Arkansas Administrative Code Agency 012 - Department of Arkansas Heritage
The Arkansas Administrative Code, Agency 012 - Department of Arkansas Heritage (DAH), governs various programs and policies related to preserving and promoting the state’s cultural and historical resources. The Department of Arkansas Heritage oversees initiatives like historical preservation, archaeology, museums, and heritage tourism. It enforces rules regarding historic properties, cultural heritage programs, and the preservation of artifacts and historical sites in Arkansas.
Here are five detailed cases illustrating how the regulations in the Arkansas Administrative Code, Agency 012, can be applied in practice:
1. Arkansas Historic Preservation Program (AHPP) and Property Listing (12.02.01)
Context: The Arkansas Historic Preservation Program (AHPP), under the Department of Arkansas Heritage, helps identify, protect, and promote the state’s historical and cultural resources. This includes guidelines for listing properties in the National Register of Historic Places.
Case Example: A local historical society nominates a 19th-century farmhouse in a rural area for listing on the National Register. The property is unique due to its architectural style and historical significance as one of the few remaining buildings of its kind in the region.
Decision: The property undergoes a review by the State Review Board, which evaluates the architectural integrity and historical importance of the farmhouse. Following an on-site inspection and historical research, the farmhouse is added to the National Register, qualifying it for preservation funding and protection from federal or state development projects that might threaten its integrity.
Relevant Sections:
12.02.01-04: Details the procedures for nominating properties to the National Register of Historic Places, including documentation, public comment, and review processes.
12.02.01-06: Provides guidelines for the preservation of properties listed on the National Register, ensuring they are protected from inappropriate changes.
2. Arkansas Archaeological Survey (12.03.03)
Context: The Arkansas Archaeological Survey (AAS) focuses on preserving the state’s archaeological sites. This regulation requires an archaeological survey or evaluation before certain types of construction or development projects that might disturb historically significant sites.
Case Example: A developer plans to build a new shopping center in an area that may have archaeological significance, as it is near a known Native American burial ground. Before construction begins, the developer is required to submit an application to the AAS for a comprehensive archaeological survey.
Decision: The survey identifies several artifacts and features that are historically significant, including burial mounds and tools. As a result, the development project is halted in certain areas, and the developer must consult with archaeologists to ensure that construction avoids disturbing these sensitive sites. In some cases, mitigation strategies may be developed to preserve the archaeological findings.
Relevant Sections:
12.03.03-02: Mandates that developers, state agencies, or contractors must conduct an archaeological survey when proposed projects involve land disturbance in areas of potential archaeological significance.
12.03.03-05: Requires the Department of Arkansas Heritage to evaluate the findings of archaeological surveys and advise developers on appropriate actions to protect significant archaeological sites.
3. Arkansas Heritage Sites Preservation Program (12.06.01)
Context: This program focuses on the preservation of heritage sites in Arkansas, especially those that are publicly owned or significant to local communities. The Arkansas Heritage Sites Preservation Program provides grants for the rehabilitation and preservation of historical landmarks.
Case Example: A local county government applies for a preservation grant to restore a historic courthouse that was built in the early 20th century and has fallen into disrepair. The building has significant local value as a symbol of the county’s history.
Decision: After submitting detailed plans for the restoration, the county government is awarded a preservation grant to restore the courthouse. The project is required to follow Secretary of the Interior’s Standards for Rehabilitation, ensuring that the restoration maintains the building's historical integrity while bringing it up to modern safety standards. The courthouse is reopened as a community center, enhancing local heritage tourism.
Relevant Sections:
12.06.01-03: Describes the eligibility requirements and application process for the Heritage Sites Preservation Program, including the need for detailed plans and compliance with preservation standards.
12.06.01-05: Sets guidelines for the use of grant funds and project oversight, ensuring that historical integrity is maintained during renovations.
4. Arkansas State Historic Preservation Tax Credit Program (12.04.02)
Context: Arkansas offers a tax credit program to incentivize the rehabilitation of historic properties. This program is especially important for revitalizing older buildings in urban and rural areas.
Case Example: A business owner purchases a 1920s commercial building in downtown Little Rock, intending to renovate it for use as office space. The owner applies for the State Historic Preservation Tax Credit Program to help fund the rehabilitation.
Decision: The business owner’s application is reviewed and approved based on a plan to restore the building’s original features, including its brick façade and original windows. After meeting the program’s requirements, including compliance with rehabilitation standards, the owner receives a state tax credit that offsets a portion of the renovation costs, encouraging further investment in downtown development.
Relevant Sections:
12.04.02-10: Outlines the criteria and application process for the State Historic Preservation Tax Credit Program, including required documentation and compliance with federal preservation standards.
12.04.02-12: Details the tax credit rates, the types of projects eligible for credits, and the necessary steps for receiving approval for tax incentives.
5. Heritage Tourism and Interpretation Program (12.08.01)
Context: This program encourages the promotion of Arkansas’ cultural and historical heritage through tourism. It funds interpretive programs, including the development of exhibits, educational materials, and marketing initiatives that highlight the state’s historical sites and landmarks.
Case Example: A local tourism board proposes a new educational exhibit focusing on the Civil War in Arkansas, to be hosted at a historic battlefield site. The exhibit would include interactive displays, artifacts, and guided tours that educate visitors about the historical significance of the site.
Decision: The Department of Arkansas Heritage reviews the proposal and awards a grant to support the exhibit’s creation. The tourism board works with historians and educators to develop content, and the exhibit becomes a popular attraction for visitors interested in Arkansas’ Civil War history. The project also boosts local tourism revenue as visitors from across the country travel to experience the new interpretive offerings.
Relevant Sections:
12.08.01-02: Describes the criteria for receiving funding for heritage tourism projects, including the need for projects to provide educational and interpretive value.
12.08.01-06: Outlines the process for marketing and promoting historical sites and landmarks as part of Arkansas' heritage tourism initiative, including recommendations for partnerships with local organizations and businesses.
6. Arkansas Preservation Easement Program (12.07.01)
Context: The Arkansas Preservation Easement Program allows property owners to donate or sell easements on their historic properties in exchange for tax benefits. These easements protect historic structures from future demolition or inappropriate alterations.
Case Example: A family owns a historic plantation house and surrounding grounds but is concerned about future development that might threaten the property’s historic value. They decide to donate a preservation easement to the state, ensuring that the property cannot be demolished or altered without approval.
Decision: The Department of Arkansas Heritage reviews the easement agreement, ensuring it meets the requirements for historic preservation and provides adequate protections. In return for donating the easement, the family receives tax benefits and preserves the legacy of the property for future generations.
Relevant Sections:
12.07.01-04: Outlines the eligibility and benefits for property owners who wish to donate or sell preservation easements, including the required documentation and the process for approval.
12.07.01-05: Describes how easements are monitored and enforced to ensure compliance with preservation requirements.
These examples highlight key regulatory frameworks and processes within the Department of Arkansas Heritage that support the state’s efforts to protect and promote its historical, cultural, and natural heritage. Each of these cases reflects the intersection of policy, preservation, and community engagement, helping to ensure that Arkansas' historical assets are maintained for future generations.
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