Rhode Island Code of Regulations Title 530 - Historical Preservation And Heritage Commission
Title 530 of the Rhode Island Code of Regulations contains the rules and procedures used by the Rhode Island Historical Preservation and Heritage Commission (RIHPHC). This Commission is the state agency responsible for identifying, protecting, and promoting Rhode Island’s historic, archaeological, cultural, and heritage resources.
Below is a clear, detailed explanation of what this title covers and how it works, without using external links.
1. Purpose of Title 530
Title 530 exists to:
Protect historic buildings, districts, landscapes, and archaeological sites
Ensure state and federally funded projects consider historic resources
Guide preservation planning across the state
Promote public understanding of Rhode Island’s history and heritage
Establish fair, consistent procedures for reviewing projects that may affect historic resources
In short, it provides the legal and procedural framework for historic preservation in Rhode Island.
2. The Rhode Island Historical Preservation and Heritage Commission (HPHC)
Title 530 formally defines the authority and responsibilities of the Commission.
Core responsibilities include:
Acting as the State Historic Preservation Office (SHPO) under federal law
Maintaining the State Register of Historic Places
Administering historic preservation grants
Reviewing public and some private projects for impacts on historic resources
Advising state agencies, municipalities, and the public on preservation matters
The Commission works with federal agencies, state departments, cities and towns, tribal representatives, and private property owners.
3. Historic Resource Identification and Evaluation
Title 530 sets rules for how historic resources are identified and evaluated.
This includes:
Historic buildings (homes, schools, churches, mills, etc.)
Historic districts (groups of related buildings or areas)
Archaeological sites (prehistoric and historic)
Cultural landscapes (parks, farms, waterfronts, burial grounds)
The regulations explain:
How surveys are conducted
What criteria are used to determine historical significance
How age, integrity, and historical context are evaluated
4. State and National Register Processes
Title 530 governs how properties are nominated to:
The Rhode Island State Register of Historic Places
The National Register of Historic Places
Key points:
Listing is primarily honorary and recognizes historical significance
Listing does not automatically prevent private owners from altering or selling property
State Register listing can trigger review requirements for state-funded projects
Owners are notified and given opportunities to comment
5. Review of Projects (Section 106–Style Review)
One of the most important parts of Title 530 is the project review process.
When review is required:
State-funded or state-permitted projects
Federally funded or licensed projects (through coordination)
Projects involving state-owned historic property
The review process examines:
Whether historic or archaeological resources are present
Whether a project will have no effect, adverse effect, or beneficial effect
Whether alternatives or mitigation measures are available
Possible outcomes:
Project proceeds as planned
Project is modified to reduce harm
Mitigation is required (documentation, preservation, interpretation)
6. Archaeology and Burial Protection
Title 530 includes strong protections for archaeological resources, especially human burials.
Regulations cover:
Permits for archaeological investigation
Procedures when unexpected archaeological discoveries occur
Immediate steps required if human remains are found
Coordination with Native American tribes when applicable
Unauthorized disturbance or removal of archaeological materials is prohibited.
7. Grants and Financial Assistance
The regulations explain how the Commission administers preservation funding.
Covered programs include:
Historic preservation grants
Matching fund requirements
Eligibility criteria
Application, review, and award procedures
Compliance and reporting requirements
Grant recipients must follow preservation standards and maintain the historic integrity of funded properties.
8. Standards for Treatment of Historic Properties
Title 530 adopts recognized preservation principles for work on historic resources.
These standards guide:
Restoration
Rehabilitation
Preservation
Adaptive reuse
They emphasize:
Retaining historic materials and features
Repair rather than replacement when possible
Avoiding alterations that destroy historic character
9. Enforcement and Compliance
The regulations describe:
Compliance requirements for project sponsors
Consequences for failure to follow review or permit rules
Authority of the Commission to withhold approvals or funding
The goal is compliance and protection, not punishment.
10. Public Participation and Transparency
Title 530 supports public involvement by:
Requiring notice for certain actions
Allowing public comment on nominations and major projects
Maintaining public records of decisions and surveys
This ensures preservation decisions are transparent and accountable.
11. Relationship to Local Historic Districts
Title 530 does not replace local historic district commissions.
Instead:
Local districts regulate private property changes at the municipal level
Title 530 applies mainly to state and federal actions
The Commission often advises and supports local preservation efforts
12. Overall Significance of Title 530
Title 530 is important because it:
Protects Rhode Island’s historical identity
Balances development with preservation
Ensures legal consistency statewide
Aligns state practices with federal preservation law
Safeguards irreplaceable cultural resources for future generations
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