SC Department of Archives & History

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1 The information provided here is for informational and educational purposes and current as of the date of publication. The information is not a substitute for legal advice and does not necessarily reflect the opinion or policy position of the Municipal Association of South Carolina. Consult your attorney for advice concerning specific situations. 10/10/2018 SC Archives & History Information Session Elizabeth Johnson, Pam Kendrick, John Sylvest October 9, 2018 SC Community Development Association SC Department of Archives & History 8301 Parklane Road, Columbia Archives State records from 1671 present Paper, microfilm, digital Records Management Assists localand state government with current records State Historic Preservation Office (SHPO Ship O ) Programs related to historic properties and places South Carolina SHPO Created 1969 (National Historic Preservation Act 1966) Carry out programs of the NHPA, and also state laws 9 staff members with backgrounds in architecture, architectural history, archaeology, history, engineering, historic preservation Purpose: The State Historic Preservation Office (SHPO) encourages and facilitates the responsible stewardship of South Carolina's irreplaceable historic and prehistoric places. 1

2 SHPO Programs and Resources Statewide Survey of Historic Properties (80,000 records) National Register of Historic Places (1,500+) State Historical Markers (1,700+) Federal and State Project Reviews (1,800/yr.) Tax Incentives for Historic Building Rehabs Grants ($150,000 - $200,000 / year) Certified Local Governments (36) Session Description Working with historic buildings in a city or town presents both opportunities and challenges. Learn what reviews may be required and what financial incentives may be available to help with project planning and prevent project delays by learning what steps to take before completing any work. Hear more about where to turn and what to do when dealing with a historic property. And get information about SC ArchSite, the state s cultural resource information system that combines data from the state s archaeological and built heritage to provide researchers with an online source for cultural resource information. Challenge to Opportunity..the economic benefits of historic rehab go far beyond one building. Historic tax credit projects spur an increase in property values, draw new businesses, attract new residents and enlarge the tax base. National Trust for Historic Preservation 2

3 Challenge to Opportunity Garvin Garvey House Bluffton South Carolina Department of Archives & History What is a historic property? National Register of Historic Places Listed in or eligible for listing Local historic district or landmark created by local government requiring local reviews (state enabling legislation, SC Code of Laws ) National Register of Historic Places Created in 1966 by Congress (NHPA) Nation s list of historic properties worthy of preservation Properties added thru nomination process with SHPOs and National Park Service 4 criteria: Events, People, Design, Potential to Inform Physical Integrity / Age: 50+ years Buildings, structures, sites, objects, and districts 3

4 Process SHPO provides opinion on eligibility thru Preliminary Information Form (PIF), project review request, or survey Property owner or other interested party may submit nomination for eligible property Must be approved by State Board of Review (meets March, July, November) Final approval by National Park Service in Washington Listing process can take up to a year Historic Property Information Visit our website at: 4

5 scarchsite.org -- Public View -- KNOWN PROPERTIES scarchsite.org -- Subscriber View -- KNOWN PROPERTIES 5

6 Reviews - Relevant Legislation and Permitting Federal Sections 106 and 110 of the National Historic Preservation Act of 1966 State and Local Protection of State Owned or Leased Historic Properties Coastal Zone Management Act (SCDHEC-OCRM) SC Mining Act (SCDHEC) SC Underwater Antiquities Act (SCIAA) SC cemetery protection laws County/local preservation and zoning ordinances Site Certification Program MOU between SC Department of Commerce and SHPO Establishes guidelines for gathering initial information about cultural resources: Cultural Resources Identification Survey Qualified consultant Background research & very limited field work Summary report SHPO responds to Commerce & consultant Does the survey meet MOU requirements? Recommendations for additional work (e.g., none, high probability areas, intensive survey) Section 106 Review Section 106 of the National Historic Preservation Act (36 CFR 800) Federal agencies must take into account the effects of their undertakings on historic properties and give the SHPO, THPO, and ACHP the opportunity to comment prior to implementation Federal Undertaking = Funding, Licensing, or Permitting Historic Property = Listed in or eligible for listing in the National Register of Historic Places 6

7 Section 106 Review Process at a glance 1. Establish an undertaking / Initiate consultation 2. Identify / Invite consulting parties 3. Define the Area of Potential Effects (APE): Direct (e.g., project boundary, area of disturbance) Indirect (e.g., effects to setting, adjacent properties, visual, noise, vibration, cumulative) 4. Identify historic properties within the APE 5. Assess effects (choose one): No historic properties affected: no properties OR no effect No adverse effect Adverse effect: Avoid, Minimize, or Mitigate Types of Projects Direct spending Funding: grants, loans Permits, licenses Who is involved in project reviews State Historic Preservation Office Indian tribes Representatives of local government Applicants for federal assistance Organizations / Individuals with interest in project, the Public Advisory Council on Historic Preservation (for complex projects or if adverse effects) Role: Consult on the APE, identification of historic properties, project effects, and resolution of adverse effects 7

8 SHPO Role Per 36 CFR 800.2(c)(1)(i): The SHPO reflects the interests of the State and its citizens in the preservation of their cultural heritage. The SHPO advises and assists Federal agencies in carrying out their Section 106 responsibilities and cooperates with such agencies, local governments and organizations and individuals to ensure that historic properties are taken into consideration at all levels of planning and development. What to Provide Project Review Submittal Documentation 36 CFR Documentation Standards: Ensure that a determination, finding, or agreement is supported by sufficient documentation to enable any reviewing parties to understand its basis. Description of the undertaking and its APE, including photographs, maps, drawings, as necessary; Description of the steps taken to identify historic properties, including, as appropriate efforts to seek information pursuant to 800.4; and The basis for determining that no historic properties are present or affected; OR, A description of the affected historic properties, the undertaking s effect on historic properties, and why the criteria of adverse effect were found applicable or not. What to Provide SHPO Section 106 Project Review Form or equivalent documentation in a letter Key: Determinations/Findings regarding affected historic properties, if any Photographs (clear, current, original, color) Maps (SC ArchSite/GIS, aerial, tax/parcel) Architectural or Engineering Drawings/Plans (existing vs. proposed conditions), Site Plans, Scopes of Work, Specifications SHPO Historic Building Supplement Form, if project involves work on a National Register listed or eligible property Hard copy only; no electronic submittals 8

