reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 04 - ARCHIVES AND HISTORY › Subchapter R - ARCHAEOLOGY AND HISTORIC PRESERVATION SECTION › Section .0500 - HISTORIC PRESERVATION COMMISSIONS › Section 04R .0501 - REVIEW OF COMMISSION REPORTS

Current through Register Vol. 39, No. 2, July 15, 2024
Local governments, municipal governing boards, local
					 preservation commissions, historic district commissions, and landmark commissions
					 shall submit requests for review of reports pursuant to
					 G.S.
					 160A-400.4(b) and
					 G.S.
					 160A-400.6(2)-(3) to the State
					 Historic Preservation Officer (SHPO) in care of the State Historic Preservation
					 Office (HPO), North Carolina Department of Natural and Cultural Resources, 4617 MSC,
					 Raleigh, NC 27699 or emailed to the HPO's Local Government Coordinator. The Local
					 Government Coordinator's contact information is available at
					 www.hpo.ncdcr.gov/hpostaff.htm.
Authority
					 G.S.
					 121-8(e);
					 160A-400.4(b)(2);
					 160A-400.6 (2,3);
Eff.
					 February 1, 1985;
Amended Eff. June 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without substantive
					 public interest Eff. July 26, 2015;
Amended Eff. June 1,
					 2017.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 04 - ARCHIVES AND HISTORY › Subchapter R - ARCHAEOLOGY AND HISTORIC PRESERVATION SECTION › Section .0500 - HISTORIC PRESERVATION COMMISSIONS › Section 04R .0502 - CERTIFICATES OF APPROPRIATENESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Local
				  preservation commissions, in their discretion, may seek the advice of the Department
				  of Natural and Cultural Resources when reviewing applications for Certificates of
				  Appropriateness pursuant to
				  G.S.
				  160A-400.9. Local preservation commissions shall
				  submit such requests in writing to the HPO, North Carolina Department of Natural and
				  Cultural Resources, 4617 MSC, Raleigh, NC 27699, or by email to the HPO's Local
				  Government Coordinator. The Local Government Coordinator's contact information is
				  available at www.hpo.ncdcr.gov/hpostaff.htm. The review will be completed within 30
				  days of receipt. Comments in response to the request will be conveyed in writing to
				  the commission requesting the review.
(b) Requests for review of applications for
				  Certificates of Appropriateness shall include a copy of the Certificate of
				  Appropriateness application.
(c) Local
				  preservation commission decisions regarding Certificates of Appropriateness may be
				  appealed as provided in Rule .0503 of this Section.
Authority
					 G.S.
					 121-8(e);
					 160A-400.9(d);
Eff. February 1, 1985;
Amended Eff. June 1, 1989;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without substantive
					 public interest Eff. July 26, 2015;
Amended Eff. June 1,
					 2017.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 04 - ARCHIVES AND HISTORY › Subchapter R - ARCHAEOLOGY AND HISTORIC PRESERVATION SECTION › Section .0500 - HISTORIC PRESERVATION COMMISSIONS › Section 04R .0503 - REVIEW OF APPEALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The State of North
				  Carolina and its agencies may appeal decisions of local preservation commissions to
				  the North Carolina Historical Commission. Agencies shall submit requests for appeals
				  to the Chairman, North Carolina Historical Commission c/o HPO, North Carolina
				  Department of Natural and Cultural Resources, 4617 MSC, Raleigh, NC 27699. Agencies
				  shall submit a copy of the record and decision from the local preservation
				  commission as well as an explanation of the grounds for appeal. The Historical
				  Commission shall consider appeals according to the standards set forth in
				  G.S.
				  160A-400.9. The Historical Commission may reverse,
				  sustain, or modify the decision of the local preservation commission.
Authority
					 G.S.
					 143B-62;
					 160A-400.9(f);
Eff. February 1, 1985;
Amended Eff. June 1, 1989;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without substantive
					 public interest Eff. July 26, 2015;
Amended Eff. June 1,
					 2017.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 04 - ARCHIVES AND HISTORY › Subchapter R - ARCHAEOLOGY AND HISTORIC PRESERVATION SECTION › Section .0500 - HISTORIC PRESERVATION COMMISSIONS › Section 04R .0504 - REPEALED - ADEQUATE INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 160A-395(2);
					 160A-397;
					 160A-398.1;
					 160A-399.5(2);
					 160A-399.6;
Eff. February
					 1, 1985;
Amended Eff. June 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without substantive
					 public interest Eff. July 26, 2015;
Repealed Eff. June 1,
					 2017.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 04 - ARCHIVES AND HISTORY › Subchapter R - ARCHAEOLOGY AND HISTORIC PRESERVATION SECTION › Section .0600 - DESIGNATION OF HISTORIC PROPERTIES UNDER THE STATE BUILDING CODE › Section 04R .0601 - REPEALED - STATEMENT OF PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 121-8; Building Code Authority Chapter 10, Sec.
