reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-35 - GEORGIA AGRIBUSINESS AND RURAL JOBS ACT PROGRAM › Subject 110-35-1 - GEORGIA AGRIBUSINESS AND RURAL JOBS ACT › Rule 110-35-1-.04 - Application Process

Current through Rules and Regulations filed through June 27, 2024
(1) All applications shall be received on
				forms promulgated by the Department, with all attachments and supporting
				documentation required in order to be deemed complete.
(2) Applications shall contain all elements
				required for statutory compliance, as well as any other elements required by
				the Department.
(3) The Department
				will begin accepting applications on April 2, 2018. Prospective applicants may
				submit applications to the Department in advance of that date; however, any
				submission received in advance of the date will be deemed as having arrived on
				the date in which applications will first be accepted. Applications will be
				deemed received when a paper-copy of the application is received by the
				Department. Applications received after 5:00 pm (Eastern) will be deemed to be
				received on the following business day.
(4) Eligible applicants under the Georgia
				Agribusiness and Rural Jobs Act must apply in a format and manner prescribed by
				the Department. Applications must be submitted in paper-copy format to the
				Department at:
Georgia Department of Community Affairs
Georgia Agribusiness and Rural Jobs Act
				  Program
Community Development & Finance
				  Division
60 Executive Park South, NE
Atlanta, Georgia 30329-2231
O.C.G.A. §
										33-1-25.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-35 - GEORGIA AGRIBUSINESS AND RURAL JOBS ACT PROGRAM › Subject 110-35-1 - GEORGIA AGRIBUSINESS AND RURAL JOBS ACT › Rule 110-35-1-.05 - Certification of the Rural Fund

Current through Rules and Regulations filed through June 27, 2024
(1) Upon receipt of an application for
				certification of a rural fund, the Department shall review the application for
				completeness and compliance with required elements.
(2) Failure to provide any of the following
				elements within the application will result in the application being deemed
				incomplete:
(a) The amount of capital
				investment authority requested;
(b)
				A copy of the applicant or affiliate's license as a rural business investment
				company under 7 U.S.C.
				Section 2009cc or as a small business
				investment company under 15
				U.S.C. Section 681 and a certificate executed
				by an executive officer of the applicant attesting that such license remains in
				effect and has not been revoked;
(c) A comprehensive list of any and all
				affiliates of the applicant pertinent to a rural fund's satisfaction of
				subsection (b) and (d);
(d)
				Evidence, as required by the application, that the applicant or its affiliates
				have invested at least $100 million in nonpublic companies located in rural
				areas within the United States;
(e)
				An estimate of the number of jobs that will be created in the state as a result
				of the applicant's qualified investments;
(f) An estimate of the number of jobs that
				will be retained in the state as a result of the applicant's qualified
				investments;
(g) A business plan
				that includes a revenue impact assessment prepared by a nationally recognized,
				third-party, independent economic forecasting firm using a dynamic input-output
				forecasting model that analyzes the applicant's business plan over the ten
				years following the date the application is submitted to the Department. This
				business plan must demonstrate a positive economic impact on the state of
				Georgia over this period;
(h)
				Acknowledgement that only qualified investments made within the 118 eligible
				rural counties shall be eligible qualified investments under the
				program;
(i) A nonrefundable
				application fee of $5,000 payable to the Department; and
(j) Any other information required by the
				Department in the application.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-35 - GEORGIA AGRIBUSINESS AND RURAL JOBS ACT PROGRAM › Subject 110-35-1 - GEORGIA AGRIBUSINESS AND RURAL JOBS ACT › Rule 110-35-1-.06 - Certification of Capital Investment

