TITLE XIX
PUBLIC RECREATION

Chapter 227-C
HISTORIC PRESERVATION

General Provisions

Section 227-C:1

    227-C:1 Definitions. –
As used in this chapter, the following words and terms shall have the following meanings unless a contrary meaning shall appear in the context:
I. "Commissioner" means the commissioner of the department of natural and cultural resources or his designee.
II. "Council" means the state historical resources council.
III. "Department" means the department of natural and cultural resources.
IV. "Field investigation" means the search for, identification of, and evaluation of historic resources, and the study of the traces of human culture at any land or underwater historic property, by means of inspection, surveying, digging, excavating, or removing surface or subsurface objects, or going onto a site with that intent.
V. "Historic preservation" means the research, excavation, protection, restoration and rehabilitation of buildings, structures, objects, districts, areas and sites significant in the history, architecture, archeology, or culture of this state, its communities, or the nation.
VI. "Historic property" means any building, structure, object, district, area or site that is significant in the history, architecture, archeology or culture of this state, its communities, or the nation.
VII. "Historic resource" means:
(a) Any historic property which has been listed in the New Hampshire state register of historic places or has been determined eligible for the New Hampshire state register of historic places by the division of historical resources or which has been listed in the National Register of Historic Places or has been determined by the keeper of the register to be eligible for the National Register using the criteria for evaluation in 36 C.F.R. section 60.4;
(b) Any object, or group of objects, located in or associated with an historic property or that enhances an understanding and appreciation of New Hampshire history;
(c) Skeletal remains of humans that would not be subject to the provisions of RSA 611-B and which fall under the provisions of RSA 227-C:8, VI; skeletal remains of other vertebrate animals; and other fossils within a cultural context that constitutes, or may constitute, the whole or part of an historic property;
(d) Any object, or group of objects, and the district, area, or site they define, which may yield significant data but whose value and significance has yet to be determined by the division of historical resources; or
(e) Any significant data that may be used to answer research questions about an historic property, and events and processes of the human past, provided by the fields of archeology, history, architecture and such supplemental sciences as ethnography, paleoecology, and related sciences.
VII-a. "Human remains" or "remains" means any part of the body of deceased human being in any stage of decomposition, together with any artifacts or other materials known or reliably assumed to have been on or interred with the deceased human being.
VIII. "Office" means the state historic preservation office, also known as the division of historical resources, department of natural and cultural resources.
VIII-a. "Skeletal analyst" means the member of the professional staff or another professional person designated by the director of the division of historical resources with the approval of the commissioner having:
(a) A postgraduate degree in a field involving the study of the human skeleton such as skeletal biology, forensic osteology, or other relevant aspects of physical anthropology or medicine;
(b) A minimum of one year's experience in conducting laboratory reconstruction and analysis of skeletal remains, including the differentiation of the physical characteristics denoting cultural or biological affinity; and
(c) Designed and executed a skeletal analysis, and presented the written results and interpretations of such analysis.
IX. "State archeologist" means the member of the professional staff designated by the director of the division of historical resources with the approval of the commissioner to develop, supervise and coordinate activities necessary to discharge and integrate the powers and duties of the office in the field of archeology as mandated by federal and state laws and procedures.
IX-a. "State curator" means the member of the professional staff, designated by the director of the division of historical resources with the approval of the commissioner, charged with the identification, evaluation, protection, and interpretation of objects of historic significance.
X. "Unmarked human burial" means any interment of human remains for which there exists no grave marker or any other historical documentation providing information as to the identity of the deceased.

Source. RSA 227-C:2. 1974, 32:1. 1981, 90:2; 504:1. 1983, 422:3. 1985, 345:3. 1986, 80:2-4. 1988, 201:1, 2. 1990, 73:1. 1998, 363:3. 2007, 324:12, eff. Sept. 14, 2007. 2012, 58:1, eff. July 13, 2012. 2017, 156:38, eff. July 1, 2017.

Section 227-C:1-a

    227-C:1-a Findings and Purpose. –
I. The general court has determined that the historical, archeological, architectural, engineering, and cultural heritage of New Hampshire is one of the most important environmental assets of the state and that the rapid social and economic development of contemporary society threatens the remaining vestiges of this heritage; therefore, it is hereby declared to be public policy and in the public interest of this state to engage in a comprehensive program of historic preservation to promote the use and conservation of such property for the education, inspiration, pleasure, and enrichment of the citizens of New Hampshire.
II. The general court finds that:
(a) Unmarked human burials and human remains are subject to vandalism and inadvertent destruction at an ever-increasing rate;
(b) Existing state laws do not provide adequate protection to prevent damage to and destruction of these remains;
(c) There is a great deal of scientific information to be gained from the proper excavation, study, and analysis of human remains recovered from such burials; and
(d) There has been no procedure for descendants or other interested individuals to make known their concerns regarding disposition of these remains.
III. Some purposes of this chapter are:
(a) To provide adequate protection from vandalism for unmarked human burials and human remains;
(b) To provide adequate protection for unmarked human burials and human remains not within the jurisdiction of the county medical examiner that are encountered during archaeological excavation, construction, or other ground disturbing activities, found anywhere within the state except on federal land; and
(c) To provide for adequate skeletal analysis of remains removed or excavated from unmarked human burials if the analysis would result in valuable scientific information.

Source. 1986, 80:1. 1998, 363:2, eff. Aug. 25, 1998.

Section 227-C:2

    227-C:2 State Historic Preservation Office. – The division of historical resources, department of natural and cultural resources established by RSA 12-A:10-l shall also be known as the state historic preservation office. The director, division of historical resources shall also be known as the state historic preservation officer.

Source. RSA 227-C:3. 1974, 32:1. 1985, 345:3. 1990, 73:1. 1998, 363:3, eff. Aug. 25, 1998. 2017, 156:32, eff. July 1, 2017.

