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TITLE 13CULTURAL RESOURCES
PART 2TEXAS HISTORICAL COMMISSION
CHAPTER 26PRACTICE AND PROCEDURE
SUBCHAPTER DHISTORIC BUILDINGS AND STRUCTURES
RULE §26.23Reports Relating to Historic Buildings and Structures Permits

(a) Application reports. It is important in the case of complex projects to ensure the historical accuracy and/or appropriateness of the project by gathering and assessing important information relating to the property through investigation, research, and documentation. Based on the scope of a project, one or more of the following application reports may be required to be submitted as a part of the permit application. A permit may not be issued before all required application reports have been received. All application reports must be prepared under the supervision of professionally qualified individuals as specified in §26.4 of this title (relating to Professional Qualifications and Requirements).

  (1) Historic structure report.

    (A) Purpose. This report should be utilized to evaluate the existing conditions of the building or structure, to understand the changes to a property over time, to establish preservation objectives for the property, to schedule the accomplishment of these preservation objectives, and to better support the proposed work.

    (B) When required. When a proposed rehabilitation, restoration, or reconstruction project involves fabricating significant missing architectural or landscape features, recapturing the appearance of a property at one particular period of its history, removing later additions, or significant changes to the building for rehabilitation, a historic structure report must be completed prior to application for a Historic Buildings and Structures Permit.

    (C) Minimum report requirements. Documentation must follow the guidance of the National Park Service's Preservation Brief 43: The Preparation and Use of Historic Structure Reports (available on the National Park Service website at https://www.nps.gov/tps/how-to-preserve/briefs/43-historic-structure-reports.htm) and should include the following:

      (i) historical background and context, including:

        (I) name of the original architect and date of construction;

        (II) information on important historical events or persons associated with the property;

        (III) copies of extant historic plans and photographs of the property; and

        (IV) oral history documentation, when possible;

      (ii) chronology of development and use;

      (iii) physical description;

      (iv) evaluation of significance;

      (v) condition assessment, including:

        (I) photographic documentation of the existing conditions (Photographs must be at least 4 by 6 inches and may be taken with a 35 mm or digital camera. Digital photographs should have a resolution of at least 300 pixels per inch and may be printed on an inkjet or laser printer on high-quality paper.); and

        (II) architectural drawings of the existing conditions;

      (vi) historic preservation objectives;

      (vii) requirements for work; and

      (viii) work recommendations and alternatives, including intended modifications to the building or structure.

  (2) Historical documentation.

    (A) Purpose. Historical research and documentation assist in understanding the changes to a historic property over time and can better support proposed project work.

    (B) When required. Historical documentation may be required at the request of the commission's staff, executive director, or the Antiquities Advisory Board to support work proposed under a permit.

    (C) Minimum report requirements. Historical documentation must include the following:

      (i) name of original architect and date of construction;

      (ii) history of the use of and known modifications to the structure;

      (iii) brief history including information on important historical events or persons associated with the structure;

      (iv) copies of extant historic plans and photographs of the building or structure and site, or documentation of the specific historic features, areas or materials to be affected by proposed restoration or reconstruction work; and

      (v) oral history documentation to support proposed restoration or reconstruction work, or to document historic structures and buildings proposed for relocation or demolition.

  (3) Architectural documentation.

    (A) Purpose. Documentation of cultural resources that will be lost or damaged due to rehabilitation, relocation, or demolition will ensure that a record of the cultural resource continues to exist after the loss or damage.

    (B) When required. Architectural documentation must precede any work that will damage, alter, obscure, or remove significant architectural configurations, elements, details, or materials. Documentation that meets the required standards must be submitted for rehabilitation and restoration projects that will significantly alter a building, structure, or other cultural resource, and for all relocation and demolition permits.

    (C) Minimum report requirements. Architectural documentation must meet the Secretary of the Interior's Standards and Guidelines for Architectural and Engineering Documentation (available on the National Park Service website at https://www.nps.gov/HDP/), also referred to as Historic American Buildings Survey (HABS), Historic American Engineering Record (HAER), and Historic American Landscapes Survey (HALS) standards and guidelines. The commission will assign the level of documentation required (levels I-IV) based on the project work proposed and the significance of the cultural resource.

