| (a) Application Part A - Evaluation of Significance.
Part A of the application requires information to allow the Commission
to evaluate whether a building is a certified historic structure and
shall be completed for all buildings to be included in the project.
Part A of the application is evaluated against criteria for significance
and integrity issued by the National Park Service.
(b) Application Requirements. Information to be submitted
in Part A of the application includes:
(1) Name, mailing address, telephone number, and email
address of the property owner(s) and Applicant if different from the
Owner;
(2) Name and address of the property;
(3) Name of the historic district, if applicable;
(4) Current photographs of the building and its site,
showing exterior and interior features and spaces adequate to document
the property's significance. Photographs must be formatted as directed
by the Commission in published program guidance materials on the Commission's
online Texas Historic Preservation Tax Credit Application Guide available
by accessing thc.texas.gov;
(5) Date of construction of the property;
(6) Brief description of the appearance of the property,
including alterations, characteristic features, and estimated date
or dates of construction and alterations;
(7) Brief statement of significance summarizing why
a property is:
(A) eligible for individual listing in the National
Register of Historic Places;
(B) contributes to a historic district listed in the
National Register of Historic Places or a certified local district;
or
(C) contributes to a potential historic district, accompanied
by:
(i) a map showing the boundary of the potential historic
district and the location of the property within the district;
(ii) photographs of other properties in the district;
and
(iii) justification for the district's eligibility
for listing in the National Register of Historic Places;
(8) A map showing the location of the historic property;
(9) Signature of the Owner, and Applicant if different
from the Owner, requesting the determination; and
(10) Other information required on the application
by the Commission.
(c) Consultation with Commission. Any person may informally
consult with the Commission to determine whether a property is:
(1) listed individually in the National Register of
Historic Places;
(2) designated as a Recorded Texas Historic Landmark
or State Antiquities Landmark; or
(3) certified by the Commission as contributing to
the historic significance of a historic district listed in the National
Register of Historic Places or a certified local district.
(d) Automatic qualification as certified historic structure.
If a property is individually listed in the National Register of Historic
Places or designated as a Recorded Texas Historic Landmark or State
Antiquities Landmark, then it is a certified historic structure and
should be indicated as such on Part A of the application.
(e) Preliminary determination of significance. An Applicant
for a property not listed in the National Register of Historic Places,
neither individually nor as a contributing element to a historic district;
not designated a Recorded Texas Historic Landmark nor State Antiquities
Landmark; and not listed in a certified local district may obtain
a preliminary determination from the Commission as to whether the
property is individually eligible to become a certified historic structure
or is eligible as a contributing structure in a potential historic
district by submitting Part A of the application. Determination will
be based on criteria for listing in the National Register of Historic
Places. Applications for a preliminary determination of significance
must show how the property meets one of the following criteria for
listing in the National Register of Historic Places and any applicable
criteria considerations from the National Park Service.
(1) National Register of Historic Places criteria.
The quality of significance in American history, architecture, archeology,
engineering, and culture is present in districts, sites, buildings,
structures, and objects that possess integrity of location, design,
setting, materials, workmanship, feeling, and association and one
or more of subparagraphs (A) - (D) of this paragraph:
(A) Properties that are associated with events that
have made a significant contribution to the broad patterns of our
history; or
(B) that are associated with the lives of persons significant
in our past; or
(C) that embody distinctive characteristics of a type,
period, or method of construction, or that represent the work of a
master, or that possess high artistic values, or that represent a
significant and distinguishable entity whose components may lack individual
distinction; or
(D) that have yielded, or may be likely to yield, information
important in prehistory or history.
(2) Criteria considerations. Ordinarily cemeteries,
birthplaces, or graves of historical figures, properties owned by
religious institutions or used for religious purposes, structures
that have been moved from their original locations, reconstructed
historic buildings, properties primarily commemorative in nature,
and properties that have achieved significance within the past 50
years shall not be considered eligible for the National Register.
However, such properties will qualify if they are integral parts of
districts that do meet the criteria or if they fall within the following
categories:
(A) A religious property deriving primary significance
from architectural or artistic distinction or historical importance;
or
(B) A building or structure removed from its original
location but which is significant primarily for architectural value,
or which is the surviving structure most importantly associated with
a historic person or event; or
(C) A birthplace or grave of a historical figure of
outstanding importance if there is no appropriate site or building
directly associated with his or her productive life; or
(D) A cemetery which derives its primary significance
from graves of persons of transcendent importance, from age, from
distinctive design features, or from association with historic events;
or
(E) A reconstructed building when accurately executed
in a suitable environment and presented in a dignified manner as part
of a restoration master plan, and when no other building or structure
with the same association has survived; or
(F) A property primarily commemorative in intent if
design, age, tradition, or symbolic value has invested it with its
own exceptional significance; or
(G) A property achieving significance within the past
50 years if it is of exceptional importance.
(3) Issuance of a preliminary determination of significance
does not bind the Commission to the designation of an individual historic
structure or district. Applicants proceed with rehabilitation projects
at their own risk. If a structure is ultimately not listed in the
National Register of Historic Places, designated as a Recorded Texas
Historic Landmark, or certified as a contributing element to a local
district pursuant to 36 CFR §67.9, the preliminary determination
does not become final, and the owner will not be eligible for the
credit. The Commission shall not issue a certificate of eligibility
until or unless the designation is final.
(f) Determination of contributing structures in existing
historic districts. If a property is located in a district listed
in the National Register of Historic Places or in a certified local
district, an Applicant or an Owner of the property shall request that
the Commission determine whether the property is of historic significance
contributing to the district by submitting Part A of the application.
The Commission evaluates properties located within historic districts
listed in the National Register of Historic Places or certified local
districts to determine whether they contribute to the historic significance
of the district by applying the following standards:
(1) A property contributing to the historic significance
of a district is one which by location, design, setting, materials,
workmanship, feeling, and association adds to the district's sense
of time and place and historical development.
(2) A property does not contribute to the historic
significance of a district if it does not add to the district's sense
of time and place and historical development, or if its location,
design, setting, materials, workmanship, feeling, and association
have been so altered or have so deteriorated that the overall integrity
of the building has been irretrievably lost.
Cont'd... |