Section 227-C:3

    227-C:3 Administration. –
I. The director, subject to the approval of the commissioner, shall conduct any relations with the representatives of the federal government and the respective states with regard to matters of historic preservation.
II. The director, subject to the approval of the commissioner, may employ such professional personnel as required, subject to the personnel laws of the state and within budgetary limitations.
III. Consultants, as required, subject to budgetary limitations, may be employed by the director, with the approval of the commissioner.
IV. With the approval of the commissioner, the director may organize councils to assist the division as necessary, such as, but not limited to, an advisory archeological council of professional archeologists and representatives of professional and amateur societies. All members of the councils shall serve without compensation.
V. The director may employ or otherwise engage certified avocational archeologists to assist in the performance of field investigations under the direct supervision of the division, or those authorized by the commissioner, and to assist in information exchange and historic preservation with towns and communities, subject to personnel laws, budgetary limitations, grant restrictions, and approval of the commissioner.

Source. RSA 227-C:4. 1974, 32:1. 1981, 504:2. 1985, 345:3.

Section 227-C:4

    227-C:4 Historic Preservation Functions. –
The division of historical resources shall have the following functions, including, but not limited to:
I. Undertaking a statewide survey to identify and document historic properties, including all those owned by the state, its agencies and political subdivisions.
II. Preparing the state's historic preservation plan with the assistance of the office of planning and development, reviewing that plan annually, and revising it accordingly.
III. Providing information on historic properties within the state to the agencies of the federal, state, regional and local governments and, when appropriate, to private individuals and organizations.
IV. Accepting moneys for historic preservation from public and private sources in the name of the state and utilizing these as conditioned by the appropriation, award, grant or donation, or, if the moneys are unencumbered, supplementing other funding to implement the annual state historic preservation plan.
V. Cooperating with federal, state, regional and local government agencies in the planning and conduct of specific undertakings affecting historic properties and preservation objectives and in overall land use planning.
VI. Coordinating the activities of regional and local government agencies in accordance with the state plan and programs for historic preservation.
VII. Providing technical and financial assistance to regional and local government agencies and private individuals and organizations involved in historic preservation activities.
VIII. Stimulating public interest in historic preservation in cooperation with other state, regional and local agencies and with other private individuals and organizations.
IX. Developing an ongoing program of historical, architectural and archeological research and development to include continuing surveys, excavation, scientific recording, interpretation and publication of the state's historical, architectural, archeological and cultural resources. A reasonable charge may be made for publications.
X. Considering proposals to erect highway historical markers under RSA 236:41. No such marker shall be put in place without division approval. The division may make cooperative agreements with towns and historical organizations to place historic markers under RSA 236:44.
XI. Providing technical review and comment relative to the commissioner's powers and duties in the preservation of state historic resources under RSA 227-C:6-8.
XII. Cooperating with the state historian appointed under RSA 17-I:3.
XIII. Cooperating with the state archivist appointed under RSA 8-B:4.
XIV. Cooperating with and aiding municipalities in the establishment, layout and definition of historic districts under RSA 674:45-50.
XV. Cooperating with and assisting state and local historical societies in their historic preservation activities.
XVI. Cooperating with the director, division of parks and recreation, in the administration of state public areas which are historic sites under RSA 218:5-a, I(a) and RSA 218:5-a, II(a).
XVII. The archaeological discovery, investigation, analysis, and disposition of human remains.
XVIII. Accepting gifts of objects of historic significance, either directly or pursuant to RSA 4:8-a, cataloguing such gifts, and including such gifts in the descriptive inventory and photographic reproduction collections required by RSA 5:30, X. Accepted gifts shall be formally recognized by the governor under RSA 4:8 or by the governor and council under RSA 4:8-a.
XIX. Placing objects of historic significance at locations most appropriate to their conservation and interpretive needs, pursuant to RSA 4:9.
XX. Advising legislative committees and executive departments on the conservation needs of state-owned objects of historic significance.
XXI. Administering the state heritage landmark designation review process established under RSA 227-C:24-26.

Source. RSA 227-C:5. 1974, 32:1. 1981, 504:3. 1983, 422:6. 1985, 345:3. 1986, 80:5. 1988, 201:3. 1993, 101:1. 2003, 319:9. 2004, 257:44, eff. July 1, 2004. 2017, 156:64, eff. July 1, 2017. 2021, 91:198, eff. July 1, 2021.

Section 227-C:5

    227-C:5 Rulemaking. –
The commissioner of natural and cultural resources shall adopt rules, under RSA 541-A and subject to ratification by the state historical resources council, relative to:
I. Identifying and documenting historic properties, as authorized by this chapter.
II. Preparing the state's historic preservation plan, as authorized by RSA 227-C:4, II.
III. Providing information on historic properties within the state to agencies of the federal, state, regional and local governments, as authorized by RSA 227-C:4, III.
IV. Coordinating regional and local government activities with the state historic preservation plan and programs, as authorized by RSA 227-C:4, VI.
V. Providing technical and financial assistance to regional and local governments involved in historic preservation activities, as authorized by RSA 227-C:4, VII.
VI. Developing an ongoing program of historical, architectural and archeological research and development, including publication of the state's historic resources, as authorized by RSA 227-C:4, IX.
VII. Accepting moneys for historic preservation from public and private sources, as authorized by RSA 227-C:4, IV.
VIII. Categories of field investigations that may yield or alter historic resources, as authorized by RSA 227-C:7, II.
IX. Standards for the conduct of field investigations, as authorized by RSA 227-C:7, I.
X. Qualification criteria for professional and avocational archeologists for all established categories of field investigations, as authorized by RSA 227-C:7, II.
XI. Training and certifying avocational archeologists, as authorized by RSA 227-C:10.
XII. Employing and otherwise engaging avocational archeologists, as authorized by RSA 227-C:3, V.
XIII. Employing consultants, as authorized by RSA 227-C:3, III.
XIV. Issuance, revocation, suspension and extension of permits, as authorized by RSA 227-C:7, IV.
XV. The terms of a permit, as authorized by RSA 227-C:7, IV.
XVI. Fair and equitable allocation and distribution of historic resources recovered from a permitted field investigation, as authorized by RSA 227-C:8, III.
XVII. Preservation agreements for the protection of historic resources released in private custody, as authorized by RSA 227-C:8, IV.
XVIII. Temporary loans of historic resources to qualified persons or institutions within or outside the state, as authorized by RSA 227-C:8, I(d).
XIX. Procedures for the conduct of hearings consistent with due process, as authorized by RSA 227-C:7, V.
XX. Sale or transfer of real property, as authorized by RSA 227-C:9, III.
XXI. Creation and organization of advisory councils, as authorized by RSA 227-C:3, IV.
XXII. Approval of highway historical markers, as authorized by RSA 227-C:4, X.
XXIII. Listing historic districts established under RSA 674:46.
XXIV. Standards for the conduct of the archaeological discovery, investigation, analysis, and disposition of human remains.
XXV. Acquisition, disposal, care, and interpretation of objects of historical significance.
XXVI. Administering the state heritage landmark designation review process established under RSA 227-C:24-26.

