North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 04 - ARCHIVES AND HISTORY › Subchapter R - ARCHAEOLOGY AND HISTORIC PRESERVATION SECTION › Section .0900 - TAX ACT CERTIFICATION REVIEW › Section 04R .0911 - INTRODUCTION TO HISTORIC PRESERVATION CERTIFICATIONS AND INFORMATION COLLECTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Ordinarily, only the fee-simple owner of the
				  property in question may apply for the historic preservation certifications
				  described in Rules .0912 and .0914 in this Section. If an application for a
				  certification is made by someone other than the fee-simple owner, however, the
				  application must be accompanied by a written statement from the fee-simple owner
				  indicating that he or she is aware of the application and has no objection to the
				  request for certification.
(b) Owners of
				  properties which are not yet individually listed in the National Register of
				  Historic Places or which are in areas that are not yet National Register or
				  certified historic districts may obtain certifications from the SHPO on whether or
				  not rehabilitation proposals meet the "Standards for Rehabilitation" and proceed
				  with the rehabilitation prior to the listing of the individual property or district
				  in the National Register. Because final certifications of rehabilitation will be
				  issued only to owners of certified historic structures, properties must be
				  individually listed in the National Register or be located within National Register
				  or certified historic districts by the time a request for final certification is
				  submitted to the SHPO. Similarly, if a property is located in a National Register or
				  certified historic district but outside the district's period of significance, the
				  National Register nomination or certification report for the district must be
				  amended to expand the period of significance by the time a request for final
				  certification is submitted to the SHPO.
(c) Applications for certifications of proposed
				  rehabilitation, historic significance, and completed rehabilitation shall be
				  submitted on the Historic Preservation Certification Application. Two copies of the
				  application and supporting documentation such as photographs and plans are required.
				  The applicant may obtain a preliminary and non-binding determination of a property's
				  historic significance within a National Register or certified historic district
				  prior to undertaking a rehabilitation project.
(d) Applications are available from the
				  HPO.
(e) Requests for certifications and
				  approvals of proposed rehabilitation projects shall be sent to the HPO.
(f) Where adequate documentation is not provided,
				  the owner will be notified in writing of the additional information needed to
				  undertake or complete the review. At such time the application shall be placed on
				  hold pending the receipt of complete information. If complete information is not
				  received within 30 days from the date of the request to the owner, the application
				  shall be returned to the owner due to insufficient documentation.
(g) Approval of applications and amendments to
				  applications shall be conveyed to the owner only in writing by the SHPO or his/her
				  duly authorized representative. Decisions with respect to certifications shall be
				  made on the basis of the descriptions contained in the application forms and other
				  available information. In the event of any discrepancy between the application and
				  other supplementary material submitted with it (such as architectural plans,
				  drawings, specifications, etc.), the applicant shall be requested to resolve the
				  discrepancy in writing. In the event the discrepancy is not resolved, the
				  description in the application shall take precedence.
Authority
					 G.S.
					 105-130.42;
					 105-151.23;
Temporary
					 Adoption Eff. January 1, 1998;
Eff. August 1, 1998;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without substantive
					 public interest Eff. July 26, 2015.