- The responsibilities of the commission must be complementary to and
coordinated with those of the HPO. These tasks are enumerated in the
National Historic Preservation
Act of 1966, and in state and federal preservation standards, guidelines,
- Each CLG shall have a commission with a minimum of five (5) members.
Qualifications for commission members shall not be more stringent or
comprehensive than requirements for the State Review Board as defined
in 36 CFR 61. All commission members shall have a demonstrated interest,
competence, or knowledge in historic preservation.
Local governments shall make a good faith effort to appoint professional
members from the disciplines of architecture, history, architectural
history, planning, archaeology, or other related fields, to the extent
such professionals are available in the community. A good faith effort
shall include contacting professionals who are known to reside in the
community, and contacting universities or professional organizations
to locate such professionals in the community if they are not known
to live there.
Commissions must document in writing the manner in which such effort
was made. Documentation shall take the form of a written description
of efforts undertaken and organizations and individuals contacted, with
copies of correspondence if available. Nothing in this part shall be
construed to encourage the appointment of professionals who do not have
a demonstrated interest, competence, or knowledge in historic preservation.
*Note: The intent of this guideline, and the corresponding federal regulation,
is to provide a mix of professional and lay members on local review
commissions. Professionals can help a local review board make objective
decisions; the appointment of such professionals may enhance the credibility
of the local review commission in a community. Lay members with a demonstrated
interest in or knowledge of preservation also bring much that is valuable
to a commission, including organizational or parliamentary skills, familiarity
with the community's values and political processes, and knowledge of
local historic resources. Both professionals and laymen are concerned
about preservation and can provide useful insights.
- Terms of office of CLG commission members shall be staggered and of
at least two years duration. Terms may not exceed four years, but there
is no limit on the number of consecutive terms served by any one member.
- The local appointing authority shall act within sixty (60) days to
fill a vacancy. The 60-day period commences on the date of an expired
term, letter of resignation, or at the time the commission chairman
recognizes that there is a vacancy as defined by the commission's rules
- In addition to Year-End Monitoring Reports to update property designations
and resumes of commission members, a formal evaluation report of the
activities of the commission shall be submitted once every 3 years (triennial)
to the SHPO. Such reports shall include, but are not limited to,
such items as the number and types of cases reviewed and their disposition,
new designations made, revised resumes of commission members, appointments
to the commission, attendance records, additions to and deletions from
the inventory of historic properties, and all minutes relating to the
consideration of NRNs. The report shall also include an affirmative
statement that the local government has met the requirements for certification
contained in these guidelines.
- In addition to any other responsibilities delegated to it by state
or local law, the CLG commission shall review all proposed NRNs for
properties within its jurisdiction.
When a commission considers a NRN for a resource (such as an archaeological
site, or a building or district possessing historical and/or architectural
significance) which is normally evaluated by a professional in a specific
discipline (such as an archaeologist, architect or architectural historian,
or historian), and that discipline is not represented on the commission,
the commission must seek expertise in this area before rendering its
decision. When particular expertise is lacking, the commission is encouraged
to seek the assistance of professionals in the community or region,
such as college or university faculty or museum staff.
Commissions may wish to explore the possibility of sharing professional
expertise among several communities. Commissions may also seek the assistance
of either the Archaeology or Survey and Planning branches of the DAH.
Professionals consulted for NRHP eligibility should meet the qualification
standards in 36 CFR 61, Appendix
A, which is included as the Appendix to these guidelines.
- The CLG commission may be made up combining existing local commissions
which may continue to operate individually in some cases. However, any
activity specifically addressed in federal CLG regulations, or other
activities specified by the state in the certification agreement, must
be handled by the CLG commission as a whole.
- Federal regulations require that there be no overlapping jurisdictions
(e.g. between city and county). The North Carolina SHPO will determine
on a case by case basis how to handle those communities wishing to be
certified where joint commissions have been established (e.g. a county
joint historic landmarks commission with jurisdiction in both municipal
and unincorporated areas).
- The SHPO may, at his/her discretion and by mutual written agreement
with the local government delegate further responsibilities to the CLG
commission. Local governments may petition to assume greater responsibility
for preparation of NRNs, environmental review, and review of tax act
projects provided they have sufficient and qualified staff. Staff qualification
shall be consistent with the standards established in the 36 CFR 61
(see Appendix). Note:
Professional members with qualifications as described in the Appendix
are required if the commission petitions to assume the additional responsibilities
- At least two commission members, and the designated member of the
CLG's staff (see below) must attend at least one informational or educational
meeting per year pertaining to the work and functions of the commission
or to historic preservation. Such meetings may include those sponsored
by the HPO, the Attorney General's Office, the Historic Preservation
Foundation of North Carolina, Inc. (also known as Preservation/North
Carolina), the National Trust for Historic Preservation, or a local
- The HPO shall make available orientation materials and training to
all CLGs and commissions. The orientation and training shall be designed
to provide a working knowledge of the roles and operations of federal,
state, local, and private preservation programs.