Source. RSA 227-C:5-a. 1981, 504:4. 1983, 422:4. 1985, 345:3. 1986, 80:6. 1988, 201:4. 1990, 73:1. 1993, 101:2. 1998, 363:3, eff. Aug. 25, 1998. 2017, 156:38, eff. July 1, 2017.

Preservation of State Historic Resources

Section 227-C:6

    227-C:6 State Title to Historic Resources on State Lands and Under State Waters. –
The state, acting through the commissioner, reserves to itself title of ownership of all historic resources, except for human remains as provided in RSA 227-C:8-a and 8-g, on or from:
I. Lands owned or controlled by the state, its agencies, departments, commissions, institutions or political subdivisions;
II. The bottom of navigable waters in the state, great ponds and 3 miles seaward from the New Hampshire shore in the territorial tidal waters of the state.

Source. RSA 227-C:12. 1981, 504:5. 1985, 345:3. 1986, 80:7, eff. Jan. 1, 1987.

Section 227-C:7

    227-C:7 Permits Issued for State Lands and Waters. –
I. To assure proper protection, investigation, interpretation and management of historic resources, and the continued availability of historic resources for scientific study by qualified persons, agencies or institutions, the state, acting through the commissioner, reserves to itself the exclusive right and privilege to conduct, or cause to be conducted, field investigations of historic resources that involve the alteration of the surface or subsurface of the resource and removal of any surface or subsurface objects.
II. The commissioner shall establish categories of field investigations that may yield or alter historic resources and qualification criteria for professional and avocational archeologists for all categories of field investigations.
III. For purposes of determining proper persons to whom permits may be issued, the original discoverer of a previously unrecorded historic resource shall be conclusively presumed to be an appropriate person to actively participate in all phases of subsequent field investigations and shall be eligible to receive a permit under the rules adopted by the commissioner, except as provided in RSA 227-C:8-a through 8-g relative to the discovery of human remains.
IV. The division shall issue a permit to any person, agency, or institution upon application to conduct field investigations in accordance with the rules adopted by the office, except as provided in RSA 227-C:8-a through 8-g relative to the discovery of human remains.
V. The commissioner may conduct hearings upon receiving written complaint from any person, including a council member, concerning the issuance, denial of issuance, revocation, suspension, extension, or refusal of extension of any permit issued under this chapter.

Source. RSA 227-C:13. 1981, 504:5. 1985, 345:3. 1986, 80:8, eff. Jan. 1, 1987.

Section 227-C:8

    227-C:8 Division and Disposition of Historic Resources. –
I. The commissioner shall be the technical custodian of all state historic resources and shall make arrangements for:
(a) The allocation of any historic resources recovered from a permitted field investigation between state and private custody.
(b) The disposition of the state portion in an appropriate institution of the state as close to the place of origin as possible.
(c) A preservation agreement of the portion released for private custody.
(d) Any temporary loan of the historic resources to qualified persons or institutions in or out of state.
(e) The acquisition, disposition, and placement of objects of historic importance.
II. The permittee shall be required under the terms of the permit to preserve, conserve and restore, as necessary, any historic resources, and to catalogue and record as specified by the department.
III. The commissioner shall fairly and equitably allocate and distribute historic resources recovered from a permitted field investigation, provided that:
(a) Custody of isolated finds from the surface of state land, or the bottom of state waters, is granted to the discoverer when these are brought to the division or its designee, for identification and evaluation of context.
(b) Assurances are made that the original discoverer of a previously unrecorded historic resource receive custody of 25 percent of the recovered material from subsequent field investigations of that resource in which he actively participates.
(c) The formula for the division of the recovered materials shall be based on the percentage of private and public capital invested in a permitted field investigation, with the respective state and private shares being determined by the ratio of public to private investment, provided that no less than 25 percent be retained by the state and no more than 75 percent be released for private custody.
(d) The division of the recovered materials shall be made by the drawing of an appropriate number of equal lots by the permittee, with the arrangement into the necessary number of equal lots being the responsibility of the permittee with the concurrence of the historic preservation officer.
IV. Private custody of historic resources shall be governed by a preservation agreement with the state. The preservation agreement shall be in perpetuity unless rescinded or limited to a period of time by the commissioner and shall specify:
(a) The catalogue numbers and descriptions of the historic resources.
(b) The responsibility of the custodian to guard and protect such materials against loss, theft, destruction, damage or deterioration.
(c) A requirement that the materials be available for reasonably convenient study by qualified persons, agencies and institutions.
(d) A provision for the bequest of the materials upon settlement of the estate.
(e) The custodian's liability to obtain written consent from the division for sale, auction, gift or trade of the collection; provided, however, any disposition of materials by sale or auction shall require that an assessment of 25 percent of the monetary value be paid to the state.
(f) That physical possession of such materials shall revert to the state if the commissioner decides that the designated custodian is not properly caring for such materials or is not keeping them available for reasonably convenient study as required.
V. In considering the disposition of the state share of recovered materials:
(a) An appropriate institution for disposition is one with laboratory facilities where recovered objects may be cleaned, restored and preserved, or one willing to contract with another institution for these services, with secure and fire-protected space of sufficient size for orderly storage and protection of objects, records, photographs and other historic resources, and with a staff capable of caring for the material and making it available to qualified persons or institutions upon a recommendation of the commissioner.
(b) The right and privilege of final disposition shall be granted to the municipality of origin when that municipality requests the historic resources through its local museum, library, historical society, school, or other institution which qualifies as an appropriate institution.
(c) Notwithstanding its right and privilege of final disposition, the right and privilege of initial display or use of the historic resources for other public education activities shall be granted the municipality of origin when that municipality, through its local museum, library, historical society, school, or other institution, agrees to provide secure and fire-protected facilities for storage and exhibit.
VI. Human remains shall be investigated and disposed of in accordance with the provisions of RSA 227-C:8-a through 8-g, and to the extent that they are inconsistent, the provisions of paragraphs I-V shall not apply to the disposition of human remains. Human remains which qualify as historic resources shall be fully documented before final disposition. Documentation shall include, at a minimum: a description of skeletal material (such as age at death, sex, metrical data, and pathologies); a description of artifacts and other materials (such as the type of stone or fabric, size, and indications of use); age of the remains, and cultural association. Human remains which are subject to reinterment under the provisions of RSA 289 shall be accordingly interred, but those which are not, including prehistoric remains, shall be released for reinterment and shall be disposed of according to the provisions of RSA 227-C:8-g.
VII. Appropriate records of all historic resources shall be maintained by the division of historical resources.

