2006 Kansas Code - 58-1307

      58-1307.   Same; historic facilities; duties of state historic preservation officer; review of state action. (a) Any governmental entity undertaking an addition to or alteration of a qualified historic facility, as defined in section 504(c) of the Americans disabilities act of 1990 as required by Title II, shall follow 28 CFR Part 35.150(b)(2) and 35.150(d).

      (b)   Any person undertaking an addition to or alteration of a qualified historic facility, as defined in section 504(c) of the Americans with disabilities act of 1990 as required by Title III, shall follow 28 CFR Part 36.405.

      (c)   Any consultation for alternative methods of access with the state historic preservation officer required by 28 CFR Part 35.150(b)(2) or 35.150(d) or 28 CFR Part 36.405 shall include descriptions of alternative methods of providing access, one copy of the facility plans, with dimensions, for the applicable areas of the addition or alteration, and photographs of the existing conditions.

      (d)   In addition to subsection (c), the state historic preservation officer shall solicit additional information from the requestor and perform an on-site inspection of the qualified historic facility.

      (e)   The state historic preservation officer shall initiate consultation and evaluation of properly submitted requests within 30 days from the date the request was received.

      (f)   Any action by a state officer or agency pursuant to this section is subject to review in accordance with the act for judicial review and civil enforcement of agency actions. Any action pursuant to this section by any other person or entity is subject to review by the district court of the county where the facility is located.

      History:   L. 1978, ch. 213, § 5; L. 1986, ch. 208, § 5; L. 1986, ch. 318, § 79; L. 1992, ch. 208, § 9; L. 1994, ch. 195, § 7; July 1.

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