All work done on historic buildings or structures and their
sites will be reviewed, and issued permits when appropriate, in accordance
with one or more of the following permit categories. Section 191.054
of the Texas Natural Resources Code authorizes the commission to issue
permits for survey and discovery, excavation, restoration, demolition,
or study. The following permit categories clarify specific scopes
of work within these areas. Restoration is herein understood to include
preservation, rehabilitation, restoration, and reconstruction as defined
in the Secretary of the Interior's Standards for the Treatment of
Historic Properties (Standards), per §26.20(b) of this title
(relating to Application for Historic Buildings and Structures Permits).
(1) Preservation permit. Preservation is the act or
process of applying measures necessary to sustain the existing form,
integrity, and materials of a cultural resource, including preliminary
measures to protect and stabilize the building, structure, or site.
Preservation consists of maintenance and repair of materials, features,
or landforms of cultural resources, rather than extensive replacement
and new construction. Preservation also includes the conservation
of buildings, sites, structures, and objects.
(2) Rehabilitation permit. Rehabilitation is the act
or process of making possible a compatible use for a property through
repair, alterations, or additions, while preserving those portions
or features of the property which convey its historical, architectural,
or cultural values.
(3) Restoration permit. Restoration is the act or process
of accurately depicting the form, features, and character of a property
and its setting as it appeared at a particular period of time by means
of the removal of features from later periods in its history and reconstruction
of missing features from the restoration period.
(4) Reconstruction permit. Reconstruction is the act
or process of depicting, by means of new construction, the exact form,
features, and detailing of a non-surviving site, landscape, building,
structure, or object for the purpose of replicating its appearance
at a specific period of time and in its historic location. Reconstruction
of a non-surviving cultural resource, or any part thereof within the
described limits of a designated landmark, will be reviewed and permitted
in light of its impact on the historical, architectural, or cultural
integrity of that site. Reconstruction permits may be required for
any reconstruction within the boundaries of a landmark that is significant
as an archeological site, in addition to other applicable permits
described in §26.15 of this title (relating to Archeological
Permit Categories).
(5) Architectural investigation permit. If the applicant
can demonstrate that careful investigation of a building or structure
through controlled dismantling or sampling and testing of historic
material or later modifications will contribute to the understanding
of that building or structure's history, or of the history and culture
of Texas in general, a permit for architectural investigation may
be issued. This type of permit does not indicate approval for rehabilitation,
demolition, or any other type of work, but may require replacement
of removed materials or storage of selected samples.
(6) Hazard abatement permit. If hazardous materials
exist in a historic building or structure and must be abated or removed
in a project unrelated to other preservation, restoration or rehabilitation
work, then a permit for hazard abatement may be issued. This type
of permit does not indicate approval for rehabilitation, demolition,
or any other type of work, but may require replacement of removed
materials.
(7) Relocation permit. Under most circumstances, a
permit to relocate a building or structure from its original site
will not be issued unless the commission has been satisfied that there
is a real and unavoidable threat to the building or structure's existence,
and that the applicant has made a thorough effort to find the means
to preserve the building or structure on its original site. If relocation
is unavoidable, the building or structure should be relocated to a
site that resembles its original setting as closely as possible. A
relocation permit will require thorough documentation of the relationship
between the building or structure and its existing site and documentation
of the proposed new site and placement of the building or structure
to demonstrate that the new site and setting are comparable to the
original. An archeological investigation of both the old and new site
locations may also be required.
(8) Demolition permit. Under most circumstances, a
permit to demolish a building or structure will not be issued unless
the commission is satisfied that there is a necessity due to deterioration
of the building or structure that constitutes a threat to the health,
safety, or welfare of citizens or a real and unavoidable threat to
the building or structure's existence. The applicant must show that
he or she has made a thorough effort to find the means to preserve
the building or structure on its original site or, failing that, to
relocate the building or structure to another site with a comparable
setting. The applicant must show evidence that he or she has, in good
faith, conducted a feasibility study and obtained estimates from appropriate
professionals, invited and considered alternative suggestions and
proposals, and otherwise explored all reasonable possibilities other
than demolition. A demolition permit will require thorough documentation
of the building or structure and its relationship to its existing
site, as well as archeological investigation, as defined and required
by the commission.
(9) New construction permit. Any new construction to
be built within the described limits of a landmark must be reviewed
and permitted in light of its impact on the historical, architectural,
and cultural integrity of that cultural resource and its site. The
applicant must submit plans, elevations, and sections that adequately
describe the full scope of the project and its relationship to the
existing building or structure and its site. New construction permits
may be required for construction within the boundaries of a landmark
that is significant as an archeological site, in addition to other
applicable permits described in §26.15 of this title (relating
to Archeological Permit Categories).
(10) Monuments are considered structures. As such permits
for work on monument, or for their removal or relocation shall fall
under one or more of the permit categories listed above.
(11) Markers are not considered structures and any
proposed work on or related to markers must comply with Chapter 21
herein.
|