Source. RSA 227-C:14. 1981, 504:5. 1985, 345:3. 1986, 76:1, 2; 80:9. 1988, 201:5, eff. July 1, 1988.

Section 227-C:8-a

    227-C:8-a Discovery of Remains and Notification of Authorities. –
I. Any person knowing or having reasonable grounds to believe that unmarked human burials or human remains are being disturbed, destroyed, defaced, mutilated, removed, or exposed shall immediately notify the medical examiner of the county in which the remains are encountered.
II. If the unmarked human burials or human remains are encountered as a result of construction or agricultural activities, disturbance of the remains shall cease immediately and shall not resume without authorization from either the county medical examiner or the state archaeologist, as provided in RSA 227-C:8-b, III or IV.
III. (a) If the unmarked human burials or human remains are encountered by a professional archaeologist, as a result of survey or test excavations, the remains may be excavated and other activities may resume after notification, by telephone or certified letter, is provided to the state archaeologist, and immediate notification is given to living descendants or specific groups known to have affinity with the remains. The treatment, analysis, and disposition of the remains shall be as provided in RSA 227-C:8-c and 8-g.
(b) If a professional archaeologist directing long-term systematic archaeological research, that is, research designed to continue for one or more field seasons of 4 or more weeks' duration, sponsored by any accredited institution, accredited college or university with research interests in New Hampshire, as a part of his or her research, recovers Native American remains or remains from a suspected African American burial ground, he or she may be exempted from the provisions of RSA 227-C:8-b through 8-f and 8-g, III so long as he or she:
(1) Notifies the state archaeologist within 5 working days of the initial discovery of either the Native American remains or the remains from a suspected African American burial ground;
(2) Reports to the state archaeologist, at agreed upon intervals, the status of the project;
(3) Curates the remains prior to ultimate disposition; and
(4) Conducts no destructive skeletal analysis without the express permission of the state archaeologist.
Upon completion of the project fieldwork, the professional archaeologist, in consultation with the skeletal analyst and the state archaeologist, shall determine the schedule for the completion of the skeletal analysis. In the event of a disagreement, the time for completion of the skeletal analysis shall not exceed 4 years. The director or their designee, after consultation with the state archaeologist, shall have authority concerning the ultimate disposition of the Native American remains after analysis is completed in accordance with RSA 227-C:8-g, I and 8-h, II and III. The ultimate disposition of remains and other archaeological materials such as markers, gates, mortuary materials or other archaeological materials found in an African American burial ground shall be in consultation with the descendants or descendant community.
(c) The state archaeologist shall notify the county medical examiner of any reported human skeletal remains discovered by a professional archaeologist.

Source. 1986, 80:10, eff. Jan. 1, 1987. 2023, 200:1, eff. Oct. 3, 2023.

Section 227-C:8-b

    227-C:8-b Jurisdiction over Remains. –
I. Subsequent to notification of the discovery of an unmarked human burial or human skeletal remains, the medical examiner of the county in which the remains were encountered shall determine as soon as possible whether the remains are subject to the provisions of this chapter.
II. If the county medical examiner determines that the remains are subject to the provisions of this chapter, he shall immediately proceed with his investigation. The county medical examiner shall notify the state archaeologist of the discovery of the human skeletal remains and of his findings. The state archaeologist shall immediately take charge of the remains and associated grave items.
III. Subsequent to taking charge of the human remains, the state archaeologist shall have 48 hours to make arrangements with the landowner for the protection or removal of the unmarked human burial or human remains; provided, however, that in the case of prolonged bad weather or upon the discovery of multiple interments, either of which prohibits the state archaeologist from making arrangements with the landowner for protection or removal within 48 hours, the state archaeologist shall have the authority to arrange with the landowner a longer period of time for such protection or removal which is mutually agreeable to both parties. The state archaeologist shall have no authority over the remains at the end of the 48-hour period and may not prohibit the resumption of the construction or agricultural activities without the permission of the landowner, unless other arrangements have been made with the landowner as provided in this paragraph.

Source. 1986, 80:10, eff. Jan. 1, 1987.

Section 227-C:8-c

    227-C:8-c Archaeological Investigation of Human Remains. –
I. If an agreement is reached with the landowner for the excavation of the human remains, the state archaeologist shall either designate a member of his staff or authorize another professional archaeologist to excavate or supervise the excavation.
II. The professional archaeologist excavating human skeletal remains, when in situ preservation is not feasible, shall report to the state archaeologist, by telephone and by certified letter, his opinion on the cultural and biological characteristics of the remains. This report shall be transmitted as soon as possible after the commencement of excavation, but no later than 2 full business days after the removal of a burial.
III. The state archaeologist, in consultation with the professional archaeologist excavating the remains, shall determine where the remains shall be held subsequent to excavation, pending other arrangements according to RSA 227-C:8-d or 8-e.

