Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 089 - HISTORIC PRESERVATION COMMISSION AND MAINE STATE MUSEUM › Chapter 815 - HISTORIC PRESERVATION REVOLVING LOAN FUND › Section 089-815-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
The following terms used in this rule shall be defined as
				  below:
1. "Appraised Value" means an
				estimation of the current market value of a property. Appraised Value reports
				shall adhere to the Uniform Standards of Professional Appraisal Practices
				(USPAP).
2. "
Carrying
				Costs
" mean all expenses related to ownership of the Endangered Historic
				Property that will be incurred by the Qualified Organization prior to re-sale.
				These can include, but may not be limited to, expenses related to basic
				property maintenance (such as snow plowing, clearing snow from roofs, cleaning
				gutters, ensuring the property is secure from vandalism or break-in, etc.),
				real estate taxes, insurance, utilities, etc.
3. "
Certified Real Estate
				Appraiser
" means a certified general real property appraiser or a
				certified residential real property appraiser, as appropriate, who is licensed
				by the Maine Department of Professional and Financial Regulation.
4. "
Commission
" means the Maine
				Historic Preservation Commission as established in 27 MRSA §502.
5. "
Conditions Study
" means a
				formal report that presents an evaluation of the physical condition of the
				Endangered Historic Property, with a description of deteriorated areas and the
				cause(s) for the deterioration.
6.
				"
Director
" means the director of the Commission.
7. "
Endangered Historic
				Property
" or "EHP" means a district, site, building, structure or object
				which is listed in or is eligible for listing in the National Register of
				Historic Places, and which is subject to a threat that would substantially
				alter or destroy its historic or architecturally significant features or the
				historic property as a whole. Such properties may be listed or determined
				eligible for listing in the National Register either as individual properties,
				or as contributing resources within a listed or eligible historic district.
				When necessary, determinations of eligibility for individual properties and
				districts will be made by the Commission; based on criteria set forth in
				36 CFR
				60.4 and guidance issued by the National Park
				Service for applying the criteria.
8. "
Inspection
" means a visit by
				an authorized representative of the Director to a property for the purposes of
				reviewing and evaluating the significance of the building and the proposed,
				ongoing or completed rehabilitation work.
9. "
Licensed Real Estate
				Professional
" means a real estate broker, an associate real estate
				broker or a real estate sales agent, as appropriate, who is licensed by the
				Maine Department of Professional and Financial Regulation.
10. "
National Register of Historic
				Places
" or "
National Register
" means the official Federal
				list of districts, sites, buildings, structures, and objects significant in
				American history, architecture, archeology, engineering, and culture that the
				Secretary of the Interior is authorized to expand and maintain pursuant to
				Section 101(a)(1) of the National Historic Preservation Act of 1966, as
				amended.
11. "
Preservation
				Easement or Covenant
" means an agreement legally binding the current and
				future owners to preserve the subject property in accordance with the Secretary
				of the Interior's Standards for the Treatment of Historic Properties for a
				defined period of time or in perpetuity, as appropriate.
12. "
Qualified Nonprofit Historic
				Preservation Organization
" or "
Qualified Organization
" (QO)
				means either a nonprofit preservation or historical organization whose purposes
				include the preservation of historic properties, or a governmental body. A
				qualified organization must also demonstrate previous historic preservation,
				rehabilitation or acquisition activity; availability of staff with demonstrated
				professional training and experience in the administration of historic
				preservation programs; demonstrated experience with and a working knowledge of
				the Standards; and experience with the acquisition and resale of historic
				property.
13.
				"
Rehabilitation
" as defined by the Secretary of the Interior's
				Standards for Rehabilitation, means the process of returning a property to a
				state of utility, through repair or alteration, which makes possible an
				efficient contemporary use while preserving those portions and features of the
				property which are significant to its historic, architectural, and cultural
				values.
14.
				"
Stabilization
" means the act or process of applying measures
				designed to reestablish a weather resistant enclosure and the structural
				stability of an unsafe or deteriorated property while maintaining the essential
				form as it exists at present. For archeological sites it includes work to
				moderate, prevent, or arrest erosion.
15. "
Standards for the Treatment of
				Historic Properties
" or "
Standards
" means the United States
				Secretary of the Interior's Standards for the Treatment of Historic Properties
				codified as 36 CFR 68 in the July 12, 1995 Federal Register (Vol. 60, No.
				133).