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, contact the Review and Compliance Coordinator
South Dakota Guidelines for Complying with Federal and State Preservation Laws
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
Information Needed for Section 106 Project Review
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
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