  (4) Archeological documentation.

    (A) Purpose. Many standing structures have an archeological component, and archeological remains exist in urban areas as well as rural areas. The information available from archeological investigations in and around a building or structure is important in conjunction with architectural and historical documentation for the synthesis and study of all related material.

    (B) When required. When development or historic preservation treatment of a historic property makes disturbance of the earth unavoidable, the specific areas affected may need to be tested archeologically to determine if the undertaking will disturb or destroy archeological remains, including subsurface features of an aboveground structure. If the exploratory tests indicate the area has archeological value and if the development plans cannot be altered, the archeological data and artifacts directly affected by the project are to be recovered.

(b) Project reports. When the situation indicates it is advisable, one or more of the following project reports may be required to be compiled during the course of a project and submitted along with the completion report. All project reports must be compiled under the supervision of professionally qualified individuals as specified in §26.4 of this title.

  (1) Architectural documentation. When investigation and documentation is not possible prior to commencement of work because of physical obstruction, or when previously obscured conditions are subsequently discovered, architectural documentation may be required during the course of a project (see subsection (a)(3) of this section).

  (2) Archeological documentation. When investigation and documentation are not possible prior to commencement of work because of physical obstruction, or when previously obscured evidence is subsequently discovered, archeological documentation may be required during the course of a project. Archeological documentation may be required for relocation or demolition permits (see subsection (a)(4) of this section).

  (3) Storage report.

    (A) Purpose. Historic features or materials original to the building or structure or otherwise significant to the building or structure's evolution are important to the understanding of Texas culture and history.

    (B) When required. When historic features or materials original or otherwise significant to the building or structure's history are removed during the course of a project, selected samples must be stored at the site or at a site approved by the commission, and a storage report must be filed.

    (C) Minimum report requirements. Documentation must include the following:

      (i) photo documentation of the structural or architectural elements to be removed in their original position and in storage (Photographs must be at least 4 by 6 inches and may be taken with a 35 mm or digital camera. Digital photographs should have a resolution of at least 300 pixels per inch and may be printed on an inkjet or laser printer on high-quality paper.);

      (ii) written documentation of the existing condition of the elements prior to removal; and

      (iii) written documentation of the storage (preservation) efforts, including the method and location of storage and any conservation efforts made.

  (4) Completion report.

    (A) Purpose. When work is done to a historic building or structure, it is important to record the changes that take place so that the building or structure's historic evolution might be completely documented for future study.

    (B) When required. All Historic Buildings and Structures Permits require completion reports.

    (C) Minimum report requirements. Written documentation must include the following:

      (i) title page, including:

        (I) project name;

        (II) city, county;

        (III) permit number;

        (IV) date of report;

      (ii) text, including:

        (I) property name and location;

        (II) primary personnel (names, titles, addresses, and telephone numbers), including:

          (-a-) owner;

          (-b-) lessee;

          (-c-) architect;

          (-d-) engineer;

          (-e-) contractor;

          (-f-) consultant(s);

          (-g-) others;

        (III) scope of work (major categories with corresponding costs);

        (IV) project dates (beginning and ending);

        (V) project narrative, including:

          (-a-) description of work and description of anticipated future work (if any);

          (-b-) description of special products, materials, and/or building techniques;

          (-c-) description of intended use of the property; and

        (VI) index of photographs.

    (D) Photographic record. Photographic documentation is a significant part of the record of the project work. Representative views, before, during, and after project work, should be of the same area, to clearly illustrate the work as it progresses. Photographs must be at least 4 by 6 inches and may be taken with a 35 mm or digital camera. Digital photographs should have a resolution of at least 300 pixels per inch and may be printed on an inkjet or laser printer on high-quality paper. Photographs must include:

      (i) before construction conditions;

      (ii) during construction; and

      (iii) after construction is complete.

    (E) Report submittal. Submit the required completion report with original photographic documentation; photocopies are not acceptable. All completion reports must be printed on high-quality paper, submitted unbound, and accompanied by the report as a pdf (portable document format) file. Submit the printed report and pdf to the commission.


Source Note: The provisions of this §26.23 adopted to be effective May 20, 2013, 38 TexReg 2980; amended to be effective December 31, 2017, 42 TexReg 7383

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