Alabama Administrative Code Title 460 - ALABAMA HISTORICAL COMMISSION
The Alabama Administrative Code, Title 460, is dedicated to the Alabama Historical Commission (AHC). The AHC is the state's primary agency responsible for the preservation, interpretation, and promotion of Alabama's rich historical and archaeological heritage. Established in 1966, its mission is to safeguard historic buildings and sites, educate the public about Alabama's past, and administer various preservation programs.
The administrative rules within Title 460 outline the procedures, criteria, and standards for the various programs and responsibilities of the AHC, which often align with federal historic preservation guidelines.
Here's a breakdown of the key chapters and areas covered:
1. Chapter 460-X-1 - General Description:
Purpose and Authority: Defines the AHC's mission to protect, preserve, and interpret Alabama's historic places. It outlines the statutory authority under which the AHC operates, including its role in carrying out the state's responsibilities under the National Historic Preservation Act of 1966.
Organization: Describes the composition of the Commission (appointed members, ex officio members), its officers, meetings, and the role of the Executive Director (who also serves as the State Historic Preservation Officer - SHPO).
Public Information: Provides information on how the public can interact with the AHC and obtain information.
2. Chapter 460-X-2 - National Register of Historic Places:
This chapter details the process for nominating properties to the National Register of Historic Places, the official list of the Nation's historic places worthy of preservation.
Criteria: Outlines the specific criteria for evaluating properties for National Register eligibility (e.g., historical significance, architectural distinction, archaeological potential).
Nomination Process: Describes the steps involved in preparing and submitting a nomination, including required documentation, public notification, and review by the State National Register Review Board and the National Park Service. The SHPO (Executive Director of AHC) is responsible for this process at the state level.
3. Chapter 460-X-3 - Alabama Register of Landmarks and Heritage:
This chapter covers the state's own register for properties deemed significant to Alabama's history, architecture, and archaeology.
Criteria and Nomination: Establishes the criteria for listing properties on the Alabama Register and the process for nominations. This register may include properties that don't meet the strict criteria for the National Register but are locally or regionally important.
4. Chapter 460-X-4 - Tax Act Certification:
This chapter, and later chapters like 460-X-23 and 460-X-25 (2017-2027 Alabama Historic Rehabilitation Tax Credit), are crucial for administering state tax credits for the rehabilitation of historic properties.
Eligibility: Defines what constitutes a "certified historic structure" and "certified rehabilitation" for the purpose of receiving tax credits. This often requires the rehabilitation work to meet the "Secretary of the Interior's Standards for Rehabilitation."
Application Process: Details the multi-part application process for tax credit certification, including submission of plans, description of work, and photographic documentation (e.g., Part A for historic significance, Part B for proposed rehabilitation).
Review Process: Outlines how the AHC reviews applications, often involving a committee, to ensure compliance with standards.
Tax Credit Allocation and Use: Rules for how the tax credits are allocated, reserved, and ultimately claimed by taxpayers. These credits can be significant incentives for private investment in historic preservation.
5. Chapter 460-X-5 - Environmental Review:
This chapter outlines the AHC's role in the Section 106 review process under the National Historic Preservation Act (NHPA).
Applicability: Specifies that federal agencies, or state agencies using federal funds or requiring federal permits, must consult with the SHPO to consider the effects of their undertakings on historic properties.
Procedures: Adopts by reference the federal regulations (36 CFR Part 800) that govern the Section 106 process, which involves identifying historic properties, assessing effects, and resolving adverse effects.
6. Chapter 460-X-6 - Grants / Chapter 460-X-7 - Alabama Historical Commission Grants / Chapter 460-X-11 - Alabama Cultural Resources Preservation Trust Fund Grants:
These chapters detail the various grant programs administered by the AHC to support historic preservation efforts across the state.
Eligibility: Criteria for organizations, local governments, or individuals to apply for grants (e.g., non-profit status, matching funds, project type).
Application Procedures: Instructions for preparing and submitting grant applications.
Grant Administration: Rules for managing grant funds, reporting requirements, and compliance.
7. Chapter 460-X-8 - Fort Morgan Rules and Regulations (Repealed):
Indicates that specific rules for Fort Morgan have either been repealed or integrated into broader AHC management policies. Fort Morgan is a state-owned historic site managed by the AHC.
8. Chapter 460-X-9 - Archaeological Investigations:
Rules governing archaeological investigations and surveys in Alabama, particularly on state-owned lands or where state permits are required.
Permitting: Requirements for obtaining permits to conduct archaeological digs.
Reporting: Rules for reporting findings and depositing archaeological collections.
Protection of Archaeological Sites: Provisions for the protection of archaeological resources.
9. Chapter 460-X-10 - Burials:
This chapter likely addresses the discovery and management of human remains and associated funerary objects, particularly those of archaeological or historical significance, to ensure respectful and lawful handling.
10. Chapter 460-X-12 - Alabama Underwater Cultural Resources:
Regulations for the identification, protection, and management of archaeological sites and historic artifacts found in Alabama's submerged lands and waterways (e.g., shipwrecks, submerged prehistoric sites).
11. Chapter 460-X-13 - Undocumented and Unclaimed Property:
This chapter likely deals with the management and disposition of historical or archaeological property that is discovered or in the custody of the AHC but lacks clear ownership or documentation.
12. Chapter 460-X-24 - Fees:
Outlines the fees associated with various services, applications, or permits issued by the AHC.
Overall Role of the Alabama Historical Commission:
The AHC plays a multifaceted role in Alabama's heritage landscape:
State Historic Preservation Office (SHPO): Serves as the official liaison with federal historic preservation programs (e.g., National Register, Section 106).
Property Management: Owns and operates numerous state-owned historic sites as public attractions (e.g., State Capitol, Gaineswood, Fort Morgan, Old Cahawba).
Grants and Incentives: Administers state grant programs and tax credits to encourage private and public preservation efforts.
Regulatory Oversight: Develops and enforces rules for archaeological investigations, historic property rehabilitation, and other preservation activities.
Education and Outreach: Promotes public awareness and appreciation of Alabama's history through educational programs, markers, and publications.
The Alabama Historical Commission's administrative code is essential for anyone involved in historic preservation, archaeology, property development near historic sites, or seeking to utilize preservation incentives in Alabama.
For the most accurate and up-to-date information, it is always recommended to consult the official Alabama Administrative Code, Title 460, available through the Alabama Legislative Services Agency's Administrative Code website, and the Alabama Historical Commission's official website (ahc.alabama.gov).
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