723. Duties and powers of Division and State Historic Preservation Officer
(a) The State Historic Preservation Officer shall, through the administration of the Division, and where required by section 742 of this title, with the approval of the Advisory Council on Historic Preservation:
(1) Undertake a statewide survey to identify and document historic properties and sites yielding or likely to yield archaeological and anthropological information.
(2) Adopt standards for the listing of an historic property on the State Register consistent with the standards of the National Register and the relevant federal standards of preservation and care.
(3) Prepare and maintain a State Register of Historic Properties and maintain a nonpublic electronic archaeological inventory database. The Division shall take all measures necessary to ensure the security and protection of archaeological site locations that are accessible through the database, and to ensure that electronic access to this database is limited to authorized persons for authorized activities.
(4) Prepare a State Historic Preservation Plan and review and revise that Plan annually.
(5) Cooperate with federal, State, and local government agencies in the planning and conduct of specific undertakings affecting historic properties and preservation objectives and in the implementation of federal and State laws pertaining to local and regional planning and development, land use planning, and environmental protection.
(6) Establish standards and criteria for the acquisition of historic properties and for the preservation, restoration, maintenance, and operation of properties under the control of the Division.
(7) Provide technical and financial assistance to others involved in historic preservation activities in accord with the preservation criteria of the Division and preservation priorities outlined in the Historic Preservation Plan.
(8) Develop a continuing program of historical, architectural, and archaeological research and development to include surveys, excavation, scientific recording, interpretation, and publication of the historical, architectural, archaeological, and cultural resources of the State.
(9) Maintain, develop, and interpret State-owned historic properties.
(10) Adopt rules under the provisions of 3 V.S.A. chapter 25 to carry out the purposes of this chapter.
(11) Adopt and implement by June 30, 1990, a policy for notifying the property owners and the legislative body of a municipality in which is located an archaeological or historic resource that is being considered for inclusion in the State Register of Historic Properties. This policy shall provide that the Division shall hold a public hearing if the affected municipality requests a hearing.
(b) The Division may:
(1) For the purpose of protecting or preserving any historic property, acquire, preserve, restore, hold, maintain, operate, or dispose of such properties, together with such adjacent or associated lands as may be necessary for their protection, preservation, maintenance, or operation. The property may be real or personal in nature, and in the case of real property, the acquisition may include the fee or any lesser interest therein. Property may be acquired by gift, grant, bequest, devise, lease, purchase, or otherwise. Property may be acquired by the Division using such funds as may be appropriated for the purpose or monies available to it from any other source.
(2) In the case of real property, the interest acquired shall be limited to that estate, agency, interest, or term deemed by the Division to be necessary for the continued protection or preservation of the property. The Division may acquire the fee simple title, but where it finds that a lesser interest, including any development right, negative or affirmative easement in gross or appurtenant covenant, lease, or other contractual right of or to any real property to be the most practical and economical method of protecting and preserving historical property, the lesser interest may be acquired. Any historic property acquired, whether in fee or otherwise, may be used, maintained, improved, restored, or operated by the Division consistent with the purpose of the continued preservation of the property.
(3) Acquire or dispose of the fee or lesser interest to any historic property, including adjacent and associated lands, for the specific purpose of conveying or leasing the property back to its original owner or to any other person under covenants, deed restrictions, lease, or other contractual arrangements that limit the future use of the property to ensure its preservation. In all cases where property is conveyed, it shall be subject to rights of access, public visitation, and other conditions or restrictions of operation, maintenance, restoration, and repair that the Division may prescribe or may be agreed upon between the Division and the grantee or lessee to accomplish the purposes of this section. In the event that the Division intends to dispose of any historic property in fee, the transaction shall first be approved by the General Assembly.
(4) Enter into and carry out contracts with the federal government or any agency thereof under which the government or agency grants financial or other assistance to the Division to further the purposes of this chapter. The Division may agree to and comply with any reasonable conditions not inconsistent with State law that are imposed on those grants. The grant funds or other assistance may be accepted from a federal government or agency and expended whether or not pursuant to a contract. The Division may further enter into and carry out contracts with municipalities and with any other person to further the purposes of this chapter.
(c) The State Historic Preservation Officer and the Division shall adopt a procedure for the efficient review in accordance with this chapter and the National Historic Preservation Act, 16 U.S.C. chapter 1A, subchapter II, of undertakings related to the provision of broadband services, and shall take all feasible steps to effect such efficient review. Unless contrary to federal requirements, any review of pole attachments shall be conducted using a systemic approach.
Added 1975, No. 109, § 4; amended 1979, No. 61, § 1; 1989, No. 194 (Adj. Sess.), § 1, eff. May 21, 1990; 1995, No. 46, §§ 43, 44; 2001, No. 35, § 3; 2009, No. 47, § 3; 2011, No. 53, § 7, eff. May 27, 2011; 2023, No. 85 (Adj. Sess.), § 250, eff. July 1, 2024.