Source. 1986, 80:10, eff. Jan. 1, 1987.

Section 227-C:8-d

    227-C:8-d Consultation with Native American Community and African American Community. –
I. (a) If the professional archaeologist determines that the human remains are Native American and the remains are known to have affinity to federally recognized Indian tribes or specific living ethnic groups or other nonfederally recognized Indian groups, the state archaeologist shall immediately notify the leaders, officials, or spokespersons for these tribes or groups wherever the appropriate tribes or groups are located, whether in or outside the state of New Hampshire. The state archaeologist shall consult with such persons who respond in a timely fashion in the determination of the most appropriate treatment for the interments.
(b) If the professional archaeologist determines that the human remains are from an African American burial ground the state archaeologist shall immediately notify the descendants or descendant community, whether in or outside the state of New Hampshire. The state archaeologist shall consult with such persons who respond in a timely fashion in the determination of the most appropriate treatment for the interments.
II. Within 4 weeks of the notification, the appropriate Indian tribe or group or African American community shall communicate in writing to the state archaeologist its concerns with regard to the treatment of interment and ultimate disposition of the Native American remains or remains from an African American burial ground, whichever applies.
III. Within 90 days of the receipt of the concerns, the state archaeologist, with the approval of the principal official or officials of the Indian group or tribe, or the descendants or descendant community associated with the African American burial ground, whichever is applicable, shall prepare a written agreement concerning the treatment and ultimate disposition of the remains. The written agreement shall include the following:
(a) Designation of a qualified skeletal analyst to work on the skeletal remains;
(b) The type of analysis and the specific period of time to be provided for analysis of the skeletal remains;
(c) The timetable for written progress reports and the final report concerning the analysis to be provided to the state archaeologist by the skeletal analyst and the professional archaeologist; and
(d) A plan for ultimate disposition of Native American remains or remains from an African American burial ground, whichever is applicable, subsequent to the completion of adequate analysis.
IV. If no agreement is reached within 90 days, the state historic preservation officer and commissioner shall determine the terms of the agreement.

Source. 1986, 80:10, eff. Jan. 1, 1987. 2023, 200:2, eff. Oct. 3, 2023.

Section 227-C:8-e

    227-C:8-e Consultation with Other Individuals. –
I. If the professional archaeologist determines that the human skeletal remains are other than Native American or from an African American burial ground, the state archaeologist shall publish notice that excavation of the remains has occurred, at least once per week for 4 successive weeks in a newspaper of general circulation in the county where the burials or skeletal remains were situated, in an effort to determine the identity or next of kin, or both, of the deceased.
II. If the next of kin are located, within 90 days the state archaeologist in consultation with the next of kin shall prepare a written agreement concerning the treatment and ultimate disposition of the skeletal remains. The written agreement shall include:
(a) Designation of a qualified skeletal analyst to work on the skeletal remains;
(b) The type of analysis and the specific period of time to be provided for analysis of the skeletal remains;
(c) The timetable for written progress reports and the final report concerning the analysis to be provided to the state archaeologist and the next of kin by the skeletal analyst and the professional archaeologist; and
(d) A plan for the ultimate disposition of the skeletal remains subsequent to the completion of adequate analysis.
III. If no agreement is reached, the remains shall be handled according to the wishes of the next of kin.

Source. 1986, 80:10, eff. Jan. 1, 1987. 2023, 200:4, eff. Oct. 3, 2023.

Section 227-C:8-f

    227-C:8-f Analysis of Remains. –
I. Skeletal analysis conducted under the provisions of this section shall only be accomplished by a skeletal analyst, as defined in RSA 227-C:1, VIII-a.
II. Prior to the execution of the written agreements outlined in RSA 227-C:8-d, III and 8-e, II, the state archaeologist shall consult with both the professional archaeologist and the skeletal analyst investigating the remains.
III. The professional archaeologist and the skeletal analyst shall submit a proposal to the state archaeologist within the 90-day period set forth in RSA 227-C:8-d, III and 8-e, II, including:
(a) Methodology and techniques to be utilized;
(b) Research objectives;
(c) Proposed time schedule for completion of the analysis; and
(d) Proposed time intervals for written progress reports and the final report to be submitted.
IV. If the terms of the written agreement are not substantially met, the state archaeologist or the next of kin may take possession of the remains. In such cases, the state archaeologist may ensure that appropriate analysis is conducted by another qualified skeletal analyst or professional archaeologist, or by both a professional archaeologist and qualified skeletal analyst, prior to ultimate disposition of the remains.

Source. 1986, 80:10, eff. Jan. 1, 1987.

Section 227-C:8-g

    227-C:8-g Disposition of Human Remains. –
I. (a) If the human remains are Native American, the director or their designee, after consultation with an appropriate federally recognized Indian tribe or specific living ethnic group or other nonfederally recognized Indian group, shall determine the ultimate disposition of the remains after the analysis.
(b) If the human remains are from a newly discovered African American burial ground, the director or their designee, after consultation with the descendants or descendant community associated with the African American burial ground, shall determine the ultimate disposition of the remains after the analysis.
II. If the skeletal remains are other than Native American or from an African American burial ground, and the next of kin have been identified, the next of kin shall have authority concerning the ultimate disposition of the remains after the analysis.
III. If the state archaeologist has received no information or communication concerning the identity or next of kin of the deceased, the remains shall be transferred to the state archaeologist who shall arrange for either permanent curation according to standard museum procedures or for reburial in a public cemetery after adequate analysis.
IV. In the case of remains encountered during the course of long-term research of a professional archaeologist is provided in RSA 227-C:8-a, III(b), the director or their designee, on recommendation of the state archaeologist, may grant permission to a sponsoring institution, which shall include accredited colleges, universities, museums, or professional archaeological organizations, to permanently curate the remains according to standard museum procedures after appropriate analysis is completed.
V. (a) If a determination is made by the director or their designee and the commissioner, in consultation with an appropriate federally recognized Indian tribe or specific living ethnic group or other nonfederally recognized Indian group, that Native American remains shall be reinterred following the completion of analysis, an appropriate tribe or group may provide a suitable reburial location and reburial ceremony. If it elects not to do so, it shall be the responsibility of the department to provide a suitable reburial location.
(b) If a determination is made by the director or their designee and the commissioner, in consultation with the descendants or descendant community associated with the African American burial ground, that the African American remains shall be reinterred following the completion of analysis, the community may provide a suitable reburial location and reburial ceremony. If it elects not to do so, it shall be the responsibility of the department to provide a suitable reburial location.
VI. The expense of transportation of Native American remains or remains from an African American burial ground to the reburial location shall be borne by the party conducting the excavation and removal of the remains. The reburial ceremony may be provided by an appropriate federally recognized Indian tribe or specific living ethnic group or other nonfederally recognized Indian group. If such tribe or group elects not to do so, the reburial ceremony shall be the responsibility of the director or their designee and the commissioner.

