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historic preservation


Federal & State Laws, Executive Orders, Administrative Rules


Review and Compliance

The South Dakota Office of the State Historic Preservation Officer (SHPO) receives and reviews an average of 1,500 federal and state projects each year. SHPO reviews these projects under Section 106 of the National Historic Preservation Act (NHPA) of 1966, as amended, and the South Dakota Codified Law (SDCL) 1-19A-11.1.

Section 106 of the NHPA requires Federal agencies to take into account the effects of their undertakings on historic properties. In general, an undertaking is any project or activity that is federally funded, permitted, or licensed, or receives federal approval. The role of the SHPO in the Section 106 process is to advise and assist federal agencies in carrying out their Section 106 responsibilities. The SHPO reflects the interest of South Dakota and its citizens in the preservation of their cultural heritage and ensures that agencies make a reasonable and good-faith effort to consider the effects of their projects on historic properties. Most of the projects that SHPO receives for Section 106 review and consultation have no effect on historic properties. Approximately 1% of all projects are determined to have an adverse effect on historic properties, so a memorandum of agreement (MOA) is negotiated and executed to avoid, minimize, or mitigate these adverse effects.

Similar to Section 106 of the NHPA, the role of the SHPO in the state preservation law, SDCL 1-19A-11.1, is to comment on projects proposed by the State, or any political subdivision of the State (cities, counties, etc.), that have the potential to damage, destroy, or encroach upon any historic property listed in the State or National Register of Historic Places.

Through project review and consultation with federal and state agencies, the review and compliance program has been highly successful in preventing the inadvertent destruction of historic properties in South Dakota.

For more information, go to our Contact Page.

South Dakota Guidelines for Complying with Federal and State Preservation Laws

Submitting Projects to SHPO

Secretary of the Interior's Standards for Rehabilitation

NPS Federal Historic Preservation Laws & Executive Orders

Federal Laws

National Historic Preservation Act of 1966 (as amended)

Electronic Review & Compliance (ERC) System

ERC Access Instructions

Information Needed for Section 106 Project Review

Frequently Asked Questions

Advisory Council on Historic Preservation (ACHP) Regulations & Information (36 CFR Part 800)

Advisory Council on Historic Preservation (ACHP): Citizen's Guide to Section 106 Review

Advisory Council on Historic Preservation (ACHP) Section 106 Regulations Flow Chart

Advisory Council on Historic Preservation (ACHP) Archaeology Guidance

Photographic Documentation Guidelines

CR GRID - Cultural Resource Geographic Research Information Display

Other Federal Laws 

Federal Historic Preservation Laws, 5th edition 2018, National Park Service

State Law

SDCL 1-19A-11.1 (often referred to as 11.1)

Electronic Review & Compliance (ERC) System

ERC Access Instructions

Summary & Procedures

Project Review Flow Chart

SDCL 1-19A-11.1. Preservation of historic property

ARSD 24:52:07:03. Standards for case report

South Dakota Codified Laws

SDCL 1-19 Historic Sites and Monuments

SDCL 1-19A Preservation of Historic Sites

SDCL 1-19B County and Municipal Historic Preservation Activities

SDCL 34-27-25 Reporting Discovery of Human Skeletal Remains

SDCL 34-27-28 Notification to Landowner and Coroner

SDCL 34-27-31 Discovery of Human Remains or Funerary Objects by State Educational Institution or Museum

South Dakota Administrative Rules

ARSD 24:52:06 State Register of Historic Places

ARSD 24:52:07 Standards for Continued Listing on the State Register

ARSD 24:52:10 Deadwood Historic Preservation Fund

ARSD 24:52:13 Project Review

ARSD 24:52:14 Historic Preservation Tax Certification

ARSD 24:52:15 Historic Preservation Grants and Loans

ARSD 24:52:16 Heritage Area Designation


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