its
aesthetic surroundings;
10. Plumbing or exhaust vents replacement, if suitably screened or unobtrusive to
the structure’s original building materials or its aesthetic surroundings;
11. In-kind repair or replacement of woodwork, metalwork, or other trim;
12. Selective brick pointing or cleaning of building exteriors, except by
sandblasting, inappropriate chemicals, or other abrasive methods;
13. Removal of trees not more than 12 inches in diameter, or dead trees of any size
with qualified arborist report;
14. In-kind repair or replacement of sidewalks or parking surfaces;
15. In-kind repair or selective replacement of fencing;
16. Other routine, minor, and compatible work in conformance with the Secretary of the
Interior’s Standards for the Treatment of Historic Properties.
Source: Miss. Code Ann. §§ 39-7-1, 39-7-11, 39-7-19 (1972).
D. Burial Excavation Permits.
In the event that American Indian or aboriginal burials are encountered during any project,
work must stop immediately and must not recommence until the Board has authorized a
permit. If on private property, removal or excavation also requires the written permission of
the landowner(s). No prehistoric or historic American Indian or aboriginal burial excavation
permits will be issued unless the excavation is performed by a professional archaeologist and a
physical anthropologist who meet the Secretary of the Interior’s Professional Qualification
Standards for Archaeology. If the burial(s) in question are reasonably expected to be of a
known, federally recognized Tribe, MDAH shall consult with tribal authorities prior to the
issuance of a permit.
Permits to excavate burials will not be issued unless there is an immediate threat to the
integrity of the burial(s) through vandalism, natural forces, or unavoidable development.
A burial is understood to include those items that were interred with the remains.