9 What to Provide Prior SHPO correspondence, if applicable Historical background and/or property information Current or prior survey report information demonstrating properties eligibility (or not) for National Register Views of other consulting parties, including the public Alternatives analysis (if Adverse Effect) What to Avoid Our ability to complete a timely project review largely depends on the quality and detail of the documentation submitted. If insufficient documentation is provided we may need to request additional materials, which will prolong the review process. Not including photographs of the project area, providing poor quality photographs, unidentified/unlabeled photographs Not including maps, or not identifying project location on maps Not identifying date(s) of construction for buildings/structures Not providing return contact information Not utilizing delivery confirmation when mailing submittals; contacting SHPO to confirm receipt What to Avoid Undertaking: Lack of description or illustration of the proposed undertaking Stating that the project is in the ROW and therefore OK Stating that the rehab work will meet the Secretary of the Interior s Standards without illustrating or documenting this Historic Properties: Only identifying National Register listed properties (or lack thereof) in a given area Not evaluating whether or not a property is eligible Not taking into account archaeology Providing copies of lists of every NRHP listed, significant property, or historical marker in areas not germane to the project area/ape 9

10 What to Expect 30 calendar days to review/respond average 2-3 weeks ed comments letter, of concurrence (or non), if findings provided Recommendations Limited use of for requesting information needed for review, commenting on agreements Historic Property Information Visit our website at: SC ArchSite --- KNOWN PROPERTIES 30,000+ above-ground properties 30,000+ archaeological sites 1,500+ National Register listings 3,000+ areas/corridors surveyed Public View Map Subscriber View Map 10

11 10/10/2018 Identifying historic properties Assess project effects No historic properties affected No adverse effect Adverse effect Demolition / physical damage Moving Work not consistent with the SOI Standards Changes to setting Neglect Transfer or sale out of federal ownership without legally enforceable restrictions Resolve adverse effects Avoid Minimize Mitigate Develop Memorandum of Agreement (MOA) among: Agency, SHPO, applicant, consulting parties, possibly Advisory Council on Historic Preservation 11

12 10/10/2018 Who can help with the work? For More Information on Review & Compliance/Section 106 Visit our website at: Financial Incentives: Overview Grants Historic Preservation Grant Tax Incentives Federal/State Income-Producing Credits State Homeowner Credits Local Tax Abatement (Bailey Bill) Easements Other Incentives Abandoned Buildings Revitalization Credit South Carolina Textile Revitalization Credit Resiliency Credits Federal Tax Credit for Low Income Housing 12

13 10/10/2018 Who Administers These Programs? Local Government Bailey Bill (tax abatement) State Historic Preservation Office (SHPO) Historic Preservation Grants Federal HTC State IncomeProducing HTC State Homeowner Tax Credit SC Department of Revenue (DOR) Abandoned Buildings* Textile Mill* Resiliency Credits Other Organizations Easements Federal Tax Credit for Low Income Housing* * Can be combined with the Federal Historic Tax Credit to rehabilitate historic buildings Financial Incentives: Grants Historic Preservation Grant Survey, Planning and Stabilization Administered by the National Park Service (NPS) Eligibility Certified Local Governments (CLGs) 10% min. Cities, counties, universities, and other eligible organizations Grant Requirements 50/50 reimbursable matching grant Awards typically $2,500 - $30,000 max. Work reviewed by SHPO for compliance with Secretary of the Interior s Standards for Archaeology and Historic Preservation and SHPO s guidelines and standards Financial Incentives: Grants Survey & Planning Projects Identifying, Recording and Recognizing Historic Properties Planning for Historic Districts and Multiple Historic Properties Strengthening Local Government Historic Preservation Programs Preservation Education Planning for Individual Historic Properties Stabilization Projects (CLGs only) Stabilization repairs to National Register-listed properties Should have bid-ready plans and specs prepared prior to application 13

14 10/10/2018 Financial Incentives: Tax Incentives Income-Producing Tax Credit Programs 20% Federal Historic Tax Credit 10%/25% State Historic Tax Credit 25% option: not to exceed $1 million Program Requirements Listed in the National Register of Historic Places Meet expenditure requirements $5,000 or Adjusted Basis (whichever is greater) Work meets Secretary of the Interior s Standards for Rehabilitation Financial Incentives: Tax Incentives Homeowner Tax Credit 25% State Owner-Occupied Historic Tax Credit Program Requirements Listed in the National Register of Historic Places or eligible for listing in the NRHP Meet expenditure requirements $15,000 on eligible expenses in 36 months Work meets Secretary of the Interior s Standards for Rehabilitation Must apply BEFORE you begin work on the project Financial Incentives: Other Other Incentives (Not administered by SHPO ): Local Tax Abatement (Bailey Bill) Easements 25% SC Abandoned Buildings Revitalization Credit 25% SC Textile Revitalization Credit SC Credit for Retrofitting Fortification Costs SC Credit for Sales or Use Tax Paid on Purchases to Retrofit Federal Tax Credit for Low Income Housing 14

15 10/10/2018 For More Information on Incentives Visit our website at: SHPO Newsletters News and Notes -- monthly News in Review -- periodically to subscribe! 15