					 1009.1(a)(1), 1010.1(a)(1);
Eff. February 1, 1985;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without substantive
					 public interest Eff. July 26, 2015;
Repealed Eff. June 1,
					 2017.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 04 - ARCHIVES AND HISTORY › Subchapter R - ARCHAEOLOGY AND HISTORIC PRESERVATION SECTION › Section .0600 - DESIGNATION OF HISTORIC PROPERTIES UNDER THE STATE BUILDING CODE › Section 04R .0602 - GENERAL APPLICATION PROCESS; CRITERIA FOR DESIGNATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Applications for
				  designation of buildings as "historic buildings" as provided in 2012 North Carolina
				  Rehab Code, Sec. 1.33 and 2015 North Carolina Existing Building Code, Chapter 2,
				  Sec. 202 may be obtained from the State Historic Preservation Officer (SHPO),
				  Attention Survey and National Register Branch, State Historic Preservation Office
				  (HPO), North Carolina Department of Natural and Cultural Resources, 4617 MSC,
				  Raleigh, N. C. 27699, or by email to the Supervisor of the Survey and National
				  Register Branch of the Historic Preservation Office. The Supervisor's contact
				  information is available at www.hpo.ncdcr.gov/hpostaff.htm. Applications shall
				  include the contents required by Rule .0605 of this Section.
(b) The SHPO or designee shall sign the
				  application form deeming the property historic for the purposes of either the North
				  Carolina Rehab Code or the 2015 North Carolina Existing Building Code if it meets
				  one or more of the following criteria:
(1) It is
				  listed in the North Carolina or National Registers of Historic Places either
				  individually or as a contributing building to a historic district;
(2) It has been issued a Determination of
				  Eligibility pursuant to 36 C.F.R. part 63 by the Keeper of the National Register of
				  Historic Places;
(3) It is identified as
				  a contributing building to a local historic district under
				  36 C.F.R.
				  67.5; or
(4) It is certified by the State Historic
				  Preservation Officer using criteria set forth in
				  36 C.F.R.
				  60.4, as eligible to be listed on the National
				  Register of Historic Places either individually or as a contributing building to a
				  historic district. Properties "eligible to be listed on the National Register"
				  include properties listed on the National Register Study list as provided in Rule
				  .0303 of this Subchapter.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 04 - ARCHIVES AND HISTORY › Subchapter R - ARCHAEOLOGY AND HISTORIC PRESERVATION SECTION › Section .0600 - DESIGNATION OF HISTORIC PROPERTIES UNDER THE STATE BUILDING CODE › Section 04R .0603-.0604

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 121-8(a),(c), and (f); Building
					 Code Authority Chapter 1009.1(a)(1), 1010.1(a)(1);
Eff. February 1,
					 1985;
Amended Eff. June 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rules are necessary without
					 substantive public interest Eff. July 26, 2015;
Repealed Eff. June 1,
					 2017.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 04 - ARCHIVES AND HISTORY › Subchapter R - ARCHAEOLOGY AND HISTORIC PRESERVATION SECTION › Section .0600 - DESIGNATION OF HISTORIC PROPERTIES UNDER THE STATE BUILDING CODE › Section 04R .0605 - DOCUMENTATION REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Applicants for "historic building" determinations shall include
					 the following information and documentation in addition to the applicant's contact
					 information:
(1) An application for a
				  building individually listed in the National Register or the National Register Study
				  List shall include the following:
(a) a photograph
				  of the building; and
(b) a citation to
				  the National Register nomination by name and county.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 04 - ARCHIVES AND HISTORY › Subchapter R - ARCHAEOLOGY AND HISTORIC PRESERVATION SECTION › Section .0600 - DESIGNATION OF HISTORIC PROPERTIES UNDER THE STATE BUILDING CODE › Section 04R .0606 - REPEALED - APPEALS PROCEDURE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 121-8(a),(c), and (f);
					 143B-62; Building Code Authority
					 Chapter 1009.1(a)(1), 1010.1(a)(1);
Eff. February 1, 1985;
Amended Eff. June 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without substantive
					 public interest Eff. July 26, 2015;
Repealed Eff. June 1,