Source. 1986, 80:10, eff. Jan. 1, 1987. 2023, 200:3, eff. Oct. 3, 2023.

Section 227-C:8-h

    227-C:8-h Financial Responsibility. –
I. The provisions of this chapter shall not require that the owner or lessee of the land on which the unmarked human burials or human remains are found bear the cost of the excavation, removal, analysis, or disposition if the discovery is the result of vandalism, erosion, or noncommercial land-altering activity.
II. The owner or lessee of the land on which unmarked human burials or human remains are found shall bear the cost of the excavation, removal, analysis, and disposition if the discovery is the result of a privately-financed commercial land-altering activity, including the construction of speculative housing.
III. If the discovery is the result of a state-funded land-altering activity, the department providing the funding shall bear the cost of excavation, removal, analysis, disposition, and land restoration and shall be authorized to use project funds for those purposes.
IV. If unmarked human burials or human remains are discovered by a professional archaeologist as a result of survey or long-term systematic research, the sponsoring institution shall bear the cost of the excavation, removal, analysis, and disposition of human remains and of land restoration.
V. If unmarked human burials or human remains are discovered as a result of vandalism, erosion, or noncommercial land-altering activity, or as a result of survey or long-term systematic research funded by the division of historical resources, the division of historical resources shall bear the cost of the excavation, removal, analysis, and disposition of human remains and of land restoration.

Source. 1986, 80:10, eff. Jan. 1, 1987.

Section 227-C:8-i

    227-C:8-i Prohibited Acts. –
No person shall:
I. Knowingly acquire any human remains removed from unmarked burials in New Hampshire after January 1, 1987, except in accordance with the provisions of this chapter;
II. Knowingly exhibit any human remains acquired from unmarked burials in New Hampshire;
III. Knowingly sell any human remains; or
IV. Knowingly retain human remains acquired from unmarked burials in New Hampshire after January 1, 1987, for scientific analysis beyond a period of time provided for such analysis pursuant to the provisions of RSA 227-C:8-d through 8-f, with the exception of those remains curated under the provisions of RSA 227-C:8-g.

Source. 1986, 80:10. 2009, 156:1, eff. Sept. 6, 2009.

Section 227-C:8-j

    227-C:8-j Exceptions. – Human skeletal remains acquired from commercial biology supply houses or through medical means are not subject to the provisions of RSA 227-C:8-i, I.

Source. 1986, 80:10, eff. Jan. 1, 1987.

Section 227-C:9

    227-C:9 Directive for Cooperation in the Protection of Historic Resources. –
I. All state agencies, departments, commissions, and institutions shall fully cooperate with the division in the location, identification, evaluation and management of historic resources, and to that end shall provide the division with appropriate information on all state licensed, assisted, or contracted projects, activities, or programs so that the division may determine the effect of such undertakings on historic resources.
II. Upon a recommendation of the division that historic resources may be adversely affected, the commissioner shall conduct, or cause to be conducted, any necessary field investigations, subject to personnel and budgetary limitations. State agencies, departments, commissions, and institutions are authorized and encouraged to expend project funds or appropriated moneys for these field investigations.
III. When preparing to sell or transfer real property under its jurisdiction which is expected to have historic resources, or is known to have historic resources, the state, its agencies, departments, commissions, institutions and political subdivisions shall, upon a recommendation of the commissioner:
(a) Condition the sale or transfer upon such covenants, deed restrictions, or other contractual arrangements as shall protect the historic resources for future generations.
(b) Reserve such property from sale or transfer, provided that the reservation of such lands from sale or transfer may be confined to the actual location of the historic resources.
(c) Defer sale or transfer of such property for the purpose of conducting field investigations, including salvage mitigation if necessary, and until the lands are released for sale or transfer by the commissioner.

Source. 1981, 504:5. 1985, 345:3.

Section 227-C:10

    227-C:10 Avocational Archeological Training and Certification. – The division shall provide a means for training nonprofessional persons in technical archeological skills and shall acknowledge the achievement of those who have reached prescribed levels of proficiency in various aspects of archeology. The individuals shall be encouraged to participate in field investigations authorized by the commissioner and supervised by the division. Certification is not to be misconstrued as an authorization to collect or excavate without a permit.

Source. RSA 227-C:16. 1981, 504:5. 1985, 345:3.

Section 227-C:11

    227-C:11 Confidentiality of Archeological Site Location Information. – Information which may identify the location of any archeological site on state land, or under state waters, shall be treated with confidentiality so as to protect the resource from unauthorized field investigations and vandalism. Toward this end, state agencies, departments, commissions, institutions and political subdivisions, permittees and private landowners with preservation and conservation agreements shall consult with the commissioner before any disclosure of information to insure that the disclosure would not create a risk to the historic resource or that it is done in a manner to minimize the risk. Such information is exempt from all laws providing rights to public access. Disclosure for the public record for tax assessment, transfer, sale or other consideration of the property shall receive careful consideration to minimize the risk to the resource.

Source. RSA 227-C:17. 1981, 504:5. 1985, 345:3.

