Permit Process

Permit Process. State agencies, counties, cities, and all their political subdivisions are required to submit a Notice of Intent to MDAH for all projects affecting publicly owned property in accordance with Rule 1.2 for review. Work affecting archaeological sites or potential archaeological sites on publicly owned property also must be submitted to MDAH for review and approval. The permit process begins with the filing of a Notice of Intent. The review process which follows is determined by the classification of the property at issue and the nature of the activity for which a permit is sought as set forth herein. A. Undesignated Public Properties. If, upon review, MDAH staff determines that a property does not meet the criteria for designation as a Mississippi Landmark as defined in Rule 1.4(A), staff will notify the applicant that the project may proceed without further review. If MDAH determines that the property is a potential Landmark, in accordance with the criteria in Rule 1.4(A) and that the proposed project meets the Secretary of the Interior’s Standards for the Treatment of Historic Properties, MDAH staff will notify the applicant that the project is acceptable or acceptable with conditions. For public campuses, including schools, universities, public health facilities and other similar multi-building properties, the Board encourages the adoption of Memoranda of Agreement (MOA) between MDAH and the governing public institution to identify eligible resources for Mississippi Landmark designation and to establish priorities for preservation. In the absence of the adoption of an MOA, public entities shall act in accordance with the requirements of Rule 1.2, Rule 1.3 and Rule 1.4 for all buildings. Transfer of Property. A Notice of Intent must be submitted in accordance with Rule 1.2 for the transfer of publicly owned property to private ownership prior to transfer. If, upon review, MDAH staff determines that the property is a potential Mississippi Landmark, the owner shall be informed and the proposed property transfer or sale shall not be commenced prior to Landmark designation and the authorization of a permit by the Board. The Board, in consultation with staff, may act to consider the property for Mississippi Landmark designation in accordance with the procedures in Rule 1.4. The Board may also authorize a permit for property transfer without designation. Adverse Effect. If, upon review, MDAH staff determines that significant historic, archaeological or architectural sites, buildings, structures, locations or objects will be adversely affected by the public construction, alteration or demolition, MDAH will notify the applicant and owner that the proposed project must not be commenced without a permit issued by the Board. Additional information, including, but not limited to, a structural report by a qualified structural engineer with experience working with historic structures may be required prior to MDAH action. Consideration. The Board, in consultation with staff, may act to place a project that would adversely affect a potential Mississippi Landmark under consideration for a permit. Once the project 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 project and written public comments may be placed on the Board agenda for action. Based on the comments and additional documentation received, the Board may act to approve or deny the permit. If the Board denies the permit due to an adverse effect, it may also consider the property for Mississippi Landmark designation in accordance with the procedures in Rule 1.4. Appeal. Should the owner of a potential Mississippi Landmark property wish to appeal the conditions of a permit or a decision involving a potential 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.