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State — Discussion

  1. Preservation Issues and Initatives
    1. Broad issues
      1. Issues Brief: Growth and Quality of Life Tool Kit, National Governors Association
    2. List issues
    3. Identify as national, state and/or local
    4. Determine now needs and/or opportunities are met.
      1. Mandated legislation, statutes, ordinances, programs, etc.(federal, state and/or local level)
      2. Elective programs and initiatives
      3. List of initiatives (several of these are addressed under Readings.)
      4. Funding
  2. State
    1. Lists
      1. Statewide & Local Partners, NTHP (scroll down to search)
    2. Procedural laws
      1. Definition
      2. National Conference of State Legislatures (NCSL)
      3. Preservation commission laws
      4. "State 106" laws
    3. State enabling laws (acts)
      1. Definition
      2. Enabling legislation
        1. Rigid vs. flexible
      3. Model local ordinances
      4. Utah H.1 Model Historic Preservation Ordinance, Version #1: Basic Ordinance with Amendment Option [Download as PDF file.]
      5. Draft Oregon Model Historic Preservation Ordinance, November 2, 1999. [Download as RTF file.]
      6. TITLE 10 STRUCTURES, Chapter 13 Historic Preservation, adopted by Ordinance No. 4721. Derived from Ordinance No. 4000. Boulder, Colorado. Potential Changes.
    4. State Historic Preservation Office NCSHPO.
      1. Mandated programs (NHPA, others) NHPA Sec 101.
      2. Elective programs
      3. Distinguish difference (assignment), population(s) served
    5. "Statewide Nonprofits"
      1. Elective programs
      2. Population(s) served
    6. Compare SHPO and Statewide


Enabling Act

An enabling act is a piece of legislation by which a legislature grants an entity which depends in on it for authorization or legitimacy to take a certain action or actions. Wikipedia.


An obligation handed down by an inter-governmental body. Wikipedia.

Procedural Law

Law that prescribes the procedures and methods for enforcing rights and duties and for obtaining redress (as in a suit) and that is distinguished from law that creates, defines, or regulates rights (the federal courts in diversity actions must apply state substantive law and federal procedural law - Miller v. American Dredging Corp., 595 So. 2d 615 (1992). Answers.

Procedural law comprises the rules by which a court hears and determines what happens in civil or criminal proceedings. The rules are designed to ensure a fair and consistent application of due process (in the U.S.) or fundamental justice (in other common law countries) to all cases that come before a court.
Lawyers distinguish procedural law from "substantive law." Substantive law refers to the actual claims and defenses whose validity is tested through the procedures of procedural law. Wikipedia.


A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. Typically, statutes command, prohibit, or declare something. Statutes are sometimes referred to as legislation or "black letter law." Wikipedia.