					 2017.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 04 - ARCHIVES AND HISTORY › Subchapter R - ARCHAEOLOGY AND HISTORIC PRESERVATION SECTION › Section .0700 - ARCHAEOLOGICAL RESOURCES PROTECTION ACT › Section 04R .0701 - REPEALED - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 70-10 through
					 70-20;
Eff. February 1,
					 1985;
Repealed Eff. June 1, 1989.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 04 - ARCHIVES AND HISTORY › Subchapter R - ARCHAEOLOGY AND HISTORIC PRESERVATION SECTION › Section .0700 - ARCHAEOLOGICAL RESOURCES PROTECTION ACT › Section 04R .0702-.0718

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 70-12;
					 70-13;
					 70-14;
					 70-15(a);
					 70-18;
					 150B-23 through
					 150B-37;
Eff. February 1,
					 1985;
Amended Eff. June 1, 1989;
Repealed Eff. June 1,
					 2017.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 04 - ARCHIVES AND HISTORY › Subchapter R - ARCHAEOLOGY AND HISTORIC PRESERVATION SECTION › Section .0700 - ARCHAEOLOGICAL RESOURCES PROTECTION ACT › Section 04R .0719 - REPEALED - ADDITIONAL REQUIREMENTS FOR A GENERAL PERMIT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 70-13(c);
					 70-14;
Eff. February 1,
					 1985;
Repealed Eff. June 1, 1989.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 04 - ARCHIVES AND HISTORY › Subchapter R - ARCHAEOLOGY AND HISTORIC PRESERVATION SECTION › Section .0800 - ARCHAEOLOGY SERVICES › Section 04R .0801 - REPEALED - OPERATING HOURS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 121-5(b);
					 121-8(b),(f);
Eff. February 1, 1985;
Amended Eff. April 1, 2001;
Repealed
					 Eff. June 1, 2017.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 04 - ARCHIVES AND HISTORY › Subchapter R - ARCHAEOLOGY AND HISTORIC PRESERVATION SECTION › Section .0800 - ARCHAEOLOGY SERVICES › Section 04R .0802 - DISPOSITION OF ARTIFACTS; LOANS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Accessioned
				  archaeological artifacts shall not be deaccessioned unless they have been certified
				  by the North Carolina Historical Commission to have no further value for scientific
				  research and reference purposes. The Commission must consider:
(1) whether the artifacts possess any new or
				  undiscovered historical or archaeological information to add to the scientific
				  community; and
(2) whether other
				  comparable artifacts exist, so that there is no reason to retain the artifacts for
				  future scientific research and reference purpose.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 04 - ARCHIVES AND HISTORY › Subchapter R - ARCHAEOLOGY AND HISTORIC PRESERVATION SECTION › Section .0800 - ARCHAEOLOGY SERVICES › Section 04R .0803 - CURATION OF ARCHAEOLOGICAL COLLECTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All requests to
				  store archaeological, archival, and photographic collections at OSA curation
				  facilities shall be submitted in writing to the State Archaeologist. All requests
				  shall include:
(1) a declaration or statement of
				  ownership of the collection;
(2) the
				  name, address, phone number, and email address of the person or agency submitting
				  the collection;
(3) the provenience
				  information for the collection;
(4) the
				  storage size of the collection in cubic feet or by archival boxes measuring 12 x 15
				  x 10 inches or 6 x 15 x 10 inches; and
(5) the number of items to be stored.
Requests shall be submitted to State Archaeologist, North
					 Carolina Office State Archaeology, 4619 Mail Service Center, Raleigh NC
					 27699.
North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 04 - ARCHIVES AND HISTORY › Subchapter R - ARCHAEOLOGY AND HISTORIC PRESERVATION SECTION › Section .0800 - ARCHAEOLOGY SERVICES › Section 04R .0804-.0808

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 70-18;
					 121-8(b),(d),(e),(f);
					 121-4(9);
					 132-1(a);
					 132-2;
					 132-9;
					 132-3(a);
					 143B-62(2)d;
					 143B-62(2)(g);
Eff. February 1, 1985;
Amended Eff. April 1, 2001; June 1,
					 1989;
Repealed Eff. June 1, 2017.
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 .0901 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
The State Historic Preservation Officer (SHPO) is responsible
					 for making substantive judgments as to whether a structure meets the criteria for
					 listing in the National Register of Historic Places or the "Secretary's Standards
					 for Evaluating Structures within Registered Historic Districts" and whether the
					 rehabilitation of a certified historic structure meets the "Secretary's Standards
					 for Rehabilitation" and for forwarding the recommendations to the Secretary of the
					 Interior within the prescribed time period.
