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. Nominations must be made on a committee approved form. By submitting an approved form, the owner agrees that if the property in question is designated as a State Archeological Landmark, he or she will file a notice of the designation with the deeds clerk of the county where the property is located, and pay any filing fees required. After filing of the designation form, the committee may provide the owner of the landmark with one cast aluminum marker. The owner will be responsible for prompt and permanent placement of the marker or markers on the site in such a way as not to damage the resource. A site or structure on privately owned property which is designated as a State Archeological Landmark is afforded the same protection under the Code as resources on public property. The nomination and designation hearing process for the designation of privately owned sites or buildings will follow procedures set forth in §26.12 of this title (relating to Designation Procedure).

Source Note:The provisions of this §26.13 adopted to be effective June 24, 1988, 13 TexReg 2913; transferred effective August 30, 1995, as published in the Texas Register October 17, 1995, 20 TexReg 8442; amended to be effective December 5, 1995, 20 TexReg 9687; amended to be effective April 22, 1997, 22 TexReg 3577.