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General Assembly Raised Bill No. 7079
January Session, 2019
LCO No. 3765
Referred to Committee on COMMERCE
Introduced by:
(CE)
AN ACT CONCERNING CH ANGES TO THE STATE HISTORIC
PRESERVATION REVIEW BOARD.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 10-321q of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2019): 2
(a) There is established a State Historic Preservation Review Board, 3
which board shall serve as and have the powers, duties and 4
responsibilities of the board established pursuant to 36 CFR S. 61.4 5
(1978). Said board shall consist of ten members. The members shall be 6
appointed by the State Historic Preservation Officer designated 7
pursuant to 36 CFR S. 61.2 (1978), and shall serve for a term of [one 8
year from July first of each year] three years. Members may serve 9
additional terms if reappointed by the State Historic Preservation 10
Officer. 11
(b) The legislative body of each municipality may appoint a 12
municipal preservation board, which shall consist of not less than five 13
nor more than nine members. The members of such municipal board 14 Raised Bill No. 7079
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shall serve from the date of their original appointment until the next 15
succeeding June thirtieth, and shall thereafter be appointed for a term 16
of one year from July first of each year. 17
(c) The State Historic Preservation Officer shall notify the municipal 18
preservation board or, if there is no board, the chief executive officer of 19
the municipality, at least [sixty] thirty days prior to the scheduled 20
consideration by the State Historic Preservation Review Board of the 21
nomination of property in such municipality to the National Register 22
of Historic Places. The notification shall be accompanied by all 23
information on the nomination that is provided to the members of the 24
State Historic Preservation Review Board for their consideration, 25
which information shall be available for public inspection. The 26
municipal board may hold a public hearing in the municipality on the 27
nomination of any parcel of real property at least fifteen days prior to 28
the scheduled meeting of the State Historic Preservation Review Board 29
on such matter and may make recommendations to the State Historic 30
Preservation Review Board on the nomination of districts containing 31
two or more parcels of real property located in such municipality. 32
Notice of the time, place and subject matter of the hearing shall be 33
published at least once in a newspaper of general circulation in the 34
municipality not more than fifteen nor less than seven days prior to 35
such hearing. A copy of the notice shall be sent to the State Historic 36
Preservation Officer at least ten days prior to such hearing. The State 37
Historic Preservation Officer or [his] said officer's designee [shall] may 38
attend the hearing to testify on such nomination and to explain the 39
consequences of listing in the National Register of Historic Places. In 40
preparing its recommendation on the nomination, the municipal board 41
shall consider whether the properties being proposed for nomination 42
meet the criteria for listing in the National Register of Historic Places, 43
as set forth in 36 CFR S. [60.6 (1978)] 60.4, and may consider such other 44
matters as it deems appropriate. The municipal board shall submit its 45
recommendation, if any, with the reasons for the recommendation, to 46
the state board not later than seven days prior to the scheduled 47
consideration of the nomination by the State Historic Preservation 48 Raised Bill No. 7079
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Review Board. The State Historic Preservation Review Board shall 49
consider the recommendations of a municipal board, if any, before 50
acting on a nomination if such written recommendation is received by 51
the State Historic Preservation Officer not later than seven days prior 52
to the scheduled consideration of the nomination by the State Historic 53
Preservation Review Board. Failure of the municipal board to present 54
such recommendation shall not prevent the State Historic Preservation 55
Review Board from acting on any nomination. 56
Sec. 2. Section 22a-19a of the general statutes is repealed and the 57
following is substituted in lieu thereof (Effective July 1, 2019): 58
The provisions of sections 22a-15 to 22a-19, inclusive, shall be 59
applicable to the unreasonable destruction of historic structures and 60
landmarks of the state, which shall be those properties (1) listed or 61
under consideration for listing as individual units on the National 62
Register of Historic Places (16 USC 470a, as amended) or (2) which are 63
a part of a district listed or under consideration for listing on said 64
national register and which have been determined by the State Historic 65
Preservation Review Board to contribute to the historic significance of 66
such district. If the plaintiff in any such action cannot make a prima 67
facie showing that the conduct of the defendant, acting alone or in 68
combination with others, has or is likely unreasonably to destroy the 69
public trust in such historic structures or landmarks, the court shall tax 70
all costs for the action to the plaintiff. 71
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2019 10-321q
Sec. 2 July 1, 2019 22a-19a
Statement of Purpose:
To (1) increase State Historic Preservation Review Board members'
terms from one year to three years; (2) decrease the notice period
required for notification of a municipal preservation board or a
municipality's chief executive officer that a property is nominated to
the National Register of Historic Places from sixty days to thirty days; Raised Bill No. 7079
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(3) eliminate the requirement that the State Historic Preservation
Officer attend municipal hearings regarding nominations to the
National Register of Historic Places; and (4) change the board's name
from the State Historic Preservation Board to the State Historic
Preservation Review Board.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
not underlined.]