Authority
					 G.S.
					 121-8;
					 26 U.S.C.
					 46-48;
					 26 U.S.C. 170;
					 26 U.S.C.
					 191;
					 26 C.F.R. Part 1;
36 C.F.R.
					 67;
Eff. February 1, 1985;
Amended Eff. June 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without substantive
					 public interest Eff. July 26, 2015.
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 .0903 - APPLICATIONS FOR CERTIFICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The owner
				  of the property in question may apply for:
(1) an
				  evaluation of significance of rehabilitation work;
(2) a determination whether or not a particular
				  structure located within a registered historic district qualifies as a certified
				  historic structure;
(3) a preliminary
				  determination as to whether structures which appear to meet National Register
				  criteria but are not yet individually listed in the National Register, or listed as
				  part of a historic district, may qualify as certified historic structures when and
				  if the properties or district in which the properties are located are listed in the
				  National Register or the state or local district in which the properties are located
				  is certified by the secretary. The owner is responsible for initiating the process
				  of nomination of the property to the National Register. The property will be
				  considered by the SHPO and the secretary for actual certification at the time the
				  individual property or district is listed in the National Register or the state or
				  local district is certified by the secretary.
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 .0904 - REVIEW ASSISTANCE AND PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The SHPO through
				  the Tax Act Coordinator reviews all certification applications and makes comments
				  and recommendations to the secretary through the regional office of the National
				  Park Service.
(b) Survey specialists
				  will review Part 1 applications (Certification of Significance), and restoration
				  specialists will review Part 2 applications (Certification of Rehabilitation) and
				  provide written comments to the Tax Act Coordinator.
(c) The Tax Act Coordinator will assist owners
				  with their problems in preparing Parts 1 and 2 of the forms, examine forms when
				  received for errors and omissions in documentation, request and receive additional
				  information or clarification, coordinate application reviews, and transmit the
				  reviewed applications to the SHPO for forwarding to the regional office of the
				  National Park Service for the secretary to adjudge. A copy of the letter of
				  transmittal will be sent to the owner and will include the SHPO's
				  comments.
Authority
					 G.S.
					 121-8;
Eff. February 1,
					 1985;
Amended Eff. June 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without substantive
					 public interest Eff. July 26, 2015.
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 .0905 - CERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Requests for
				  evaluation of historic significance should be made by the owner to determine whether
				  or not a structure located within a registered historic district contributes to the
				  significance of the district.
(b) If the
				  property is individually listed in the National Register, and of a character subject
				  to the allowance for depreciation provided in Section 167 of the Internal Revenue
				  Code of 1954, it automatically is considered a certified historic structure.
(1) To determine whether or not a property is
				  individually listed in the National Register, the owner should consult the listing
				  of National Register properties, which identifies the structures in a registered
				  historic district that are of historic significance to the district.
(2) If the property is individually listed in the
				  National Register and the owner believes it has lost the characteristics which
				  caused it to be nominated and therefore wishes it delisted, the owner should consult
				  the SHPO and refer to the delisting procedures outlined in
				  36 CFR
				  60.
(3) Many individual properties in the National
				  Register include more than one structure. In these cases, the SHPO and the secretary
				  will consider the property listing as a registered historic district for the purpose
				  of determining which of the structures encompassed by the property are of historic
				  significance to the property.
(4) If it
				  is proposed that a structure individually listed in the National Register be moved
				  as a part of a request for certification of rehabilitation, the owner must follow
				  the procedures outlined in 36 CFR
				  60.8. When a property is moved, every effort
				  should be made to reestablish its historic orientation, immediate setting, and
				  general environment.
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 .0907 - APPEALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except as otherwise noted in this Rule, an
				  appeal by the owner or duly authorized representative, as appropriate, may be made
				  from any of the certifications or denials of certification made pursuant to this
				  Section. Such appeals must be in writing and received by the Associate Director for
				  Archeology and Historic Preservation, National Park Service, U.S. Department of the
				  Interior, Washington, D.C. 20240, within 30 days of receipt of the decision which is
				  the subject of the appeal. The denial of a preliminary certification of significance
				  for an individual structure or for a building within a historic district may not be
				  the subject of an appeal by the owner because the denial itself does not exhaust the
				  administrative remedy that is available. The owner instead must seek recourse by
				  consulting with the SHPO and undertaking the usual nomination process (36 CFR Part
				  60). Similarly, the denial of rehabilitation certification for a structure that is
				  not a certified historic structure may not be appealed. The owner must seek a final
				  certification of significance as the next step, rather than appealing the denial of
				  rehabilitation certification. The appellant may request an opportunity for a meeting
				  with the Associate Director to discuss the appeal. The Associate Director, or his
				  designee, will review such appeals and the written record of the decision in
				  question, and notify the appellant of his decision within 30 days of its receipt
				  unless the appellant is required to submit additional information.
