North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 04 - ARCHIVES AND HISTORY › Subchapter R - ARCHAEOLOGY AND HISTORIC PRESERVATION SECTION › Section .0300 - NATIONAL REGISTER: PLAN › Section 04R .0304 - NATIONAL REGISTER NOMINATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An applicant who
				  wishes to have a property nominated to the National Register shall submit a draft
				  nomination in writing by mail to the address in Rule .0301(c) of this Section.
				  Nomination forms are available at www.nps.gov/nr/publications/forms.htm. Forms
				  10-900, 10-900a, and 10-900b are hereby incorporated by reference, including
				  subsequent amendments and editions. The forms are available online at no
				  cost.
(b) Upon request, the HPO shall
				  provide nomination applicants with an electronic copy of the National Register
				  Bulletin "How to Apply the National Register Criteria for Evaluation," available at
				  https://www.nps.gov/nr/publications/bulletins/nrb15/ and the National Register
				  Bulletin "How to Complete the National Register Form" available at
				  www.nps.gov/nr/publications/bulletins/nrb16a/. Both Bulletins are hereby
				  incorporated by reference, including subsequent amendments and editions. The
				  Bulletins are available online at no cost. Applicants shall use the Bulletins as a
				  guide when completing the National Register nomination form.
(c) The HPO shall review draft nomination forms
				  using the standards in the Bulletins incorporated in Paragraph (b) of this Rule. The
				  HPO shall provide written guidance to the applicant on necessary revisions to ensure
				  the nomination meets the standards set forth in the Bulletins.
(d) When the HPO determines the nomination form is
				  complete and in compliance with the Bulletins incorporated in subsection (b) of this
				  Rule, the HPO shall send the application to the NRAC for consideration.
(e) The HPO shall provide written notice to the
				  owner or owners of the nominated property in accordance with
				  36 C.F.R.
				  60.6. The HPO shall notify owners listed in the
				  official land recordation records or tax records. The owner or owners shall have the
				  opportunity to object to the nomination by submitting a written and notarized
				  statement in accordance with 36
				  C.F.R. 60.6(g) to the address in
				  Rule .0301(c) of this Section. If a majority of the owners of private property
				  submit objections to its nomination, the SHPO shall follow the procedure set forth
				  in 36 C.F.R.
				  60.6(n).
(f) Individuals and local government entities may
				  provide comments on a proposed nomination as provided in
				  36 C.F.R.
				  60.6(g).
(g) The NRAC shall review nominations pursuant to
				  36 C.F.R.
				  60.4 and
				  60.6(j). The NRAC
				  shall provide a recommendation to the SHPO as to whether the property meets the
				  National Register Criteria for Evaluation in
				  36 C.F.R.
				  60.4 and should be forwarded to the Keeper of the
				  National Register for listing in the National Register.
(h) The SHPO shall review the nomination and the
				  NRAC's recommendation along with any public comments. The SHPO may, in his or her
				  discretion, submit the nomination and comments to the Keeper of the National
				  Register, Department of the Interior, National Park Service, Washington, D.C. 20240.
				  The SHPO shall notify the property owner or owners and applicant of his or her final
				  decision regarding the nomination.
(i)
				  Following review by the Keeper of the National Register and receipt by the SHPO from
				  that office of notice of approval or rejection of the nomination, the SHPO shall
				  send to the property owner and chief executive officer of the local governmental
				  unit notification of the disposition of the nomination and, if approved, a
				  certificate signed by the SHPO stating that the property is listed in the National
				  Register of Historic Places.
Authority
					 G.S.
					 121-8(b);
					 143B-62;
					 36 C.F.R.
					 60.6,
					 60.11;
Eff. February 1,
					 1985;
Amended Eff. June 1, 1989;
Readopted Eff. June 1,
					 2017.