Current through Rules and Regulations filed through June 27, 2024
(1) Within 60 days of the applicant receiving
				notification of certification, the rural fund shall issue the capital
				investment to and receive cash in the amount of the certified amount from the
				rural investor(s). Such transactions shall be received into a depository
				account that is segregated from other accounts of the applicant and
				specifically designated for capital investments received in connection with the
				Georgia Agribusiness and Rural Jobs Act Program at a financial institution of
				the applicant's choosing.
(2) At
				least 50 percent of the rural investor's capital investment shall be composed
				of capital raised by the rural investor from sources, including directors,
				members, employees, officers, and affiliates of the rural investor, other than
				the amount of capital invested by the allocatees claiming the tax credits in
				exchange for such allocation of tax credits.
(3) Within 65 days of receiving notice of
				certification, the applicant shall provide the Department with evidence of the
				receipt of the cash investment. Such investment shall be documented with bank
				statements or financial institution documentation acceptable to the Department,
				as well as through verification by an officer of the rural fund on a form
				promulgated by the Department. Failure to transmit complete documentation shall
				result in a lapsed certification.
(4) The rural fund must notify the Department
				which taxpayers will ultimately claim the tax credit within 65 days of the
				applicant receiving notice of certification.
(5) The rural fund shall provide evidence
				that the capital invested by the allocatees of tax credits is no more than 50
				percent of the rural investor's capital investment. Any report filed pursuant
				to Section
				110-35-1-.10(4)
				notifying the Department of a change in the utilization of tax credits shall
				include information with respect to capital provided to the rural investor, if
				any, by such new allocatee sufficient to enable this calculation to be
				completed with respect to such new allocatee.
(6) Any rural fund which does not receive the
				cash investment and issue the capital investment within such time-period
				following receipt of the certification notice, the certification shall lapse
				and the rural fund shall not issue the capital investment without reapplying to
				the Department for certification.
(7) Lapsed certifications revert to the
				Department and shall be reissued pro rata to applicants whose capital
				investment allocations were reduced and then in accordance with the application
				process.
O.C.G.A. §
										33-1-25.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-35 - GEORGIA AGRIBUSINESS AND RURAL JOBS ACT PROGRAM › Subject 110-35-1 - GEORGIA AGRIBUSINESS AND RURAL JOBS ACT › Rule 110-35-1-.07 - Qualified Investments & Eligible Businesses

Current through Rules and Regulations filed through June 27, 2024
(1) Qualified investments include loans or
				equity investments that meet the threshold requirements set forth as qualified
				investments.
(2) The Department
				shall produce a list, available to rural funds and placed on the Department's
				website, identifying business classifications that shall be considered eligible
				businesses. The NAICS code of the business entity in which a qualified
				investment is proposed to be made shall be used to determine the eligibility of
				such businesses under the Georgia Agribusiness and Rural Jobs Act
				program.
(3) The rural fund may
				make a request of the Department, on a case-by-case basis, to determine
				eligibility of a business and whether the business is engaged in agribusiness.
				The Department shall permit or deny eligibility within 20 days of receiving the
				request for consideration on forms promulgated by the Department. If the rural
				fund has not received notification from the Department of its determination
				within 20 days of receiving the request for consideration, the business in
				which the rural fund proposes to invest shall be considered an eligible
				business.
(4) All qualified
				investments shall be documented by the rural fund by completion of a
				certification form as promulgated by the Department, that includes all
				transactional documents, and verification of the investment of said funds
				through bank statements or other financial institution documents.
O.C.G.A. §
										33-1-25.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-35 - GEORGIA AGRIBUSINESS AND RURAL JOBS ACT PROGRAM › Subject 110-35-1 - GEORGIA AGRIBUSINESS AND RURAL JOBS ACT › Rule 110-35-1-.09 - Reporting requirements

Current through Rules and Regulations filed through June 27, 2024
(1) Rural funds shall submit a report to the
				Department within the first 15 business days after the second anniversary of
				the initial credit allowance date. This report shall include documentation as
				to the investment of 100 percent of the investments made under the Georgia
				Agribusiness and Rural Jobs Act. Such report shall include:
(a) The county of each eligible business
				receiving a qualified investment;
(b) Bank statements of such rural fund
				evidencing each qualified investment;
(c) Certification form promulgated by the
				Department verifying receipt of each qualified investment by the eligible
				recipient business;
(d) If
				requested of the Department, a copy of the written opinion of the Department
				that such business was an eligible business at the time of such qualified
				investment, or evidence that the Department failed to respond to a request for
				eligibility within 20 days of such request (as evidenced by a signed
				certification of the fund manager of such request and the Department's failure
				to respond), as applicable;
(e) The
				number of jobs created as a result of each qualified investment;
(f) The number of jobs retained as a result
				of each qualified investment;
(g)
				The average annual salary of jobs created as a result of each qualified
				investment;
(h) The average annual
				salary of jobs retained as a result of each qualified investment;
(i) The median salary of jobs created as a
				result of each qualified investment;
(j) The median salary of jobs retained as a
				result of each qualified investment;
(k) The salary range of jobs created as a
				result of each qualified investment;
(l) The salary range of jobs retained as a
				result of each qualified investment;
(m) Documentation of all distributions during
				the rural fund's first two years related to the reasonable costs and expenses
				of forming, syndicating, managing, and operating the rural investor or the
				rural fund. Such distributions may include reasonable and necessary fees paid
				for professional services, including legal and accounting services, related to
				the formation and operation of the rural fund and an annual management fee that
				shall not exceed 2 percent of the rural fund's qualified capital investment
				authority; and
(n) Any additional
				information requested by the Department.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-35 - GEORGIA AGRIBUSINESS AND RURAL JOBS ACT PROGRAM › Subject 110-35-1 - GEORGIA AGRIBUSINESS AND RURAL JOBS ACT › Rule 110-35-1-.10 - Claiming Credits

