PERMFILE70660

• Permit No: M1993023
• IBM Index Class Name: Permit File
• Doc Name: IN RE PETITION OF MOFFAT CNTY FOR DECLARATORY ORDER
• Media Type: D
• Archive: No

Declaratory Order concluding that the Act does not authorize or
require the Society to review or comment on properties which are
not listed or nominated for listing on the State Register.
' II. NECEBBITY OF DECLARATORY ORDER
A Declaratory order is necessary here to terminate a
controversy and remove uncertainty regarding applicability of the
Act to Petitioner's permit affecting unlisted property. The
uncertainty arises from the ambiguity of the Act. Thus, pursuant
to Rule 2.5.1, Petitioner is entitled to a Declaratory Order.
III. SUMMARY OF THE ACT
The Act creates a State Register of Historic Properties (the
"State Register") to aid state agencies in the protection of sites
and structures possessing historical significance. Section 102 of
the Act contains thirteen (13) defined terms. The defined terms
are used throughout the Act. The definitions of these terms must
be kept in mind when reading and interpreting the Act. Section 103
creates the State Register which is administered by and under the
control of the Society. Section 104 is titled "Effect of State
Register." Section 104(2) sets forth the procedure for protection
of properties listed in or nominated for inclusion in the State
Register. Sections 105, 106 and 107 set forth the procedure for
nomination and inclusion of a property in the State Register.
Section 108 sets forth the duties of the Society with respect to
the State Register.
IV. CONTROVERSY AND ARGUMENT
Al 24-80.1-104 is ambiguous and is misconstrued by the
Society. Petitioner asserts that the Act does not give the Society
any authority over properties which are neither nominated nor
listed in the State Register. Until the early 1990's, the Society
also took the position that the Act only protected properties which
are listed or nominated for listing in the State Register. See
materials prepared by the Society in 1977, attached hereto as
Exhibit B. In the early 1990's, however, nearly fifteen (15) years
after passage of the Act, the Society began to interpret the Act
much more broadly, asserting a right to review and comment on
agency actions which adversely affect any property located in the
State of Colorado which is or may be of historical significance.
The Society bases its position on the Act's use of the term
"Historical Significance" in Section 104(2)(a). The first sentence
of Section 104(2)(a) of the Act provides as follows:
"At the earliest stage of planning or
consideration of a proposed action or when it
is anticipated that properties of historical
significance may be adversely affected in the