Kansas Statutes 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 C.F.R. 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 C.F.R. part 36.405.
Terms Used In Kansas Statutes 58-1307
- Facility: means all or any portion of buildings, structures, sites, complexes, equipment, rolling stock or other conveyances, roads, walks, passageways, parking lots or other real or personal property, including the site where the building, property, structure or equipment is located. See Kansas Statutes 58-1301b
- Governmental entity: means a "public entity" as defined in Title II, but shall not include the national railroad passenger corporation, and any commuter authority, as defined in section 103(8) of the rail passenger service act (45 U. See Kansas Statutes 58-1301b
- Person: means an individual, partnership, corporation or other association of individuals. See Kansas Statutes 58-1301b
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- Title II: means 28 C. See Kansas Statutes 58-1301b
- Title III: means 28 C. See Kansas Statutes 58-1301b
- Undertaking: means a promise or security in any form where required by law. See Kansas Statutes 77-201
(c) Any consultation for alternative methods of access with the state historic preservation officer required by 28 C.F.R. part 35.150(b)(2) or 35.150(d) or 28 C.F.R. 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 Kansas judicial review act. 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.