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

s •
course of an agency action and in all cases
prior to an agency decision concerning an
action which may have an effect on properties
listed in the State Register, the agency
• initiating the action shall identify such
properties located within the area of the
proposed action, notify the Society of the
proposed action, request a determination of
effect on such properties, and afford the
Society a period of thirty days in which to
review the proposed action."
The Society argues that the use of the term "historical
significance" in the first sentence of Section 104(2)(a) gives it
the authority to review the effects of an agency action on any
property which it deems historically significant, regardless of its
inclusion in the State Register.
This position is clearly erroneous in light of the title of
Section 104 ("Effect of State Register"), and in light of the
definition of the terms "effect," "review," and "properties."
Moreover, the definition of the term "historical significance"
requires a determination by the Society of historical significance.
The procedure for determining historical significance, and thus
inclusion in the State Register, is set forth in Subsections 105
through 107 of the Act.
Contrary to the position of the Society, Section 104 of the
Act only protects those properties which are listed or nominated
for listing in the Register. Section 104(1) designates properties
which may be reviewed and commented upon by the Society. Pursuant
to Section 104(1), only "properties nominated for inclusion in or
accepted by the State Register shall be protected from any action
initiated by a state agency until a final determination concerning
the effect of such action on such properties is made pursuant to
subsection 2" of Section 104. Subsection 2 then sets out the
timing and procedure for determination of the effect of such
action.
Section 104(2)(a) addresses the timing of the review and
comment procedure. The procedure of Section 104(2)(a), with
respect to listed or nominated properties, is triggered at the
earliest stage of planning when it is first anticipated that an
action will affect a listed or nominated property, but in any event
prior to a final agency decision affecting a listed property. The
legislature's unfortunate use of the word "historical significance"
in this sentence should not be read to expand the Society's duties.
In fact, the Society's duties are clearly set out in section
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