PURPOSE: This rule provides guidelines for acquisition of historic property by the Historic Preservation Revolving Fund.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. Therefore, the material which is so incorporated is on file with the agency who filed this rule, and with the Office of the Secretary of State. Any interested person may view this material at either agency’s headquarters or the same will be made available at the Office of the Secretary of State at a cost not to exceed actual cost of copy reproduction. The entire text of the rule is printed here. This note refers only to the incorporated by reference material.

1. (1) The following minimum requirements must be met for acquisition of any interest in a property by the fund:

   1. (A) The property must be significant to the state’s historic resources and must be listed on or considered eligible for listing on the National Register. Properties may be listed or considered eligible for listing either individually or as a contributing structure in a district.

      1. 1. Properties not already listed on the

National Register must be reviewed and deemed eligible for listing by a majority of staff reviewers.

1. 2. Properties deemed eligible for listing

on the National Register must meet the requirements outlined in the Code of Federal Regulations, 36 CFR 60.4. 10 CSR 90-3

1. 3. Any property previously deemed inel-

igible by staff reviewers must be reconsidered and deemed eligible, after review of additional or new information, or actually listed on the National Register, before it can be considered for acquisition or other assistance by the fund. Final determination of National Register eligibility shall rest with the Historic Preservation Program director; and

1. (B) Structural Condition. The property must—

   1. 1. Have enough original features and

materials to be eligible for listing or to remain on the National Register; and

1. 2. Be structurally sound enough for

rehabilitation to be physically and economically feasible.

1. (2) The following criteria shall be considered in evaluating properties for acquisition of any interest by the fund:

   1. (A) Endangerment—whether the continued historic character of the property is determined by the department to be endangered or threatened;
   2. (B) Historic Significance of the Property— whether the property has historic significance to the state, its communities or the United States;
   3. (C) Economic Feasibility—whether the costs associated with acquisition and eventual rehabilitation are considered reasonable by the department based on market conditions in the property’s area with respect to the probability of resale;
   4. (D) Additional Financial Alternatives— whether additional financial assistance is available for preservation of the property;
   5. (E) Marketability—whether the property is considered by the department to be marketable;
   6. (F) Local Support—whether the preservation of the property is supported by the local community;
   7. (G) Public Visibility—whether the property will be visible to the public, provide a positive example for preservation and educate the public regarding the benefits of preservation;
   8. (H) Environmental Factors—whether the property is situated in a positive environment, such as an active, preservation-oriented neighborhood, a rural setting or a downtown redevelopment area. Commercial or subdivision developments, industrial areas and flood plains shall not be considered as positive environments; and
   9. (I) Community Benefit—whether preservation of the property would benefit the community. Community benefits may include, but shall not be limited to, preserving a local landmark or a key building in a downtown block, or providing space for a community center, arts facility or other public benefit as demonstrable.
2. (3) Any property acquired in fee by the fund shall be subjected to covenants meeting the requirements of section 253.405 of the Historic Preservation Revolving Fund Act upon resale by the fund.
3. (4) The terms of all acquisitions shall be approved in writing by the director of the Department of Natural Resources. The department will not be obligated to acquire (or sell) any property until a purchase (or sales) contract is signed by all parties.

AUTHORITY: section 253.035, RSMo Supp. 1993.* Original rule filed May 28, 1992, effective Jan. 15, 1993.

*Original authority: 253.035, RSMo 1961, amended 1967, 1983, 1993, 1995.