Current through Rules and Regulations filed through June 27, 2024
(1) Upon making a capital investment in a
				rural fund, a rural investor earns a vested right to a credit against such
				entity's Georgia state tax liability that may be utilized on each credit
				allowance date of such capital investment in an amount equal to the applicable
				percentage for such credit allowance date multiplied by the purchase price paid
				to the rural fund for the capital investment. The applicable percentages that
				may be claimed are:
(a) Credit Allowance Date
				#1 - 0%;
(b) Credit Allowance Date
				#2 - 0%;
(c) Credit Allowance Date
				#3 - 15%;
(d) Credit Allowance Date
				#4 - 15%;
(e) Credit Allowance Date
				#5 - 15%;
(f) Credit Allowance Date
				#6 - 15%; and
(g) No subsequent
				credits apply.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-35 - GEORGIA AGRIBUSINESS AND RURAL JOBS ACT PROGRAM › Subject 110-35-1 - GEORGIA AGRIBUSINESS AND RURAL JOBS ACT › Rule 110-35-1-.11 - Exiting the Program

Current through Rules and Regulations filed through June 27, 2024
(1) On or after the sixth anniversary of the
				closing date, a rural fund may apply to the Department to exit the program and
				no longer be subject to regulation under O.C.G.A. §
									33-1-25. Such application shall be
				made on forms promulgated by the Department.
(2) The Department shall review each
				application to determine whether credits have been recaptured or whether the
				rural fund has received a notice of recapture that has not been
				cured.
(3) The Department shall
				notify the rural fund within 30 days of receipt of application to exit the
				program as to whether the request is approved or denied.
(4) Denial notices shall include the
				reason(s) for the determination.
(5) The state shall receive a 10 percent
				share of any distributions annually from a rural fund that made a capital
				investment, other than the amount in excess of equity invested in the rural
				fund and tax distributions made by the rural fund.
(6) A rural fund shall distribute all amounts
				not held in qualified investments no later than the fourteenth anniversary of
				the closing date.
O.C.G.A. §
										33-1-25.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-35 - GEORGIA AGRIBUSINESS AND RURAL JOBS ACT PROGRAM › Subject 110-35-1 - GEORGIA AGRIBUSINESS AND RURAL JOBS ACT › Rule 110-35-1-.12 - Prohibitions

Current through Rules and Regulations filed through June 27, 2024
(1) No allocatee
				shall receive distributions, directly or indirectly from distribution or
				payments made by the rural fund, in excess of an amount that would result in an
				internal rate of return on capital invested that is more than 20 percent if the
				number of jobs created is:
(a) Less than 60
				percent of the projected jobs in the rural fund's approved business plan, then
				the state shall receive a penalty of 10 percent of the total tax credits
				distributed to the rural fund; or
(b) Greater than 60 percent but less than 80
				percent of the projected jobs in the rural fund's approved business plan, then
				the state shall receive a penalty of 5 percent of the total tax credits
				distributed to the rural fund.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-36 - Achieving Connectivity Everywhere (ACE) › Subject 110-36-1 - Achieving Connectivity Everywhere (ACE) › Rule 110-36-1-.01 - Purpose

