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General Assembly Substitute Bill No. 7079
January Session, 2019
AN ACT CONCERNING TH E MEMBERS AND DUTIES OF THE STATE
HISTORIC PRESERVATIO N 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 Section 10-321q of the general statutes is repealed and the 1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, except that one-half of 9
members appointed between July 1, 2019, and June 30, 2020, shall 10
serve a term of two years. Members may serve additional terms if 11
reappointed by the State Historic Preservation Officer. 12
(b) The legislative body of each municipality may appoint a 13
municipal preservation board, which shall consist of not less than five 14
nor more than nine members. The members of such municipal board 15
shall serve from the date of their original appointment until the next 16
succeeding June thirtieth, and shall thereafter be appointed for a term 17
of one year from July first of each year. 18 Substitute Bill No. 7079
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(c) The State Historic Preservation Officer shall notify the municipal 19
preservation board or, if there is no board, the chief executive officer of 20
the municipality, at least [sixty] thirty days prior to the scheduled 21
consideration by the State Historic Preservation Review Board of the 22
nomination of property in such municipality to the National Register 23
of Historic Places. The notification shall be accompanied by all 24
information on the nomination that is provided to the members of the 25
State Historic Preservation Review Board for their consideration, 26
which information shall be available for public inspection. The 27
municipal board may hold a public hearing in the municipality on the 28
nomination of any parcel of real property at least fifteen days prior to 29
the scheduled meeting of the State Historic Preservation Review Board 30
on such matter and may make recommendations to the State Historic 31
Preservation Review Board on the nomination of districts containing 32
two or more parcels of real property located in such municipality. 33
Notice of the time, place and subject matter of the hearing shall be 34
published at least once in a newspaper of general circulation in the 35
municipality not more than fifteen nor less than seven days prior to 36
such hearing. A copy of the notice shall be sent to the State Historic 37
Preservation Officer at least ten days prior to such hearing. The State 38
Historic Preservation Officer or [his] said officer's designee [shall] may 39
attend the hearing to testify on such nomination and to explain the 40
consequences of listing in the National Register of Historic Places. In 41
preparing its recommendation on the nomination, the municipal board 42
shall consider whether the properties being proposed for nomination 43
meet the criteria for listing in the National Register of Historic Places, 44
as set forth in 36 CFR S. [60.6 (1978)] 60.4, and may consider such other 45
matters as it deems appropriate. The municipal board shall submit its 46
recommendation, if any, with the reasons for the recommendation, to 47
the state board not later than seven days prior to the scheduled 48
consideration of the nomination by the State Historic Preservation 49
Review Board. The State Historic Preservation Review Board shall 50
consider the recommendations of a municipal board, if any, before 51
acting on a nomination if such written recommendation is received by 52
the State Historic Preservation Officer not later than seven days prior 53 Substitute Bill No. 7079
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to the scheduled consideration of the nomination by the State Historic 54
Preservation Review Board. Failure of the municipal board to present 55
such recommendation shall not prevent the State Historic Preservation 56
Review Board from acting on any nomination. 57
Sec. 2. Section 22a-19a of the general statutes is repealed and the 58
following is substituted in lieu thereof (Effective July 1, 2019): 59
The provisions of sections 22a-15 to 22a-19, inclusive, shall be 60
applicable to the unreasonable destruction of historic structures and 61
landmarks of the state, which shall be those properties (1) listed or 62
under consideration for listing as individual units on the National 63
Register of Historic Places (16 USC 470a, as amended) or (2) which are 64
a part of a district listed or under consideration for listing on said 65
national register and which have been determined by the State Historic 66
Preservation Review Board to contribute to the historic significance of 67
such district. If the plaintiff in any such action cannot make a prima 68
facie showing that the conduct of the defendant, acting alone or in 69
combination with others, has or is likely unreasonably to destroy the 70
public trust in such historic structures or landmarks, the court shall tax 71
all costs for the action to the plaintiff. 72
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
CE Joint Favorable Subst.