Sec. 14.29.02.06. Changes to Certified Heritage Area Designations

A. The Authority may take action specified in §C of this regulation if the Authority finds that a local jurisdiction with land area located within a certified heritage area has:

(1) Either acted or failed to act in a manner that has had a substantial adverse impact upon a significant natural, recreational, cultural, or historic resource located within the heritage area; or

(2) Failed to effectively implement its role under the management plan.

B. Before taking action under §C of this regulation, the Authority shall:

(1) Provide written notice to the local jurisdiction that:

(a) Includes the Authority’s findings under §A of this regulation;

(b) Informs the local jurisdiction of the actions the Authority might take under §C of this regulation;

(c) Includes corrective instructions, recommendations, or suggestions as appropriate; and

(d) Is sent by copy to the heritage area management entity and each other local jurisdiction with land area located within the certified heritage area;

(2) Provide the local jurisdiction 60 days to respond in writing to the Authority’s notice; and

(3) Either uphold, modify, or rescind the findings.

C. Upon a finding against a local jurisdiction under §A of this regulation that the Authority either upholds or modifies under §B of this regulation, the Authority may:

(1) Remove from the certified heritage area the land area of the local jurisdiction that is the subject of the finding; or

(2) After holding a public hearing in the certified heritage area, withdraw the Authority’s approval of the management plan for the certified heritage area.

D. If, under §C(1) of this regulation, the Authority removes a local jurisdiction from a certified heritage area, the Authority shall:

(1) Provide written notice of the removal to the heritage area management entity and each local jurisdiction with land area located within the heritage area; and

(2) Direct the remaining local jurisdictions in the certified heritage area to amend the management plan in accordance with Regulation .05D of this chapter to reflect the revised boundaries of the certified heritage area resulting from the removal.

E. If, under §C(2) of this regulation, the Authority withdraws approval of a management plan for a certified heritage area:

(1) The heritage area will no longer be designated as a certified heritage area;

(2) The heritage area will return to being designated as a recognized heritage area; and

(3) The Authority shall:

(a) Report the withdrawal of its approval of the management plan to the Governor and the General Assembly and include in the report a statement of the reasons for withdrawal; and

(b) Provide written notice of the withdrawal of approval to the heritage area management entity and each local jurisdiction with land area located within the heritage area.