Current through Rules and Regulations filed through June 27, 2024
The purpose of the Achieving Connectivity Everywhere (ACE)
				  Program is to amend Titles 32, 36 and 50 of the Official Code of Georgia
				  Annotated as the General Assembly recognizes that access to broadband services
				  in today's society is essential to everyday life. Access to broadband services
				  has been deemed a necessary service as fundamental as electricity, gas or phone
				  service. There is a growing need for the government of this state to provide
				  the much needed infrastructure to the homes and businesses without access to
				  broadband services due to their location in rural and other unserved areas.
				  Furthermore, the General Assembly declared that ensuring broadband services
				  deployment will have a positive effect on education, health care, public
				  safety, business and industry, government services, and leisure activities
				  throughout the entire state. The General Assembly also finds and declares that
				  guaranteeing an equitable deployment of broadband services throughout the state
				  is a public necessity, one of the basic functions of government, and a benefit
				  of the state.
O.C.G.A. §
				  50-39-80.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-36 - Achieving Connectivity Everywhere (ACE) › Subject 110-36-1 - Achieving Connectivity Everywhere (ACE) › Rule 110-36-1-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1)
'Broadband network project'
means any deployment of broadband
				services.
(2)
'Broadband
				services'
means a wired or wireless terrestrial service that consists of
				the capability to transmit at a rate of not less than 25 megabits per second in
				the downstream direction and at least 3 megabits per second in the upstream
				direction to end users and in combination with such service provides:
(a) Access to the Internet; or
(b) Computer processing, information storage,
				or protocol conversion.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-36 - Achieving Connectivity Everywhere (ACE) › Subject 110-36-1 - Achieving Connectivity Everywhere (ACE) › Rule 110-36-1-.03 - Broadband Ready Community Certification

Current through Rules and Regulations filed through June 27, 2024
(1) Eligible applicants must apply for the
				Broadband Ready Community certification in a format and matter prescribed by
				the Department. The Department shall promulgate the process and forms required
				and make such forms available on its website no later than February 1,
				2019.
(2) Eligible applicants may
				apply at any time after the Department has made requisite forms available.
(a) Eligible applicants include counties and
				municipal governments.
(i) Counties may apply
				for designation for unincorporated areas.
(ii) Municipalities may apply for designation
				within their corporate limits.
(iii) Counties and municipalities may apply
				jointly if all jurisdictions adopt the model ordinance with identical verbiage,
				including, but not limited to, one single point of contact for all
				jurisdictions, identical fee schedules, an identical approval/denial and
				notification timeline, and any other element required within the adopted
				ordinance. Failure of any jurisdiction to follow the adopted ordinance will
				jeopardize the Broadband Ready Community Certification for all jurisdictions
				jointly designated with the offending local government.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-36 - Achieving Connectivity Everywhere (ACE) › Subject 110-36-1 - Achieving Connectivity Everywhere (ACE) › Rule 110-36-1-.05 - Broadband Ready Community Site Designation

Current through Rules and Regulations filed through June 27, 2024
(1) In order to encourage economic
				development and attract technology enabled growth in Georgia, the Department of
				Community Affairs shall, with the Department of Economic Development, create
				and administer the 'Georgia Broadband Ready Community Site Designation
				Program.' Such program shall designate facilities and developments that have,
				at the time of application, broadband services or access to broadband services
				at the facility or development at a rate of not less than 1 gigabit per second
				in the downstream to end users that can be used for business, education, health
				care, government or other public purposes as a Georgia Broadband Ready
				Community Site. Access shall be defined as broadband services currently serving
				the facility/development or on a parcel immediately adjacent to the
				facility/development seeking designation.
(2) All applicants proposing facilities or
				sites be designated shall have been transmitted to the Georgia Department of
				Economic Development in advance of making application for designation and
				provide documentation of such notification within the application.
(3) The Department shall promulgate forms and
				procedures necessary to develop a designation and redesignation
				process.
(4) The Department shall,
				with appropriate stakeholders, collaborate to develop an application process
				that allows for the designation of Broadband Ready Community Site Programs.
				Such application shall require, at a minimum, a community point of contact, a
				facility/site point of contact, name and contact information for the broadband
				provider serving the facility/site, verification of the rate of broadband
				service at the facility/site.
(a) The rate of
				broadband availability for all facilities or sites for which designation is
				sought shall be calculated and verified at the facility or on the site seeking
				designation.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-36 - Achieving Connectivity Everywhere (ACE) › Subject 110-36-1 - Achieving Connectivity Everywhere (ACE) › Rule 110-36-1-.06 - Broadband Mapping

