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TITLE 13CULTURAL RESOURCES
PART 2TEXAS HISTORICAL COMMISSION
CHAPTER 21HISTORY PROGRAMS
SUBCHAPTER BOFFICIAL TEXAS HISTORICAL MARKER PROGRAM
RULE §21.11Review of Work on Recorded Texas Historic Landmarks

        (VI) Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and where possible, materials. Replacement of missing features shall be substantiated by documentary and physical evidence.

        (VII) Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used.

        (VIII) Archeological resources shall be protected and preserved in place to the extent possible. If such resources must be disturbed, mitigation measures shall be undertaken.

        (IX) New additions, exterior alterations, or related new construction shall not destroy historic materials, features, and spatial relationships that characterize the property. The new work shall be differentiated from the old and shall be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.

        (X) New additions and adjacent or related new construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

      (ii) Standards for restoration.

        (I) A property shall be used as it was historically or be given a new use which reflects the property's restoration period.

        (II) Materials and features from the restoration period shall be retained and preserved. The removal of materials or alteration of features, spaces, and spatial relationships that characterize the period shall not be undertaken.

        (III) Each property shall be recognized as a physical record of its time, place and use. Work needed to stabilize, consolidate and conserve materials and features from the restoration period shall be physically and visually compatible, identifiable upon close inspection, and properly documented for future research.

        (IV) Materials, features, spaces, and finishes that characterize other historical periods shall be documented prior to their alteration or removal.

        (V) Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize the restoration period shall be preserved.

        (VI) Deteriorated features from the restoration period shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and, where possible, materials.

        (VII) Replacement of missing features from the restoration period shall be substantiated by documentary and physical evidence. A false sense of history shall not be created by adding conjectural features, features from other properties, or by combining features that never existed together historically.

        (VIII) Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used.

        (IX) Archeological resources affected by a project shall be protected and preserved in place to the extent possible. If such resources must be disturbed, mitigation measures shall be undertaken.

        (X) Designs that were never executed historically shall not be constructed.

      (iii) Standards for reconstruction.

        (I) Reconstruction shall be used to depict vanished or non-surviving portions of a property when documentary and physical evidence is available to permit accurate reconstruction with minimal conjecture, and such reconstruction is essential to the public understanding of the property.

        (II) Reconstruction of a landscape, building, structure, or object in its historic location shall be preceded by a thorough archeological investigation to identify and evaluate those features and artifacts which are essential to an accurate reconstruction. If such resources must be disturbed, mitigation measures shall be undertaken.

        (III) Reconstruction shall include measures to preserve any remaining historic materials, features, and spatial relationships.

        (IV) Reconstruction shall be based on the accurate duplication of historic features and elements substantiated by documentary or physical evidence rather than on conjectural designs or the availability of different features from other historic properties. A reconstructed property shall re-create the appearance of the non-surviving historic property in materials, design, color, and texture.

        (V) A reconstruction shall be clearly identified as a contemporary re-creation.

        (VI) Designs that were never executed historically shall not be constructed.

  (3) If the proposed work meets the Secretary of the Interior's Standards for the Treatment of Historic Properties, the commission may waive the remainder of the 60-day waiting period. If the proposed work does not meet these standards or otherwise would damage the integrity of the landmark, the commission may require an additional waiting period of no longer than 30 days, for a total of up to 90 days. The waiting period is intended to enhance the chance for preservation, and the commission may negotiate with the property owner during this period. On the expiration of the time limits imposed in the commission's response, the work may proceed, but must proceed not later than the 180th day after the date on which notice was given or the notice is considered to have expired.


Source Note: The provisions of this §21.11 adopted to be effective September 11, 2013, 38 TexReg 5873

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