Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 26 - PRACTICE AND PROCEDURE › Subchapter D - HISTORIC BUILDINGS AND STRUCTURES › Section 26.24 - Compliance with Rules for Historic Buildings and Structures Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) Failure to seek a permit. Public owners,
				  project sponsors, project architects, and professional firms shall not perform
				  work on a historic building or structure that is designated as a landmark or
				  nominated for designation as a landmark without applying for and having been
				  issued a Historic Buildings and Structures Permit by the commission, or without
				  having been officially authorized by the commission to proceed prior to
				  issuance of an emergency permit. Work proceeding without a properly issued
				  permit, with the knowledge of the public owner or project sponsor, constitutes
				  a violation of the Antiquities Code of Texas and this chapter. The commission
				  may require that remedial work be performed under a properly issued permit to
				  address any damage to the landmark or may deny issuance of a permit for the
				  work and prevent authorization for a development project to proceed relative to
				  jurisdiction under the Antiquities Code of Texas. The commission may also
				  censure a project architect or professional firm for performing unauthorized
				  work, in accordance with subsection (c) of this section.
(b) Noncompliance with permit terms. If the
				  permittee, project sponsor, project architect, professional firm, contractor,
				  or craftsperson fails to comply with the terms of a permit, the commission may
				  take action to bring the permit into compliance or censure the responsible firm
				  or individual in accordance with subsection (c) of this section. Noncompliance
				  includes failure to comply with any of the rules of the commission, any of the
				  terms of the specific permit involved, or the Secretary of the Interior's
				  Standards for the Treatment of Historic Properties; failure to properly conduct
				  or complete the project, to complete any required reports, or to meet the terms
				  and conditions of defaulted permits; or failure to act in the best interest of
				  the state.
(1) Permit hold. The commission may
				  place a noncompliant permit on hold. In the case of ongoing projects, work must
				  cease immediately. Such hold may be conveyed by verbal or other informal
				  communication from commission staff, to be followed by certified letter, return
				  receipt requested, mailed to the last address furnished to the commission by
				  the permittee. Commission staff will negotiate with the permittee, project
				  sponsor, project architect, or professional firm to amend the permit. If an
				  amendment cannot be reached that would bring noncompliant work into compliance
				  with the rules, the commission staff will refer the permit to the Antiquities
				  Advisory Board.
(2) Permit
				  cancellation. The Antiquities Advisory Board will consider cases referred by
				  the commission staff and may recommend that the commission cancel a permit. If
				  a permit is canceled, the commission staff will notify the permittee of such
				  cancellation by certified letter, return receipt requested, mailed to the last
				  address furnished to the commission by the permittee. Upon notification of
				  cancellation, the permittee, project sponsor, project architect, and
				  professional firm shall remove all construction personnel and equipment from
				  the area or site within 24 hours. A permit, which has been canceled, can be
				  reinstated by the commission if good cause is shown within 30 days.