Current through Rules and Regulations filed through June 27, 2024
(1) The Department of Community Affairs shall
				determine those areas in the state that are served and unserved with broadband
				service and shall publish such findings.
(2) The Department shall consult with the
				Federal Communications Commission in determining if a map showing the unserved
				areas, as determined by the Department, exists.
(3) If the Department determines a map
				exists, it may provide on the Department's website a link to such map, in lieu
				of republishing such map.
(4) Any
				map created by the Department or its agent shall take into consideration any
				information received pursuant to O.C.G.A. §
									50-40-21(c) and
				(d), as well as O.C.G.A. §
									50-40-22.
(5) On or before January 1, 2019, the
				Department shall publish on its website a map showing the unserved areas in the
				state.
(6) If the Department
				determines that such a map does exist that was not created by the Department or
				an agent of the Department, then its website may link to such existing map in
				lieu of republishing such a map.
(7) All local governments shall cooperate
				with the Department and any agent designated by the Department by providing
				requested information as to addresses and locations of broadband services and
				other emerging communications technologies within their jurisdiction.
(8) The Department and any agent designated
				by the Department may request information from all broadband services providers
				in the state in developing a map or making the determination as to the
				percentage of locations within a census block to which broadband services are
				not available.
O.C.G.A. §§
											50-40-20,
				  50-40-21,
				  50-40-22.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-36 - Achieving Connectivity Everywhere (ACE) › Subject 110-36-1 - Achieving Connectivity Everywhere (ACE) › Rule 110-36-1-.07 - Challenging Served and Unserved Locations

Current through Rules and Regulations filed through June 27, 2024
(1) An entity that is authorized to apply for
				or that obtains a certificate of authority pursuant to O.C.G.A. § 45-5-163, a
				broadband services provider, or a political subdivision may file a petition
				with the Department along with data specifying locations or census blocks which
				the petitioner alleges should be designated differently than as shown on the
				map published on the Department's website pursuant to O.C.G.A. §
				50-39-21.
(2) The Department shall
				promulgate forms and instructions for challenging served and unserved
				locations. Such forms shall be maintained on the Department's website.
				Challenges may be submitted at any time.
(3) Upon receipt of such petition and data,
				the Department shall provide notice of the petition on the Department's website
				and shall notify all known broadband service providers furnishing broadband
				services in such census block or any census block in which any such locations
				are positioned.
(4) Such broadband
				providers shall have 45 days after the date such notice is sent to furnish
				information to the Department showing whether the locations that are the
				subject of the petition currently have broadband services available.
(5) The Department shall determine whether
				the designation of such locations or census blocks should be changed and shall
				issue such determination within 75 days of the date the notice is sent to the
				broadband services provider(s).
(6)
				Any determination made by the Department pursuant to this Code section shall be
				final and not subject to review and any such determination shall not be a
				contested case under Chapter 13 of Title 50, 'Georgia Administrative Procedure
				Act.'
O.C.G.A. §
				  50-39-22.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-36 - Achieving Connectivity Everywhere (ACE) › Subject 110-36-1 - Achieving Connectivity Everywhere (ACE) › Rule 110-36-1-.08 - Confidentiality of Data

Current through Rules and Regulations filed through June 27, 2024
(1) All information provided by a broadband
				services provider pursuant to O.C.G.A. §
									50-39-3 shall be presumed to be
				confidential, proprietary, a trade secret as such term is defined in O.C.G.A. §
									10-1-761, and subject to exemption
				from disclosure under state and federal law and shall not be subject to
				disclosure under O.C.G.A. 50-18-4, except in the form of a map where
				information that could be used to determine provider-specific information about
				the network of the broadband services provider is not disclosed.
(2) Except as otherwise provided in this
				chapter, such provider-specific information shall not be released to any person
				other than to the submitting broadband services provider, the Department, the
				Georgia Technology Authority, agents designated to assist in developing the map
				provided for in Article 2 of this chapter, employees of the Department or the
				Georgia Technology Authority, and attorneys employed by or under contract with
				the Department or the Georgia Technology Authority without express permission
				of the submitting broadband services provider.
(3) Such information shall be used solely for
				the purposes stated under this chapter.
O.C.G.A. §
											50-39-3.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-37 - HISTORIC PRESERVATION › Subject 110-37-1 - DESIGNATION OF HISTORIC BUILDINGS AND LANDMARK MUSEUM BUILDINGS › Rule 110-37-1-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) "Historic
				Building" means any individual building or any building which contributes to
				the historic character of a historic district, so designated by the State
				Historic Preservation Officer, or so designated pursuant to the provisions of
				Article 2 of Chapter 10 of Title 44, the "Georgia Historic Preservation
				Act".
(2) "Landmark Museum
				Building" means a historic building as defined in (1) used as the exhibit of
				the building itself, which exhibits a high degree of significance and
				architectural integrity, is open to the public not less than twelve (12) days
				per year, and is so designated by the State Historic Preservation
				Officer.
(3) "National Historic
				Preservation Act" means the Act of Congress codified at
				16 U.S.C. Section
				470
et seq.,
as amended
				(Public Law 89-665, as amended).
(4) "National Register of Historic Places"
				means the national list of districts, sites, buildings, structures, and objects
				significant in American history, architecture, archaeology, engineering, and
				culture, maintained by the Secretary of the Interior under authority of the
				National Historic Preservation Act.
(5) "State Historic Preservation Office"
				means the office within state government which carries out the function of the
				state historic preservation program under the National Historic Preservation
				Act. In Georgia, this is the Historic Preservation Division, Department of
				Community Affairs.
(6) "State
				Historic Preservation Officer" means the official designated by the Governor of
				Georgia to administer the state's historic preservation program under the
				National Historic Preservation Act.
O.C.G.A. §
										25-2-13.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-37 - HISTORIC PRESERVATION › Subject 110-37-1 - DESIGNATION OF HISTORIC BUILDINGS AND LANDMARK MUSEUM BUILDINGS › Rule 110-37-1-.02 - Criteria for Designation

