Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 26 - PRACTICE AND PROCEDURE › Subchapter D - HISTORIC BUILDINGS AND STRUCTURES › Section 26.22 - Historic Buildings and Structures Permit Categories

Current through Reg. 49, No. 28; July 12, 2024
All work done on historic buildings or structures and their
					 sites will be reviewed, and issued permits when appropriate, in accordance with
					 one or more of the following permit categories. Section
					 RSA 191.054
					 of the Texas Natural Resources Code authorizes the commission to issue permits
					 for survey and discovery, excavation, restoration, demolition, or study. The
					 following permit categories clarify specific scopes of work within these areas.
					 Restoration is herein understood to include preservation, rehabilitation,
					 restoration, and reconstruction as defined in the Secretary of the Interior's
					 Standards for the Treatment of Historic Properties (Standards), per §
										RSA 26.20<subdiv>(b)</subdiv>
					 of this title (relating to Application for Historic Buildings and Structures
					 Permits).
(1) Preservation permit.
				  Preservation is the act or process of applying measures necessary to sustain
				  the existing form, integrity, and materials of a cultural resource, including
				  preliminary measures to protect and stabilize the building, structure, or site.
				  Preservation consists of maintenance and repair of materials, features, or
				  landforms of cultural resources, rather than extensive replacement and new
				  construction. Preservation also includes the conservation of buildings, sites,
				  structures, and objects.
(2)
				  Rehabilitation permit. Rehabilitation is the act or process of making possible
				  a compatible use for a property through repair, alterations, or additions,
				  while preserving those portions or features of the property which convey its
				  historical, architectural, or cultural values.
(3) Restoration permit. Restoration is the
				  act or process of accurately depicting the form, features, and character of a
				  property and its setting as it appeared at a particular period of time by means
				  of the removal of features from later periods in its history and reconstruction
				  of missing features from the restoration period.
(4) Reconstruction permit. Reconstruction is
				  the act or process of depicting, by means of new construction, the exact form,
				  features, and detailing of a non-surviving site, landscape, building,
				  structure, or object for the purpose of replicating its appearance at a
				  specific period of time and in its historic location. Reconstruction of a
				  non-surviving cultural resource, or any part thereof within the described
				  limits of a designated landmark, will be reviewed and permitted in light of its
				  impact on the historical, architectural, or cultural integrity of that site.
				  Reconstruction permits may be required for any reconstruction within the
				  boundaries of a landmark that is significant as an archeological site, in
				  addition to other applicable permits described in §
										RSA 26.15
				  of this title (relating to Archeological Permit Categories).
(5) Architectural investigation permit. If
				  the applicant can demonstrate that careful investigation of a building or
				  structure through controlled dismantling or sampling and testing of historic
				  material or later modifications will contribute to the understanding of that
				  building or structure's history, or of the history and culture of Texas in
				  general, a permit for architectural investigation may be issued. This type of
				  permit does not indicate approval for rehabilitation, demolition, or any other
				  type of work, but may require replacement of removed materials or storage of
				  selected samples.
(6) Hazard
				  abatement permit. If hazardous materials exist in a historic building or
				  structure and must be abated or removed in a project unrelated to other
				  preservation, restoration or rehabilitation work, then a permit for hazard
				  abatement may be issued. This type of permit does not indicate approval for
				  rehabilitation, demolition, or any other type of work, but may require
				  replacement of removed materials.
(7) Relocation permit. Under most
				  circumstances, a permit to relocate a building or structure from its original
				  site will not be issued unless the commission has been satisfied that there is
				  a real and unavoidable threat to the building or structure's existence, and
				  that the applicant has made a thorough effort to find the means to preserve the
				  building or structure on its original site. If relocation is unavoidable, the
				  building or structure should be relocated to a site that resembles its original
				  setting as closely as possible. A relocation permit will require thorough
				  documentation of the relationship between the building or structure and its
				  existing site and documentation of the proposed new site and placement of the
				  building or structure to demonstrate that the new site and setting are
				  comparable to the original. An archeological investigation of both the old and
				  new site locations may also be required.
(8) Demolition permit. Under most
				  circumstances, a permit to demolish a building or structure will not be issued
				  unless the commission is satisfied that there is a necessity due to
				  deterioration of the building or structure that constitutes a threat to the
				  health, safety, or welfare of citizens or a real and unavoidable threat to the
				  building or structure's existence. The applicant must show that he or she has
				  made a thorough effort to find the means to preserve the building or structure
				  on its original site or, failing that, to relocate the building or structure to
				  another site with a comparable setting. The applicant must show evidence that
				  he or she has, in good faith, conducted a feasibility study and obtained
				  estimates from appropriate professionals, invited and considered alternative
				  suggestions and proposals, and otherwise explored all reasonable possibilities
				  other than demolition. A demolition permit will require thorough documentation
				  of the building or structure and its relationship to its existing site, as well
				  as archeological investigation, as defined and required by the
				  commission.
(9) New construction
				  permit. Any new construction to be built within the described limits of a
				  landmark must be reviewed and permitted in light of its impact on the
				  historical, architectural, and cultural integrity of that cultural resource and
				  its site. The applicant must submit plans, elevations, and sections that
				  adequately describe the full scope of the project and its relationship to the
				  existing building or structure and its site. New construction permits may be
				  required for construction within the boundaries of a landmark that is
				  significant as an archeological site, in addition to other applicable permits
				  described in §
										RSA 26.15
				  of this title (relating to Archeological Permit Categories).
(10) Monuments are considered structures. As
				  such permits for work on monuments, or for their removal or relocation shall
				  fall under one or more of the permit categories listed above.
(11) Markers are not considered structures
				  and any proposed work on or related to markers must comply with Chapter 21
				  herein.