(b) In reviewing such appeals, the Associate
				  Director shall consider:
(1) alleged errors in
				  professional judgment;
(2) alleged
				  substantial procedural errors; and
(3)
				  any additional information provided.
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 .0908 - TIME PERIODS

Current through Register Vol. 39, No. 2, July 15, 2024
If for any reason the review periods for the SHPO have expired
					 without recommendations being made and the request forwarded to the secretary, the
					 owner may notify the secretary directly of this fact. The secretary in turn will
					 consult with the SHPO and ensure that a review of the application is completed in a
					 timely manner. The time periods for review of applications will be adhered to as
					 closely as possible. These time periods are not considered to be legally binding,
					 and the failure to complete review within the designated periods does not waive or
					 alter any certification requirement.
Authority
					 G.S.
					 121-8;
					 26 U.S.C.
					 46-48;
					 26 U.S.C. 170;
					 26 U.S.C.
					 191;
					 26 C.F.R. Part 1;
36 C.F.R.
					 67;
Eff. February 1, 1985;
Amended Eff. June 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without substantive
					 public interest Eff. July 26, 2015.
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 .0909 - SCOPE OF RULES AND OVERVIEW OF STATUTORY AUTHORITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Rules .0901 -
				  .0908 of this Section relate to recommendations made by the State Historic
				  Preservation Officer (SHPO) to the Secretary of the Interior in connection with
				  federal tax incentives involving the rehabilitation of income-producing historic
				  properties.
(b) The SHPO makes
				  certifications of historic significance and certifications of rehabilitation in
				  connection with state tax incentives involving the rehabilitation of
				  non-income-producing historic properties. The rules .0909 - .0915 of this Section
				  are applicable to these certifications.
(c) The procedures for obtaining certifications
				  are set forth in Rules .0909 - .0915 of this Section. Owners wishing certifications
				  shall provide sufficient documentation to the SHPO to make certification decisions.
				  These procedures shall be applicable to future and pending certification requests
				  except as otherwise provided herein.
(d)
				  Requests for certifications and approvals of proposed rehabilitation work shall be
				  sent by an owner to the SHPO for review. All certification decisions shall be made
				  by the SHPO based upon review by HPO staff of the application and supporting
				  documentation.
(e) Rule .0916 of this
				  Section relates to fees charged for reviewing income-producing and
				  nonincome-producing rehabilitation certification requests.
(f) The SHPO makes certifications of
				  rehabilitation in connection with state tax incentives involving the rehabilitation
				  of income-producing historic properties. Rule .0917 of this Section is applicable to
				  the coordination with the Federal Certified Historic Rehabilitation Program for
				  these rehabilitation certification requests.
Authority
					 G.S.
					 105-129.35;
					 105-129.36A;
					 105-130.42;
					 105-151.23;
Temporary
					 Adoption Eff. January 1, 1998;
Eff. August 1, 1998;
Amended
					 Eff. November 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without substantive
					 public interest Eff. July 26, 2015;
Temporary Amendment Eff. January 1,
					 2016;
Temporary Amendment Expired Eff. October 11,
					 2016.
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 .0910 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For purposes of Rules .0909 through .0916 of this Section, the
					 following definitions shall apply:
(1)
				  "Certification" means the process established by these Rules to determine the
				  historic significance of properties within National Register or certified historic
				  districts as well as to approve proposed and completed rehabilitation
				  work.
(2) "Certified Historic District"
				  means any district which is:
(a) designated under a
				  local ordinance which has been certified by the Secretary of the Interior as
				  containing criteria which will substantially achieve the purpose of preserving and
				  rehabilitating buildings of historic significance to the district; and
(b) certified by the Secretary of the Interior as
				  meeting substantially all of the requirements for the listing of districts in the
				  National Register of Historic Places.
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 .0912 - CERTIFICATIONS OF HISTORIC SIGNIFICANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Requests
				  for determinations of historic significance for properties within National Register
				  or certified historic districts shall be made by the owner to determine:
(1) that a property located within a National
				  Register or a certified historic district contributes to the historic significance
				  to the district and is, therefore, a "certified historic structure"; or
(2) that a property located within a National
				  Register or certified historic district is not of historic significance to the
				  district.
