|(a) Designation procedure. Cultural resources of national,
state, or local significance in private ownership may be nominated
by individuals or institutions holding title to the property on which
the resources are located. The nomination must be submitted to the
commission on a form approved by the commission. In addition to the
nomination requirements listed in §26.8(a) of this title (relating
to Designation Procedures for Publicly Owned Landmarks), the nomination
must be accompanied by proof of ownership, such as a deed record,
and payment for the medallion. The nomination form shall contain language
that expressly states the owner's consent to landmark designation
by signing the form. A site, building, or structure on privately owned
property, which is designated as a landmark by the commission, is
afforded the same protection under the Antiquities Code of Texas as
resources on public property. The nomination and designation hearing
process for the designation of privately owned property will follow
the same basic procedures set forth in §26.8 of this title.
(b) Recordation and marking of landmarks on private
property. Upon designation, the commission shall record the property
owner's consent and notice of the designation in the deed records
of the county in which the property is located, provide the property
owner with a copy of the filed instrument, and retain a copy of the
filed instrument in the commission's records. Landmarks shall be marked
with a marker or medallion, to be installed by commission staff or
designee immediately after designation.
(1) Archeological sites designated as landmarks shall
be marked with a landmark marker. The UTM coordinate of the marker
will be retained in the commission's records.
(2) Historic buildings and structures designated as
landmarks shall be marked with a medallion bearing the words "State
Antiquities Landmark". The property owner shall provide payment for
the medallion when the nomination form is submitted to the Commission.
A photograph of the installed medallion showing its context will be
retained in the commission's records.