Current through Rules and Regulations filed through June 27, 2024
(1) Historic buildings shall be so designated
				by the State Historic Preservation Officer if one of the following criteria is
				met:
(a) The building is in the National
				Register of Historic Places either as an individual property or as a
				contributing property to a historic district;
(b) The State Historic Preservation Officer
				concurs with a federal agency/applicant as the result of a proposed federal
				action that a building is eligible for listing in the National Register of
				Historic Places. In the case of property located within a district considered
				eligible, the particular building must be included as a contributing property
				to the district;
(c) The State
				Historic Preservation Officer has recommended to the National Park Service
				under the provisions of the Economic Recovery Tax Act of 1981 that a building
				can be:
1. Certified as a contributing
				building to a district listed in the National Register of Historic Places;
				or
2. Preliminarily certified as
				eligible for listing in the National Register of Historic Places or as a
				contributing building to a district eligible for listing in the National
				Register of Historic Places; or
(d) The State Historic Preservation Officer
				determines that a building, or a contributing building in a historic district,
				meets the criteria for the National Register of Historic Places as a part of
				the National Register nomination procedures of the State Historic Preservation
				Office.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-37 - HISTORIC PRESERVATION › Subject 110-37-1 - DESIGNATION OF HISTORIC BUILDINGS AND LANDMARK MUSEUM BUILDINGS › Rule 110-37-1-.03 - Application Procedures

Current through Rules and Regulations filed through June 27, 2024
(1) Designation application forms may be
				obtained from, and completed applications should be submitted to: Historic
				Preservation Division, Georgia Department of Community Affairs, 60 Executive
				Park South, Atlanta, GA 30329.
(2)
				Designation shall be made by the State Historic Preservation Officer only upon
				receipt of a completed designation application and such accompanying
				documentation as is necessary or called for.
(3) Normally such designation shall be made
				within thirty (30) days. However, should site visits or other evaluative
				activities by the State Historic Preservation Office staff be required, the
				thirty (30) day period may be extended as needed at the sole discretion of the
				State Historic Preservation Officer.
O.C.G.A. §
										25-2-13.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-37 - HISTORIC PRESERVATION › Subject 110-37-2 - EVALUATION OF PROPERTIES FOR THE GEORGIA REGISTER OF HISTORIC PLACES › Rule 110-37-2-.02 - Criteria for Evaluation of Properties for the Georgia Register

Current through Rules and Regulations filed through June 27, 2024
(1) The following
				criteria will be used for evaluation of property for the Georgia
				Register.
(2) The quality of
				significance in Georgia history, architecture, archaeology, engineering, and
				culture is present in districts, sites, buildings, structures, and objects that
				possess integrity of location, design, setting, materials, workmanship,
				feeling, and association and
(a) that are
				associated with events that have made a significant contribution to the broad
				patterns of our history; or
(b)
				that are associated with the lives of persons significant in our past;
				or
(c) that embody the distinctive
				characteristics of a type, period, or method of construction, or that represent
				the work of a master, or that possess high artistic values, or that represent a
				significant and distinguishable entity whose components may lack individual
				distinction; or
(d) that have
				yielded, or may be likely to yield, information important in prehistory or
				history.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-37 - HISTORIC PRESERVATION › Subject 110-37-2 - EVALUATION OF PROPERTIES FOR THE GEORGIA REGISTER OF HISTORIC PLACES › Rule 110-37-2-.03 - Application Procedures