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 .0913 - STANDARDS FOR EVALUATING SIGNIFICANCE WITHIN NATIONAL REGISTER OR CERTIFIED HISTORIC DISTRICTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Properties located within National Register or
				  certified historic districts shall be reviewed by the SHPO to determine if they
				  contribute to the historic significance of the district by applying the following
				  Standards for Evaluating Significance within National Register or Certified Historic
				  Districts.
(1) A building contributing to the
				  historic significance of a district is one which by location, design, setting,
				  materials, workmanship, feeling, and association adds to the district's sense of
				  time and place and historical development.
(2) A building not contributing to the historic
				  significance of a district is one which does not add to the district's sense of time
				  and place and historical development; or one where the location, design, setting,
				  materials, workmanship, feeling, and association have been so altered or have so
				  deteriorated that the overall integrity of the building has been irretrievably
				  lost.
(3) Ordinarily buildings that have
				  been built within the past 50 years do not meet the National Register Criteria for
				  Evaluation and are not considered to contribute to the significance of a district.
				  Buildings less than 50 years old are considered to contribute to the significance of
				  a district if the period of significance specified in the National Register
				  nomination (or Certified Historic District designation report) includes the date of
				  the building, or if the nomination (or designation report) establishes that the
				  building individually meets the National Register Criteria Exception for properties
				  less than 50 years old.
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 .0914 - CERTIFICATIONS OF REHABILITATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Owners
				  who want rehabilitation projects for certified historic structures to be certified
				  by the SHPO as being consistent with the "Standards for Rehabilitation" shall comply
				  with the procedures listed in this Rule.
(1) The
				  proposed project work must be approved by the SHPO prior to undertaking
				  rehabilitation work. To initiate review of a rehabilitation project for
				  certification purposes, an owner shall submit an application to the SHPO. In all
				  cases, documentation, including photographs adequate to document the appearance of
				  the structure(s), both on the exterior and on the interior, and its site and
				  environment prior to rehabilitation must accompany the application. The social
				  security or taxpayer identification number(s) of all owners must be provided in the
				  application. Other documentation, such as cleaning specifications, surveys of window
				  conditions, or documentation of deterioration, may be required by the SHPO to
				  evaluate rehabilitation projects. Plans for any attached, adjacent, or related new
				  construction must also accompany the application. Because the circumstances of each
				  rehabilitation project are unique to the particular certified historic structure
				  involved, certifications that may have been granted to other rehabilitations are not
				  specifically applicable and may not be relied on by owners as applicable to their
				  projects.
(2) A project does not become
				  a certified rehabilitation until it is completed by the owner and certified by the
				  SHPO. The owner shall submit the request for final certification and provide the
				  project completion date and a signed statement that the completed rehabilitation
				  project meets the "Standards for Rehabilitation" and is consistent with project work
				  previously approved. Also required in requesting certification of a completed
				  rehabilitation project are costs attributed to the rehabilitation, photographs
				  adequate to document the completed rehabilitation, and the social security or
				  taxpayer identification number(s) of all owners.
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 .0916 - FEES FOR PROCESSING REHABILITATION CERTIFICATION REQUESTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The North Carolina Department of Cultural Resources shall charge fees for reviewing
				  income-producing and nonincome-producing rehabilitation certification requests in
				  accordance with the schedule below.
(b)
				  Payment shall be made payable to: North Carolina Department of Cultural Resources. A
				  certification decision by the State Historic Preservation Office shall not be issued
				  on an application until the appropriate remittance is received by the department.
				  Fees are nonrefundable.
(c) No fee shall
				  be charged for rehabilitations under twenty five thousand dollars
				  ($25,000).
(d) The fee for review of
				  proposed rehabilitation projects over twenty five thousand dollars ($25,000) is two
				  hundred fifty dollars ($250.00). The initial fee for review of a proposed
				  rehabilitation project shall be deducted from the final review fee.
(e) The fees for review of completed
				  rehabilitation projects are based on the dollar amount of the costs attributed
				  solely to the rehabilitation of the certified historic structure as provided by the
				  owner in the Historic Preservation Certification Application, Request for
				  Certification of Completed Work, in accordance with the schedule below.
