(a) Requests for certifications of historic significance should be made by the owner to determine:
(1) That a property:
- (A) Located within a National Register Historic District is of historic significance to such district;
- (B) Not yet listed on the National Register of Historic Places appears to meet National Register of Historic Places criteria; or
- (C) Located within a potential historic district appears to contribute to the historic significance of such district; and
- (2) If a property has received a rehabilitation tax credit within the past twenty-four (24) months.
- (b) To determine whether a property is individually listed or is part of a district in the National Register of Historic Places, the owner may consult the Arkansas Historic Preservation Program for current information.
(c)
- (1) If a property is located within the boundaries of a National Register Historic District and the owner wishes the program to certify whether the property contributes or does not contribute to the historic significance of the district, or if the owner is requesting a preliminary determination of eligibility, the owner must complete Part 1 of the Historic Preservation Certification Application according to instructions accompanying the application.
(2) Such documentation includes but is not limited to:
- (A) Name and mailing address of the owner;
- (B) Name and address of the property;
- (C) Name of the historic district;
- (D) Current photographs of the property, photographs of the building and its site and landscape features prior to alteration if rehabilitation has been completed, a photograph or photographs showing the property along with adjacent properties and structures on the street, and photographs of interior features and spaces adequate to document historic significance;
- (E) Brief description of appearance, including:
(i) Alterations;
(ii) Distinctive features and spaces; and
- (iii) Date or dates of construction;
(F) Brief statement of historic significance:
- (i) Summarizing how the property does or does not reflect the values that give the district its distinctive historical and visual character; and
- (ii) Explaining any significance attached to the property itself (i.e., unusual building techniques, important event that took place there, etc.);
- (G) Sketch map clearly delineating the property's location within the district; and
(H) Signature of the owner requesting or concurring in a request for evaluation.
- (d) If a structure is individually listed in the National Register of Historic Places, it is generally considered an eligible property or certified historic structure and no further certification is required, with the following exceptions:
- (1) If the property is individually listed in the National Register of Historic Places and the owner believes it has lost the characteristics that caused it to be nominated and therefore wishes it delisted, the owner should refer to the delisting procedures outlined in the Code of Federal Regulations at 36 C.F.R. pt. 60; and
(2)
- (A) Some properties individually listed in the National Register of Historic Places include more than one (1) structure.
- (B) In such cases, the owner must submit a single Part 1 application and include descriptions of all the buildings within the listing.
- (C) Program staff will determine which of the structures included within the listing are of historic significance to the property.
(e)
- (1) Properties containing more than one (1) structure where the structures are judged by the program to have been functionally related historically to serve an overall purpose (such as a mill complex or a residence and carriage house) will be treated as a single eligible property, whether the property is individually listed in the National Register of Historic Places or is located within a historic district, when rehabilitated as part of an overall project.
- (2) Structures that are functionally related historically are those that have functioned together to serve an overall purpose during the property's period of significance.
(3) In the case of a property within a registered historic district that contains more than one (1) structure where the structures are judged to be functionally related historically, an evaluation will be made to determine:
- (A) Whether the component buildings contribute to the historic significance of the property; and
- (B) Whether the property contributes to the significance of the historic district.
(f)
- (1) Applications for preliminary determinations for individual listing must show how the property individually meets the National Register of Historic Places criteria for evaluation.
(2) An application for a property located in a potential historic district must document how the:
- (A) District meets the criteria; and
- (B) Property contributes to the historic significance of that district.
(3) An application for a preliminary determination for a property in a historic district that is outside the period of significance in the district documentation on file with the program must:
- (A) Document and justify the expanded historic significance of the district and how the property contributes to the significance of the district; or
- (B) Document the individual historic significance of the property.
(4) Applications must contain substantially the same level of documentation as National Register of Historic Places nominations, as specified in:
- (A) The Code of Federal Regulations at 36 C.F.R. pt. 60; and
- (B) National Register Bulletin 16, Guidelines for Completing National Register of Historic Places Forms (available from the program).
(5)
- (A) Owners should understand that intent to nominate to the National Register of Historic Places or amend an existing National Register of Historic Places listing does not constitute listing in the National Register of Historic Places, nor does it constitute a certification of eligibility as required by law for tax incentives.
- (B) Owners should further understand that they are proceeding at their own risk.
- (C) If the property or district is not listed in the National Register of Historic Places for procedural, substantive, or other reasons, if the district documentation is not formally amended, or if the historic significance of the property has been lost as a result of alterations or damage, these preliminary determinations of significance will not become final.
- (6) The State Historic Preservation Officer must nominate the property or the district before the preliminary certification of eligibility can become final.
(g)
- (1) The program discourages the moving of historic buildings from their original sites.
(2) However, if a building is to be moved as part of a rehabilitation project for which certification is sought, the owner must follow different procedures depending on whether the building is:
- (A) Individually listed in the National Register of Historic Places; or
- (B) Within a historic district.
(3) When a building is moved, every effort should be made to reestablish its:
- (A) Historic orientation;
- (B) Immediate setting; and
- (C) General environment.
(4) Moving a building may result in:
- (A) Removal of the property from the National Register of Historic Places; or
- (B) For buildings within a historic district, denial or revocation of a certification of eligibility.
- (5) Consequently, a moved building may, in certain circumstances, be ineligible for tax credits.
(h)
(1) Documentation must be submitted that demonstrates:
- (A) The effect of the move on the building's integrity and appearance (any proposed demolition, proposed changes in foundations, etc.);
- (B) Photographs of the site and general environment of the proposed site;
- (C) Evidence the proposed site does not possess historical significance that would be adversely affected by the moved building;
- (D) The effect of the move on the distinctive historical and visual character of the district, where applicable; and
- (E) The method to be used for moving the building.
(2) For buildings individually listed in the National Register of Historic Places, the procedures contained in the Code of Federal Regulations at 36 C.F.R. pt. 60 must be followed prior to the move or the building will:
- (A) Be removed from the National Register of Historic Places;
- (B) Not be considered an eligible property; and
- (C) Have to be renominated to the National Register of Historic Places.
(3)
- (A) The owner may submit a Part 1 application in order to receive a preliminary determination from the program of whether a move will cause the property to be removed from the National Register of Historic Places.
- (B) However, preliminary approval of such a Part 1 application does not satisfy the requirements for property eligibility.
(C) The applicant must follow the remaining National Register of Historic Places procedures to ensure that the moved building will:
- (i) Remain listed in the National Register of Historic Places; and
- (ii) Retain its status as an eligible property.
(4)
- (A) If an owner moves (or proposes to move) a building into a National Register Historic District or moves (or proposes to move) a building elsewhere within a historic district, a Part 1 application containing the required information must be submitted.
(B) The building to be moved will be evaluated to determine if it contributes to the historic significance of the district both before and after the move.
- (i) Properties within historic districts will be evaluated to determine if they contribute to the historic significance of the district by application of the United States Secretary of the Interior’s Standards for Evaluating Significance within Registered Historic Districts as listed in the Code of Federal Regulations at 36 C.F.R. § 67.5.
- (j) Once the historic significance of a property located within a registered historic district or a potential historic district has been determined by the program, written notification will be sent to the owner in the form of a certification of eligibility.
(k)
- (1) Owners shall report to the program any substantial damage, alteration, or changes to a property that occurs after issuance of a certification of eligibility and prior to a final certification of completion.
(2)
- (A) The program may withdraw a certification of eligibility, upon thirty (30) days' notice to the owner, if a property has been damaged, altered, or changed effective as of the date of the occurrence.
- (B) The property may also be removed from the National Register of Historic Places.