1. (a) Permit application procedure.

   1. (1) Applicant qualification. Only the controlling agency, organization, or political subdivision having administrative control over a publicly owned landmark or the owner of a privately owned landmark (applicant) may be issued an architectural permit.
   2. (2) Notification. The commission must be notified of any anticipated, planned or proposed work to a State Archeological Landmark, including publicly owned buildings or structures that are eligible to be designated as landmarks. Such notice should be made early enough to allow adequate time to prepare the formal application as described in paragraph (6) of this subsection. The notification must include a brief written description of the project and at least one photograph of the structure or affected portion of that structure. The commission staff will provide the applicant with the appropriate permit application form and notify him or her of the necessary attachments or application reports within 30 days of receipt of notification.
   3. (3) Normal maintenance or repair. Work that does not have the potential to cause removal, damage or alteration to the integrity, form or appearance of the materials, features or landform of the historic structure and its site, is considered to be normal maintenance and repair, and therefore exempt from the required notification process. For example, permanent masonry damage can result from use of inappropriate cleaning methods, such as sandblasting, high pressure water cleaning or the use of unsuitable chemicals, or from use of damaging repointing techniques and materials. Replacing historic windows damages the historical integrity of a building and painting previously unpainted surfaces constitutes alteration. Such work is not considered normal maintenance or repair. Cleaning surfaces with non-corrosive mild solutions and low-pressure water, repainting window frames or doorways with similar paints, or minor repairs such as replacing putty on windows are examples of normal maintenance and repair.
   4. (4) Interior spaces. Nonpublic interior spaces are exempt from the authority of the Antiquities Code. The interior spaces to be considered public and therefore not exempt are those spaces, which are or were accessible to the public (lobbies, corridors, rotundas, meeting halls, courtrooms, offices of public officials, public employees and services, etc.), or those that are important to the public because of any significant historical, architectural, cultural, or ceremonial value.
   5. (5) Advance review. For more complex projects, it is advisable that the commission staff be consulted early in the planning or design process in order to avoid delays in issuing the final permit.
   6. (6) Formal application. The project professional personnel must be a project architect who has the required experience on historic structures in the type of project work proposed, has submitted a resume and completed application form along with any required attachments or application reports at least 60 days prior to commencement of work or issuance of bid documents, whichever comes first. All applications must be submitted with original signatures on forms approved by and available from the commission (print copies available from the commission by mail or online at www.thc.state.tx.us).
   7. (7) Emergency application. If emergency preservation or hazard abatement work must be performed quickly in a crisis situation or due to extenuating circumstances, the minimum 60 day submission requirement may be waived with approval from the commission staff if all required project documents and a valid permit application have been received.
   8. (8) Attachments. All permit applications must be accompanied by plans, specifications, and other documents prepared for the project that adequately describe the full scope of work. In addition, 4 by 6 inch color photographs of the overall structure and all areas of proposed work are required.

   9. (9) Application reports. See Section 26.25(a) of this title (relating to Reports Relating to Historic Structures Permits) for a discussion of each type of report. In the case of more complex projects, one or more of the following reports may be required to be submitted with the permit application:

      1. (A) historic structure report;
      2. (B) historical documentation;
      3. (C) architectural documentation; and/or
      4. (D) archeological documentation.

   10. (10) Project reports. Depending upon the scope of work, one or more of the following reports may be required as a condition of a permit to be prepared during the course of a project and to be submitted upon completion of that project prior to expiration of the permit. All historic structures permits, except for new structures permits, require a completion report. Any other required reports will be specified when the permit is issued. See Section 26.25(b) of this title (relating to Reports Relating to Historic Structures Permits) for a discussion of each type of report:

       1. (A) architectural documentation;
       2. (B) archeological and historical documentation;
       3. (C) storage report; and/or
       4. (D) completion report.
   11. (11) Issuance of permit. Contract documents must not be issued for bidding purposes before a permit has been issued by the commission. If no response has been made by the commission within 60 days of receipt of any permit application, the permit shall be considered to be granted.