Completed Qualifying Rehabilitation
								Expenditures
Fee
$25,000 - $49,999
$250
$50,000 - $99,999
$500
$100,000 - $149,999
$750
$150,000 - $199,999
$1,000
$200,000 - $299,999
$1,250
$300,000 - $399,999
$1,750
$400,000 - $499,999
$2,250
$500,000 - $999,999
$2,750
$1,000,000 - $4,999,999
$5,250
$5,000,000 or more
$7,750
(f) In
				  the following cases the fee for preliminary review is two hundred fifty dollars
				  ($250.00) and the fee for final review is computed on the basis of the total
				  completed qualifying rehabilitation expenditures.
(1) In the case of a rehabilitation project which
				  includes more than one certified historic structure where the structures are judged
				  by the reviewing authority to have been functionally related historically to serve
				  an overall purpose; or
(2) In the case
				  of multiple building projects where
(A) there is no
				  historic functional relationship among the structures and which are under the same
				  ownership;
(B) are located in the same
				  historic district;
(C) are adjacent or
				  contiguous;
(D) are of the same
				  architectural type (e.g., rowhouses, loft buildings, commercial buildings);
				  and
(E) are submitted by the owner for
				  review at the same time.
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 .0917 - COORDINATION WITH THE FEDERAL INCOME-PRODUCING HISTORIC PRESERVATION REHABILITATION PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A taxpayer is not
				  required to apply for or pay the state fee for reviewing an income-producing
				  rehabilitation certification request if the taxpayer is not going to utilize the
				  state tax incentive.
(b) National Park
				  Service certification of a property as historically significant shall be deemed to
				  be certification of a property as historically significant by the State Historic
				  Preservation Officer.
(c) The State
				  Historic Preservation Officer shall certify and forward income-producing
				  rehabilitation projects to the National Park Service for review, and National Park
				  Service review shall constitute final certification. The National Park Service
				  certification shall not be deemed to be project certification by the State Historic
				  Preservation Officer.
(d) Taxpayers are
				  cautioned that deadlines and requirements for state certifications may differ from
				  deadlines and requirements for federal certifications.
Authority
					 G.S.
					 105-129.35;
					 105-129.36A;
Eff. November
					 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without substantive
					 public interest Eff. July 26, 2015.
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 .0918 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Rules .0918 - .0925 of this Section set forth
				  the procedures for obtaining certifications for the state historic rehabilitation
				  tax credits for qualifying rehabilitation expenditures and rehabilitation expenses
				  incurred on or after January 1, 2016 pursuant to Article 3L of G.S. 105.
Authority
					 G.S.
					 105-129.105;
					 105-129.106;
					 105-129.107;
Temporary
					 Adoption Eff. January 1, 2016;
Temporary Adoption Expired Eff. October
					 11, 2016;
Eff. December 1, 2016.
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 .0920 - APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An owner, or a
				  person with the owner's consent in accordance with
				  36 CFR
				  67.3(a)(1), (4), and (5), may
				  apply for a state historic tax credit. Tax credits for rehabilitating
				  income-producing historic structures shall only be available to applicants who
				  qualify for a federal historic rehabilitation tax credit in accordance with
				  36 CFR
				  67 and Rules .0901-.0908 of this Section. Tax
				  credits for rehabilitating non-income-producing historic structures shall not be
				  conditioned on qualification for the federal historic rehabilitation tax
				  credits.
(b) Application forms are
				  available upon request from the HPO. Applicants shall include the following
				  information and documentation in Part A of their application:
(1) Name and address of the property;
(2) Whether the property is income-producing or
				  non-income-producing;
(3) Whether the
				  property is listed on the National Register of Historic Places or located within a
				  National Register District or a Certified Local Historic District;
(4) Date of building construction;
(5) Estimated rehabilitation expenses;
(6) Use of building prior to rehabilitation and
				  proposed use after rehabilitation;
(7)
				  Floor area before and after rehabilitation;
(8) Estimated rehabilitation start and end
				  dates;
(9) Owner name and contact
				  information
(10) If different from the
				  owner, the name and contact information of a person who is available to answer
				  questions related to the rehabilitation project;
(11) A description of the rehabilitation
				  work;
(12) Photographs of the structure
				  and its surroundings before rehabilitation, documenting both interior and exterior
				  features along with a description of each photograph;
(13) Drawings or sketches of proposed work;
				  and
(14) Floor plans.
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 .0921 - CERTIFICATIONS OF HISTORIC SIGNIFICANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Part A of
				  applications provided in accordance with Rule .0920 of this Section shall be
				  evaluated by the SHPO and the HPO to determine if the property qualifies for a
				  certification of historic significance. In accordance with
				  36 C.F.R.
				  67.4(a), a property shall qualify
				  for a certification of historic significance if it meets one of the following
				  requirements:
(1) The individual property is
				  located on the National Register of Historic Places in accordance with 54 U.S.C.