Section 227-C:12

    227-C:12 Exemptions and Limitations. –
I. Notwithstanding any provision of this subdivision to the contrary, any person who, prior to the effective date of this subdivision, has acquired historic resources from state lands or waters, which include items commonly known as antiques, may continue to possess or market such items as antiques.
II. Treasure hunting with metal detectors and dowsing rods is exempted from the restrictions of this subdivision on the following lands owned or controlled by the state, its agencies, departments, commissions, and institutions, unless an historic resource on such land has been recorded and restrictions are posted:
(a) Beaches;
(b) Athletic fields;
(c) School grounds;
(d) Perimeters of cemeteries;
(e) Unpaved roads;
(f) Within 25 feet of picnic tables and park pavilions; and
(g) Currently used dumps.
III. No power is conferred by this subdivision upon any official, commission, or other agency of state or local government to close any body of water or portion thereof, or access thereto, on a temporary or permanent basis, to recreational diving, recreational or commercial fishing, scallop dragging, recreational or commercial boating, or lobstering.
IV. Paper documents; photographic positives and negatives; microforms, including microfilms, microfiche, microcard, and microprint; and reel to reel, cassette, or cartridge tape recordings and magnetic tapes of information storage which qualify as historic resources under RSA 227-C:1, VII, other than documentation of a field investigation, are exempt from the provisions of RSA 227-C. The responsibility to preserve, arrange, index, and allow access to these historic resources shall remain with the department of state, division of archives and records management.

Source. RSA 227-C:19. 1981, 504:5. 1985, 345:3. 2003, 97:4, eff. Aug. 5, 2003.

Commission on Historic Burying Grounds

Section 227-C:12-a

    227-C:12-a Repealed by 2015, 115:2, eff. Nov. 1, 2018. –

Historical Resources Council

Section 227-C:13

    227-C:13 Establishment of a State Historical Resources Council. – There is hereby established a state historical resources council which shall be the only state historical resources council. The membership of the council shall consist of the governor, or his designee; the director of historical resources, who shall be nonvoting members; and 9 members of the public appointed by the governor and council, at least 3 of whom shall be qualified in the field of architecture, history and archeology; and the others shall be qualified in other fields including, but not limited to, law, real estate, planning, architectural history and historic preservation. The public members shall serve a term of 5 years; however, on the initial appointment, 3 shall be appointed for 2 years, 2 appointed for 3 years, 2 appointed for 4 years, and 2 appointed for 5 years. Each shall serve until his successor is appointed and qualified. Any vacancy shall be filled for the unexpired term.

Source. 1985, 345:3.

Section 227-C:14

    227-C:14 Powers and Duties of the Council. –
The council shall have the power and duty to:
I. Approve nominations to the National Register of Historic Places.
II. Review and recommend the approval of the state survey of historic properties undertaken in accordance with the provisions of this chapter.
III. Review and approve the contents of the state historic preservation plan developed pursuant to the provisions of this chapter.
IV. Review and recommend application by the division for federal and other available funds.
V. Review and recommend the removal of properties from the national register.
VI. Otherwise act in an advisory capacity to the division of historical resources.
VII. Administer all federal funds received for historic preservation.
VIII. List nominated properties in the New Hampshire state register of historic places.

Source. 1985, 345:3. 2012, 58:2, eff. July 13, 2012.

Section 227-C:15

    227-C:15 Organization. – The council shall elect a chairman and vice-chairman and establish such rules of procedure as it deems necessary.

Source. 1985, 345:3.

Section 227-C:16

    227-C:16 Expenses. – All members of the council shall serve without compensation but may receive reimbursement for necessary travel and subsistence expenses incurred by them in the performance of the duties of the council.

Source. 1985, 345:3.

Penalty

Section 227-C:17

    227-C:17 Penalties. –
I. Any person who, with the purpose of defrauding anyone or with the knowledge that he is facilitating a fraud to be perpetrated by anyone, makes or alters any object so that it appears to have value because of antiquity, rarity, source or authorship which it does not possess, shall be guilty of a misdemeanor and shall forfeit to the state the equivalent in dollars of profits made by the sale of the fraudulent objects.
II. Notwithstanding the provisions of RSA title LXII, any person who knowingly appropriates, excavates, sells, purchases, exchanges, offers for sale, transports, receives, destroys, or in any manner alters any historic resource located on state land, under state waters, or removed from same, except in the course of activities pursued under the authority of a permit or preservation agreement, or as exempted in RSA 227-C:12, shall be guilty of a misdemeanor punishable by a fine not exceeding $1,000 or by imprisonment for a period not to exceed 6 months, or both; shall forfeit to the state all materials appropriated; and shall reimburse the state for restoration of a defaced or destroyed property.

Source. RSA 227-C:18. 1981, 504:5. 1985, 345:3.

State Heritage Collections Committee

Section 227-C:18 to 227-C:22

    227-C:18 to 227-C:22 Repealed by 2011, 231:2(6), eff. Dec. 31, 2011. –

New Hampshire Heritage Trust Fund

Section 227-C:23

    227-C:23 Repealed by 2002, 254:5, I, eff. July 1, 2002. –

New Hampshire Heritage Landmarks

Section 227-C:24

    227-C:24 Review Process Established; Purpose. – There is hereby established a review process, which shall be administered by the director of the division of historical resources, to insure the protection of designated New Hampshire heritage landmarks. The purpose of the review process is to protect the environmental integrity of designated historic landmarks from events which would diminish their heritage value for future generations as educational and inspirational assets of the state.

Source. 1993, 101:3, eff. July 1, 1993.

Section 227-C:25

    227-C:25 Designation as Heritage Landmark. – As of July 1, 1993, all presently designated National Historic Landmarks owned by the state of New Hampshire are hereby designated New Hampshire heritage landmarks and afforded the protection of this subdivision. Additional sites shall be afforded the protection of this chapter upon nomination as National Historic Landmarks.

Source. 1993, 101:3, eff. July 1, 1993.