2. (b) Permit categories for historic structures. All work done on historic structures and their sites will be reviewed, and issued permits when appropriate, in accordance with one or more of the following treatments. These treatments are based on the Secretary of the Interior's Standards for the Treatment of Historic Properties, which are available in printed form by mail or online from the commission at www.thc.state.tx.us.

   1. (1) Preservation is defined as the act or process of applying measures necessary to sustain the existing form, integrity, and materials of a cultural resource, including preliminary measures to protect and stabilize the building, structure or site.
   2. (2) Rehabilitation is defined as the act or process of making possible a compatible use for a property through repair or alteration while preserving those portions or features of the property which are significant to its historical, architectural, and cultural values.
   3. (3) Restoration is defined as the act or process of accurately depicting the form, features, and character of a property and its setting as it appeared at a particular period of time by means of the removal of features from later periods in its history and reconstruction of missing features from the restoration period.
   4. (4) Reconstruction is defined as the act or process of depicting, by means of new construction, the exact form, features, and detailing of a non-surviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location. Reconstruction of a non-surviving cultural resource, or any part thereof within the described limits of a designated State Archeological Landmark, will be reviewed and permitted in light of its impact on the historical, architectural, or and cultural integrity of that site.
   5. (5) Architectural Investigation/Hazard Abatement. If the applicant can demonstrate that careful investigation of a structure through controlled dismantling, or sampling and testing of historic material or later modifications will contribute to the understanding of that structure's history, or of the history and culture of Texas in general, a permit for architectural investigation may be issued. If hazardous materials exist in a historic structure, and must be abated or removed in a project unrelated to other preservation, restoration or rehabilitation work, then a permit for hazard abatement may be issued. These types of permits do not indicate approval for rehabilitation, demolition or any other type of work, but may require replacement of removed materials or storage of selected samples.
   6. (6) Relocation. Under most circumstances, a permit to relocate a structure from its original site will not be issued unless the commission has been satisfied that there is a real and unavoidable threat to the structure's existence, and that the applicant has made a thorough effort to find the means to preserve the structure on its original site. If relocation is unavoidable, the structure should be relocated to a site that resembles its original setting as closely as possible. A relocation permit will require thorough documentation of the relationship between the structure and its existing site, and documentation of the proposed new site and placement of the structure to demonstrate that the new site and setting are comparable to the original. An archeological investigation of both the old and new site locations may also be required.
   7. (7) Demolition. Under most circumstances, a permit to demolish a structure will not be issued unless the commission is satisfied that there is a necessity due to deterioration of the structure that constitutes a threat to the health, safety, or welfare of citizens, or a real and unavoidable threat to the structure's existence. The applicant must show that he or she has made a thorough effort to find the means to preserve the structure on its original site or, failing that, to relocate the structure to another site with a comparable setting. The applicant must show evidence that he or she has, in good faith, conducted a feasibility study and obtained estimates from appropriate professionals, invited and considered alternative suggestions and proposals, and otherwise explored all reasonable possibilities. A demolition permit will require thorough documentation of the structure and its relationship to its existing site, as well as archeological investigation, as defined and required by the commission.
   8. (8) New construction. Any new construction to be built within the described limits of a State Archeological Landmark must be reviewed and permitted in light of its impact on the historical, architectural, and cultural integrity of that cultural resource and its site. The applicant must submit plans, elevations, and sections that adequately describe the full scope of the project and its relationship to the existing structure and site.
3. (c) Standards for the treatment of historic properties. The Secretary of the Interior's Standards for the Treatment of Historic Properties (1995, and subsequent revisions) are hereby adopted by reference by the commission and shall be considered to be a part of these rules for practice and procedure. Copies of these standards are available in printed form from the commission and online at www.thc.state.tx.us. Failure to comply with these standards, failure to complete any required reports, or failure to complete a project according to the approved plans, specifications, addenda, or other terms of a permit shall be considered grounds for refusing the services of any architect, contractor, or craftsman for future permits.

Source Note:The provisions of this §26.22 adopted to be effective August 28, 2002, 27 TexReg 7789.