				  Chapter 3021. Income-producing properties not listed on the National Register shall
				  be considered if they meet the criteria in
				  36 C.F.R.
				  67.4. Non-income-producing properties must be
				  listed on the National Register prior to the issuance of a certification of historic
				  significance. A list of North Carolina properties on the National Register of
				  Historic Places is available at http://www.hpo.ncdcr.gov/NR-PDFs.html; or
(2) The property is a historically significant
				  property located within a National Register District or a Certified Local Historic
				  District.
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 .0922 - STANDARDS FOR EVALUATING SIGNIFICANCE WITHIN NATIONAL REGISTER OR CERTIFIED HISTORIC DISTRICTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A property shall be determined to be
				  historically significant by the SHPO if it meets one of the following requirements:
(1) The property is located within a National
				  Register Historic District as provided in
				  36 C.F.R.
				  60 and contributes to the historical significance
				  of the district as provided in 36
				  C.F.R. 67.5 by adding to the district's sense of
				  time, place, and historical development. References in the cited C.F.R. sections to
				  the "Secretary" shall mean "SHPO". A list of the National Register Historic
				  Districts in North Carolina is available at http://www.hpo.ncdcr.gov/NR-PDFs.html;
				  or
(2) The property is located within a
				  Certified Local Historic District as provided in G.S. 160A, Article 19, Part 3C and
				  contributes to the historical significance of the district by the standards set
				  forth in 36 C.F.R.
				  67.5 by adding to the district's sense of time,
				  place, and historical development. The local historic district shall also be
				  certified as a Registered Historic District by the Secretary of the Interior as
				  provided in 36 C.F.R.
				  67.2.
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 .0923 - CERTIFICATIONS OF REHABILITATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  taxpayer shall obtain a certification of rehabilitation to claim a tax credit for
				  rehabilitating an income-producing historic structure or a non-income producing
				  historic structure. Applicants seeking certifications of rehabilitation shall submit
				  an application in accordance with Rule .0920 of this Section.
(1) Submission of Part A of the application
				  initiates review of a rehabilitation project. Upon receipt of a completed Part A
				  application, the SHPO shall determine if the project meets the "Standards for
				  Rehabilitation" as outlined in Rule .0924 of this Section. If the proposed project
				  does not meet the Standards for Rehabilitation, the SHPO shall notify the applicant
				  in writing of a way to bring the proposed project into compliance with the Standards
				  of Rehabilitation.
(2) Upon completion
				  of a rehabilitation project and submission of Part B of the application in
				  accordance with Rule .0920 of this Section, the SHPO shall review the completed
				  project to determine if it complies with the Standards for Rehabilitation in
				  accordance with Rule .0924 of this Section.
(3) If the project obtained a certification of
				  historical significance and meets the Standards for Rehabilitation upon completion,
				  then the SHPO shall issue a certification of rehabilitation.
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 .0924 - STANDARDS FOR REHABILITATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The SHPO shall
				  evaluate applications for certifications of rehabilitation pursuant to the Standards
				  of Rehabilitation as provided in 36 C.F.R. 67.7(a) - (d) and
				  (f). For purposes of this Rule, references in
				  these C.F.R. sections to the "Secretary" shall mean "SHPO." The Standards shall
				  apply to interior and exterior features, related landscape features, the building's
				  site and environment, as well as attached, adjacent, or related new construction.
				  The SHPO shall also consult the NPS Guidelines for Rehabilitating Historic Building
				  and the NPS Preservation Briefs during review of applications. The NPS Guidelines
				  for Rehabilitating Historic Buildings are incorporated by reference, including
				  subsequent amendments and editions, and can be found at no cost at
https://www.nps.gov/tps/standards/rehabilitation/rehab
.
				  The NPS Preservation Briefs are incorporated by reference, including subsequent
				  amendments and editions, and can be found at no cost at
https://www.nps.gov/tps/how-to-preserve/briefs.htm
.
				  Both publications are available for inspection with the North Carolina Historical
				  Commission. The SHPO shall also consider the economic and technical feasibility of
				  application of the Standards to the project under consideration.
(b) Prior approval of a project by local agencies
				  and organizations shall not ensure certification by the SHPO for State tax credit
				  purposes.
Authority
					 G.S.
					 105-129.105;
					 105-129.106;
					 105-129.107;
Temporary
					 Adoption Eff. January 1, 2016;
Temporary Adoption Expired Eff. October
					 11, 2016;
Eff. December 1, 2016.