Section 227-C:26

    227-C:26 Protection Against Development Projects. – No publicly funded project having the potential to adversely affect a designated site shall be undertaken without a determination and analysis of the effect upon the integrity of the site. The determination and the analysis shall be conducted under the supervision of the director of the division of historical resources and shall, at a minimum, include consideration of visual and aural effects upon visitors at the site, access to the site, and the traditional setting of the site. The determination and the analysis shall also include at least one opportunity for public comment on the proposal; such hearing to be held in the community or communities most affected by the proposal.

Source. 1993, 101:3, eff. July 1, 1993.

Historic Agricultural Structure Matching Grants Program

Section 227-C:27

    227-C:27 Purpose. – Historic barns and agricultural structures symbolize the distinctive New Hampshire values of heritage, hard work, productivity, and stewardship. They are witnesses to the role of agriculture in our state's image and its economy, and they serve as scenic landmarks for residents and visitors alike. They are among our most highly valued heritage resources, but many can no longer generate sufficient income to prevent their loss by decay or demolition. In order to assist the owners who are making an effort to preserve these irreplaceable assets, it is hereby declared to be public policy and in the public interest of this state to establish a matching grants program consisting of funds from private and public sector grants, gifts, and donations for preserving historic agricultural structures in New Hampshire.

Source. 1999, 285:1, eff. July 1, 1999.

Section 227-C:28

    227-C:28 Matching Grants Program Established; Barn Preservation Fund. –
I. A program of matching grants to preserve historic barns and agricultural structures in New Hampshire is hereby established.
II. There is established a nonlapsing fund in the office of the state treasurer to be known as the barn preservation fund. The division of historical resources, department of natural and cultural resources, is authorized to accept public sector and private sector grants, gifts, or donations of any kind to be awarded competitively to eligible applicants. All such moneys shall be deposited in the fund. Moneys in the fund shall be used for grant awards and necessary program expenses. Grants shall be matched with an equal or greater value of cash, labor, or materials provided by the applicant from private, local, state, or federal sources.

Source. 1999, 285:1. 2004, 80:1, eff. July 1, 2004. 2017, 156:38, eff. July 1, 2017.

Section 227-C:29

    227-C:29 Advisory Committee. –
I. For the purpose of soliciting applications, recommending grant awards, and considering any other matter necessary to the administration of this subdivision, an advisory committee to the division of historical resources shall be established, consisting of:
(a) The commissioner of natural and cultural resources, or designee.
(b) The commissioner of agriculture, markets, and food, or designee.
(c) The commissioner of natural and cultural resources, or designee.
(d) The chairperson of the state conservation committee, or designee.
(e) The director of the division of historical resources, or designee, who shall act as or designate the committee chair.
(f) The executive director of the New Hampshire Farm Service Agency, or designee.
(g) The director of the New Hampshire Farm Bureau Federation, or designee.
(h) The director of the university of New Hampshire cooperative extension, or designee.
(i) The master of the New Hampshire state grange, or designee.
(j) A member of the state historical resources council.
(k) A staff member of the division of historical resources selected by the director.
(l) Two individuals actively engaged in agriculture, selected by the committee.
(m) The executive director of the New Hampshire Preservation Alliance, or designee.
II. On or before November 1 of the second year of each biennium, the committee shall make a report regarding the program to the speaker of the house of representatives, the senate president, and the governor.

Source. 1999, 285:1. 2004, 80:2, eff. July 1, 2004. 2017, 156:14, I, 38, eff. July 1, 2017.

Section 227-C:30

    227-C:30 Eligibility. –
In order to qualify for grant assistance, agricultural buildings and structures shall be listed in the National Register of Historic Places, or shall be formally determined to be eligible for the National Register of Historic Places, or shall be listed or formally determined to be eligible for listing in the New Hampshire State Register of Historic Places, in accordance with established procedures of the division of historical resources, prior to receiving any grant funds. Priority will be given to projects that:
(a) Preserve historic building features.
(b) Preserve important examples of historic agricultural building types.
(c) Promote productive long-term use of the property.
(d) Preserve important local landmarks.
(e) Are located on designated scenic and cultural byways.
(f) Would accept a preservation agreement or a preservation restriction, as defined in RSA 477:45.

Source. 1999, 285:1. 2004, 80:3, eff. July 1, 2004.

Section 227-C:31

    227-C:31 Recapture. – If a recipient or subsequent owner takes any action within 10 years of the grant award with respect to the assisted building or structure, such as dismantlement, removal, or substantial alteration, which causes it to no longer be eligible for listing on the New Hampshire State Register of Historic Places or National Register of Historic Places, within one year from the date of loss of eligibility, the preservation grant shall be repaid in full to the barn preservation fund. The department of natural and cultural resources, division of historical resources; the historical resources council; or the National Park Service shall make determinations of non-eligibility.

Source. 1999, 285:1. 2004, 80:4, eff. July 1, 2004. 2017, 156:38, eff. July 1, 2017.

Section 227-C:32

    227-C:32 Receipt of Grant Recorded in Registry of Deeds. – Receipt of a grant award under this program and conditions of such award shall be recorded in a preservation agreement, or in the registry of deeds for the county in which the historic barn or agricultural structure is located.

Source. 1999, 285:1. 2004, 80:5, eff. July 1, 2004.

New Hampshire State Register of Historic Places

Section 227-C:33

    227-C:33 New Hampshire State Register of Historic Places. –
I. In order to recognize, honor, and promote the state's historical, cultural, and archaeological heritage, the division of historical resources, department of natural and cultural resources, shall maintain and administer the New Hampshire state register of historic places. Buildings, districts, sites, landscapes, structures, or objects that are meaningful in the history, architecture, archaeology, engineering, or traditions of the state may be listed in the state register.
II. Properties may be proposed for listing in the state register by submission of a nomination to the division of historical resources. With the consent of the property owner, the division shall forward correct and sufficient nominations of properties that meet the criteria in paragraph I to the state historical resources council for final approval and listing.
III. Listing a property in the state register does not prohibit any actions that may otherwise be taken by the property owner with respect to the listed property.

Source. 2012, 58:3, eff. July 13, 2012. 2017, 156:38, eff. July 1, 2017.