There are several portions of the North Dakota Century Code that are relevant to historic preservation review:
§ 1-08-04.1 State property having historical or artistic significance … Except for the board of higher education and state institutions under the jurisdiction of the board, every state official or entity that, on behalf of the state, holds, acquires, or receives property having historical or artistic significance shall document and inventory that property on forms furnished by the state historical society… Before transfer of ownership or other disposal of property documented and inventoried under this section, that property must be offered to the state historical society for inclusion in its historical collections.
§ 55-02-07 Protection of historical or archaeological artifacts or sites.
Any historical or archaeological artifact or site that is found or located upon any land owned by the state or its political subdivisions or otherwise comes into its custody or possession and which is, in the opinion of the director of the state historical society, significant in understanding and interpreting the history and prehistory of the site, may not be destroyed, defaced, altered, removed, or otherwise disposed of in any manner without the approval of the state historical board, unless section 55-02-07.2 applies to the site. Notification of the director's opinion of significance must be communicated to the appropriate governing official. The state historical board through the director, within sixty days of written notification to it by the appropriate governing official of the state or political subdivision's desire, need, or intent to destroy, alter, remove or otherwise dispose of a significant artifact or site, shall provide the governing official written direction for the care, protection, excavation, storage, destruction, or other disposition of the significant artifact or site. The state and its political subdivision shall cooperate with the director in identifying and implementing any reasonable alternative to destruction or alteration of any historical or archaeological artifact or site significant in understanding and interpreting the history and prehistory of the state before the state historical board may approve the demolition or alteration.
The procedures regarding protection of public health and safety on sites having a public function are outlined under NDCC 55-02-07.2.
§ 55-03 Protection of Prehistoric Sites and Deposits discusses permits and artifact collections.
§ 55-10 Preservation of Historic Sites and Antiquities requires cooperation between the state and its political subdivisions and the state historical society for any property listed in the State Historic Sites Registry (§ 55-10-09) and prohibits any demolition or cause to alter the physical features or historic character of any site listed in the state historic sites registry as a state historic site without first obtaining the prior approval from the director of the state historical society upon authorization of the state historical board, unless section 55-02-07.2 applies to the site. The state and political subdivisions shall cooperate with the director of the state historical society in identifying and implementing any reasonable alternative to demolition or alteration of any state historic site before the board approves the demolition or alteration (§ 55-10-08).
Several other titles under the North Dakota Century Code, such as Titles 49 and 89, also require consultation with the state historical society. For inquiries or to submit a review request, please email shsculturalreview@nd.gov.
North Dakota Administrative Code § 40-02-01-10 also requires permission through the state historical society director for any alteration or demolition of properties listed in the State Historic Sites Registry by any state department or agency or any city, county, school district, or other body corporate and politic and provides details for the process of requesting permission.
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