1. (a) Permit Application Procedure.

   1. (1) Eligibility. Only the controlling agency, organization, or political subdivision having administrative control over a publicly owned landmark or the owner of a privately owned landmark (hereinafter called the applicant) may be issued an architectural permit.
   2. (2) Notification. The Texas Historical Commission, P.O. Box 12276, Capitol Station, Austin, Texas 78711-2276 must be notified of any work to a State Archeological Landmark. 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 committee staff will provide the applicant with the appropriate permit application form and notify him/her of the necessary attachments or application reports within 30 days of receipt of notification.
   3. (3) Normal maintenance or repair. Any work performed on architectural materials or landforms which does not cause removal, alteration, or damage to that material or landform is considered to be normal maintenance and repair and shall be exempt from the notification requirement. For example, sandblasting or other harmful methods of cleaning masonry constitutes damage, while painting of previously unpainted surfaces constitutes alteration. Cleaning of a surface with non-corrosive solutions and low pressure water, painting window frames or doorways with similar paints, or minor repairs such as roof repairs or caulking windows are examples of normal maintenance.
   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 were originally intended for public use (lobbies, corridors, rotundas, meeting halls, etc.) or those which are of overriding importance 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 committee 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 applicant must be an historic architect who has submitted a resume and must submit the 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 on forms approved by and available from the Texas Historical Commission P.O. Box 12276, Capitol Station, Austin, Texas 78711-2276.
   7. (7) Emergency application. If protection, stabilization, or conservation 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 committee staff.
   8. (8) Attachments. Any permit application must be accompanied by plans, specifications, and any other documents prepared for the project which will adequately describe the full scope of work. If requested, a vicinity map locating the property and/or 8 by 10 inches black and white photographs of the structure or affected portions of the structure may be required.

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

      1. (A) historic structure report;
      2. (B) historical documentation;
      3. (C) architectural documentation; and%61or
      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. Any required reports will be specified when the permit is issued. See §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 documentation;
       3. (C) curation report; and/or
       4. (D) completion report.
   11. (11) Issuance of permit. Contract documents should not be issued for bidding purposes before a permit has been issued by the committee. If no response has been made by the committee within 60 days of receipt of any permit application, the permit shall be considered to be granted.

2. (b) Permit categories for historic structures.

   1. (1) Research investigation. If the applicant can demonstrate that careful investigation of a structure through controlled dismantling 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 research investigation may be issued. Such a permit does not indicate approval for restoration, rehabilitation, or reconstruction and may entail replacement of removed materials, curation of selected samples, or documentation of research findings.

   2. (2) Preservation. Any work done to a structure on its original or present site will be permitted and reviewed according to one or more of the following treatments. The treatments are discussed in the committee standards for historic preservation which are available in printed form from the Texas Historical Commission, P.O. Box 12276, Capitol Station, Austin, Texas 78711 (subsection (c) of this section).

      1. (A) Protection is defined as the act or process of applying measures designed to affect the physical condition of a property by defending or guarding it from deterioration, loss, or attack, or to cover or shield the property from danger or injury. Such treatment is generally of a temporary nature and anticipates future historic preservation treatment.
      2. (B) Stabilization is defined as the act or process of applying measures designed to re-establish a weather resistant enclosure and the structural stability of an unsafe or deteriorated property while maintaining the essential form as it exists at present.
      3. (C) Conservation is defined as the act or process of applying measures to sustain the existing form, integrity, and material of a building or structure and the existing form and vegetative cover of a site. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building material.
      4. (D) Rehabilitation is defined as the act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient or contemporary use while preserving those portions or features of the property which are significant to its historical, architectural, and cultural values.
      5. (E) Restoration is defined as the act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.
      6. (F) Reconstruction is defined as the act or process of reproducing by new construction the exact form and detail of a vanished building, structure, or object, or a part thereof, as it appeared at a specific period of time. Reconstruction of a vanished structure 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 cultural integrity of that site.
   3. (3) Annual permit. A public agency, or institution may be granted an annual permit by the committee, allowing for reconnaissance, survey, study, protection, stabilization, or conservation projects. The annual permit will be issued for a specific period of time and must be arranged for under the auspices of a Memorandum of Understanding. The preservation plan for historic structures or MOU will be developed by the public agency, or institution, and approved by the committee to govern protection, stabilization, and conservation projects on designated State Archeological Landmarks owned by that particular public agency. The preservation plan or MOU will adhere to, but not be limited to, the committee's standards for historic preservation, subsection (c) of this section, and the principles described in the "Preservation Briefs" series published by the Technical Preservation Services, Preservation Assistance Division, National Park Service, United States Department of the Interior. The standards described in the preservation plan or MOU will be administered by a qualified architect on the staff of, or contracted by, that agency, institution or political subdivision. See §26.5 of this title (relating to Definitions). The committee will be informed of all projects completed under the guidance of the preservation manual and provided with details adequate to confirm compliance with the annual permit.
   4. (4) Relocation. Under most circumstances, a permit to relocate a structure from its original site will not be issued unless the committee has been satisfied that there is a necessity or a real and unavoidable threat to the structure's existence and that the applicant has made a reasonable effort to find the means to preserve that structure on its original site. If removal is unavoidable, the structure should be relocated to a site which resembles its original context as closely as is possible or feasible. A removal permit will require thorough documentation of the relationship between the structure and its site. An archeological investigation of both the old and new site locations may be required.
   5. (5) Demolition. Under most circumstances, a permit to demolish a structure will not be issued unless the committee is satisfied that there is a necessity due to a 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 reasonable effort to find the means to preserve that structure on its original site or, failing that, to relocate the structure to another site of comparable context. The applicant must show evidence that he or she has, in good faith, conducted feasibility studies, invited and considered alternative suggestions, or otherwise explored other reasonable possibilities. A demolition permit will require thorough documentation of the structure and its relationship to its existing site as well as archeological investigation if required by the committee.
   6. (6) 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 structure or site. The applicant must submit plans, elevations, and sections which adequately describe the full scope of the project and its relationship to the existing structure or site.
3. (c) Standards for historic preservation. The Secretary of the Interior's Standards for Historic Preservation (1983) are hereby adopted by reference by the committee and shall be considered to be a part of these rules for practice and procedure. Copies of these standards, referred to in this document as the committee standards, are available in printed form from the Texas Historical Commission, P.O. Box 12276, Capitol Station, Austin, Texas 78711-2276. 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 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 June 26, 1996, 21 TexReg 5437.