|(a) Issuance of permit. The commission shall review
the permit application submitted pursuant to §26.20 of this
title (relating to Application for Historic Buildings and Structures
Permits) and may issue the permit, issue the permit with special
conditions, request additional information for review, request a
revised scope of work, or deny the permit application.
(1) Review by commission staff. Within 30 days of the
receipt of a permit application, staff shall notify the applicant
in writing that the permit application is complete and accepted for
filing or that the permit application is incomplete and specify the
additional information required for review, such as additional drawings,
construction details, or product information. The commission will
issue or deny the permit within 60 days of the receipt of a complete
permit application, unless additional time is required for review
by the Antiquities Advisory Board under paragraph (2) of this subsection.
Permits are issued by the commission and must be signed by the executive
director, the director of the Division of Architecture, or a designated
(2) Review by the Antiquities Advisory Board. The
executive director may choose to submit the permit application to
the Antiquities Advisory Board for its consideration. Permits that
are denied by commission staff may be appealed by the applicant to
the Antiquities Advisory Board. The board shall review such applications
at its next scheduled meeting, provided it shall have a minimum of
15 days to prepare for such review. Recommendations of the board
shall be taken to the next scheduled meeting of the commission by
the chair of the board or by one of the other commissioners who serve
on the board for action thereon.
(3) The deadlines in this section may be extended
for good cause. In the event a deadline is extended, the commission
shall provide notice of the extension and the good cause to the applicant
in writing. The applicant may complain directly to the executive
director if the staff exceeds the established period for processing
permits and may request a timely resolution of any dispute arising
from the delay.
(4) Failure to respond. If no response has been made
by the commission within 60 days of receipt of any permit application,
the permit shall be considered to be granted.
(b) Terms and conditions. When a permit is issued,
it will contain all standard and special terms and conditions governing
the project work.
(c) Permit period. No permit will be issued for less
than six months, nor more than ten years, but may be issued for any
length of time within those limits as deemed necessary by the commission
in consultation with the applicant and project architect.
(d) Transferal of permits. No permit issued by the
commission will be assigned by the permittee in whole or in part
to any other institution, museum, corporation, organization, or individual
without the consent of the commission.
(e) Permit expiration. The expiration date is specified
in each permit and is the date by which all project work must be
complete, including submission of the required completion report
and fulfillment of all terms and conditions of the permit. It is
the responsibility of the permittee, project architect, and professional
firm to meet any and all permit terms and conditions prior to the
expiration date listed on the permit.
(1) Expiration notification. The permittee and project
architect will be notified 60 days in advance of permit expiration.
(2) Expiration extension. The permittee or project
architect must provide a written request to the commission if an
extension of the final due date for completion of the permit is desired.
The request must detail the reason(s) an extension is necessary and
state when completion of the permit requirements is expected. The
Division of Architecture (DoA) of the commission will review the
extension request to determine whether an extension is warranted.
Permit extensions will be issued by letter and may extend the permit
completion due date once for no less six months and no more than
ten years as deemed appropriate. Permit extensions requested for
preparation of the completion report, following substantial completion
of the permitted work, will be issued for no greater than nine months,
unless authorized by the Antiquities Advisory Board. If an additional
extension is subsequently requested, the DoA may issue the extension
or request that the Antiquities Advisory Board review the request
and make a recommendation to the commission regarding further extension.
The commission may, by a majority vote of its members, approve or
disapprove an additional extension of the final due date of an Antiquities
Permit, provided that the following conditions are met:
(A) the permittee, project architect, and/or the professional
firm listed on the permit must provide written documentation to the
Antiquities Advisory Board and give an oral presentation justifying
why an additional permit due-date extension is warranted; and
(B) justification for the additional extension must
show that the extension is needed due to circumstances beyond the
control of the permittee, project architect, or professional firm.
Examples include, but are not limited to: funding problems or death
of the project architect.
(f) Expiration responsibilities. Professional firms
must ensure that a project architect is assigned to a permit at all
times, until all obligations under the permit have been fulfilled,
regardless of whether the permit is active or has expired. Expired
permits are considered to be in default and will be reported to the
Antiquities Advisory Board. Commission staff or the board may request
that the permittee, project architect, and/or professional firm appear
and give an oral presentation regarding the need for an extension
pursuant to subsection (e)(2) of this section, or the board may pursue
other remedies as allowed under §26.24 of this title (relating
to Compliance with Rules for Historic Buildings and Structures Permits).
(g) Permit amendments. Proposed changes in the terms
and conditions of the permit must be approved by the commission's
executive director, the director of the DoA, or their designated
representative. This includes changes in the permitted project plans
and specifications that could affect the integrity of the structure,
building, or site.
(h) Permit hold or cancellation. The commission may
place on hold or cancel a Historic Buildings and Structures Permit
pursuant to §26.24 of this title under the following circumstances:
(1) the death of the project architect;
(2) failure of the permit applicant to fully fund the
permitted project work;
(3) project work undertaken does not comply with the
terms, conditions and approved project documents under the permit;
(4) violation of §26.24 of this title.
(i) Institutions of higher education. If an institution
of higher education notifies the commission that it protests the
terms of a permit granted to an institution of higher education under
this section, the matter becomes a contested case under the provisions
of the Administrative Procedure Act, Texas Government Code §2001.051,
et seq. The institution of higher education must notify the commission
of its protest within 30 days of its receipt of notice of the terms
of the permit to initiate a contested case. The hearing officer and
the commission will follow the procedures and take into account the
criteria listed in Texas Natural Resources Code, §191.021(c).
Weighing these criteria against the criteria specified in §26.20(b)
of this title (relating to Standards for the Treatment of Historic
Properties), the commission shall include a requirement in a permit
only if the record before the committee establishes by clear and
convincing evidence that such inclusion would be in the public interest.