Current through Rules and Regulations filed through June 27, 2024
(1) Designation application forms may be
				obtained from, and completed applications should be submitted to: Historic
				Preservation, Division, Georgia Department of Community Affairs, 60 Executive
				Park South, Atlanta, GA 30329.
(2)
				Designation shall be made by the State Historic Preservation Officer only upon
				receipt of a completed designation application and such accompanying
				documentation as is necessary or called for.
(3) Applicants shall submit documentation on
				forms or in a format approved by the Department for this use. At a minimum the
				application shall include name of property, location, property description,
				property history, significance, sources of information used to document the
				property, property ownership and other such information as shall be needed by
				the Department to determine eligibility and process the application.
(4) Submissions to the Review Board and the
				State Historic Preservation Officer shall be prepared using the documentation
				provided by the applicant and on forms developed by the Section.
(5) The State Historic Preservation Review
				Board shall (1) determine the adequacy of documentation of the application and
				(2) consider the eligibility for listing of properties submitted for its review
				by the State Historic Preservation Office. In its consideration, the State
				Historic Preservation Review Board shall review the State Historic Preservation
				Office recommendations as well as any comments concerning the property's
				significance. The State Historic Preservation Review Board shall determine (1)
				whether or not the property meets the Georgia Register criteria for evaluation
				and (2) if the documentation is adequate. The State Historic Preservation
				Review Board shall make a recommendation to the State Historic Preservation
				Officer Review to approve or disapprove the application.
(6) The State Historic Preservation Officer
				shall make the final determination of listing a property in the Georgia
				Register of Historic Places. The State Historic Preservation Review Officer's
				decision to list such property constitutes a listing in the Georgia Register of
				Historic Places.
(7) A boundary
				alteration shall be considered as a new property. An application for
				eligibility must be submitted and the process for listing followed as stated in
				(1) through (6) above. Only those owners affected by the boundary change need
				to be notified.
(a) Four justifications exist
				for altering a boundary:
1. professional error
				in the initial application;
2. loss
				of historic integrity;
3.
				recognition of additional significance;
4. additional research documenting that a
				larger or smaller area should be listed.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-37 - HISTORIC PRESERVATION › Subject 110-37-2 - EVALUATION OF PROPERTIES FOR THE GEORGIA REGISTER OF HISTORIC PLACES › Rule 110-37-2-.04 - Relationship of Georgia Register to National Register

Current through Rules and Regulations filed through June 27, 2024
(1) All properties currently listed in the
				National Register shall be listed in the Georgia Register. Any subsequent
				listings in the National Register shall be listed in the Georgia Register.
				However, listing in the Georgia Register does not mean listing in the National
				Register.
(2) For purpose of state
				actions associated with the Georgia Register, properties listed as contributing
				to a National Register or Georgia Register historic district as well as those
				properties individually listed in the National Register and Georgia Register
				are considered as listed in the Georgia Register.
O.C.G.A. §
										12-3-50.2.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-37 - HISTORIC PRESERVATION › Subject 110-37-3 - PRELIMINARY AND FINAL CERTIFICATION OF REHABILITATED HISTORIC PROPERTY › Rule 110-37-3-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) "Building". A
				building is a structure created to shelter any form of human activity, such as
				a house, barn, church, hotel, or similar structure. Building may refer to a
				historically related complex such as a courthouse and jail or a house and barn.
(2) "Department" means the
				Department of Community Affairs.
(3) "Georgia Register of Historic Places" or
				"Georgia Register" means the Georgia Register of districts, sites, buildings,
				structures, and objects significant in Georgia history, architecture,
				engineering, and culture.
(4)
				"Historic District" means a geographically definable area, urban or rural, that
				possesses a significant concentration, linkage or continuity of sites,
				buildings, structures or objects united by past events or aesthetically by plan
				or physical development. A district may also comprise individual elements
				separated geographically but linked by association or history.
(5) "Historic Property" is defined in
				O.C.G.A. §
									12-3-50.2 and means districts,
				sites, buildings, structures, or objects which possess integrity of location,
				design, setting, materials, workmanship, feeling, and association and which are
				determined to meet the criteria for listing in the Georgia Register of Historic
				Places according to the criteria outlined in these regulations.
(6) "National Historic Preservation Act"
				means the Act of Congress codified at 16 U.S.C.
(7) "National Register of Historic Places"
				means the national list of districts, sites, buildings, structures, and objects
				significant in American history, architecture, archaeology, engineering, and
				culture, maintained by the Secretary of the Interior under authority of the
				National Historic Preservation Act.
(8) "Rehabilitated Historic Property" means
				tangible real property which:
(a) qualifies
				for listing on the Georgia Register of Historic Places as provided in O.C.G.A.
				§ 12-3-3.1;
(b) is in the process
				of or has been substantially rehabilitated and is owner occupied residential
				real property, income-producing real property, or real property used primarily
				as residential property but partially as income-producing property;
(c) has been rehabilitated and meets the
				DCA's rehabilitation standards; and
(d) has been certified by the DCA as
				rehabilitated historic property eligible for preferential assessment.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-37 - HISTORIC PRESERVATION › Subject 110-37-3 - PRELIMINARY AND FINAL CERTIFICATION OF REHABILITATED HISTORIC PROPERTY › Rule 110-37-3-.02 - Requirements for Preliminary and Final Certification of Rehabilitated Historic Properties

Current through Rules and Regulations filed through June 27, 2024
(1) In order to be eligible for certification
				as rehabilitated historic property a property must:
(a) qualify for listing in the Georgia
				Register; and
(b) be substantially
				rehabilitated in accordance with the Department's Standards for Rehabilitation;
				and
(c) Matters of valuation are
				not the concern of the Department.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-37 - HISTORIC PRESERVATION › Subject 110-37-3 - PRELIMINARY AND FINAL CERTIFICATION OF REHABILITATED HISTORIC PROPERTY › Rule 110-37-3-.04 - Decertification as Rehabilitated Historic Property Conditions

Current through Rules and Regulations filed through June 27, 2024
(1) Certification may be revoked by the
				Department if it is determined that the property ceases to qualify as
				rehabilitated historic property. The Department has the authority to decertify
				any property which no longer possesses the qualities and features which made it
				eligible for the Georgia Register of Historic Places, or if a rehabilitation
				project was not undertaken as presented in the rehabilitated historic property
				application and supporting documentation, or where the owner, upon obtaining
				certification, undertook unapproved further alterations as part of the
				rehabilitation project inconsistent with the Standards for Rehabilitation, or
				if the owner failed to comply with any conditions of certification. Projects
				may be inspected by an authorized representative of the Department to determine
				if the work meets the Standards for Rehabilitation.
(2) A rehabilitated historic property not in
				conformance with the Standards for Rehabilitation and which is determined to
				have lost those qualities which cause it to be nominated to the Georgia
				Register, will be removed from the Georgia Register. Delisting or certification
				of non-significance is considered effective as of the date of issue and is not
				considered to be retroactive. The tax consequences of a decertification will be
				determined by the Georgia Department of Revenue.
O.C.G.A. §
										48-5-7.2.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-37 - HISTORIC PRESERVATION › Subject 110-37-3 - PRELIMINARY AND FINAL CERTIFICATION OF REHABILITATED HISTORIC PROPERTY › Rule 110-37-3-.05 - Certification Procedures

Current through Rules and Regulations filed through June 27, 2024
(1) A Rehabilitated Historic Property
				Application has two parts. Part A determines the preliminary historic
				significance and provides preliminary approval of proposed or ongoing
				rehabilitation work. Part B must be submitted and approved by the Department
				after the rehabilitation is completed and within 24 months of receiving a
				Preliminary Certification pursuant to these rules. Approval of this application
				certifies documented rehabilitation as meeting the Department's Standards for
				Rehabilitation. Part A is used to determine the preliminary historic
				significance and whether preliminary approval of proposed or ongoing
				rehabilitation work shall be granted. Part B must be submitted for approval to
				the Department after the rehabilitation is completed. Approval of Part B
				certifies that the documented rehabilitation meets the Department's Standards
				for Rehabilitation and constitutes certification of the property by the
				Department as rehabilitated Historic Property.
(2) A $50.00 application fee must accompany
				each application for the review process to begin. Fees are payable only by
				cashier's check. Check should be made payable to the Georgia Department of
				Community Affairs. All fees are non-refundable.
(3) The Department is responsible for
				receiving applications to determine eligibility as rehabilitated historic
				property. The State Historic Preservation Officer shall make the preliminary
				and final determination for certification of rehabilitated historic
				property.
(4) Applicants shall
				submit documentation on forms developed by the Department for certification.
				The Part A form shall be used for preliminary certification of rehabilitation
				work and for preliminary determination of historic significance. At a minimum,
				this application shall include property ownership, property location, property
				history, description of rehabilitation, photographs, and other such information
				as delineated in Department instructions that, shall be needed by the
				Department to determine rehabilitated historic certification.
(5) Once an application has been approved,
				substantive changes in the work as described in the application shall be
				brought to the attention of the Department by written statement using
				Department forms for such.
(6) The
				Part B - Final Certification form shall be used to certify the property as
				rehabilitated historic property as defined in these regulations.
O.C.G.A. §
										48-5-7.2.