Ga. Comp. R. & Regs. R. 110-37-2-.03 - Application Procedures

(1) Designation application forms may be obtained from, and completed applications should be submitted to: Historic Preservation, Division, Georgia Department of Community Affairs, 60 Executive Park South, Atlanta, GA 30329.

(2) Designation shall be made by the State Historic Preservation Officer only upon receipt of a completed designation application and such accompanying documentation as is necessary or called for.

(3) Applicants shall submit documentation on forms or in a format approved by the Department for this use. At a minimum the application shall include name of property, location, property description, property history, significance, sources of information used to document the property, property ownership and other such information as shall be needed by the Department to determine eligibility and process the application.

(4) Submissions to the Review Board and the State Historic Preservation Officer shall be prepared using the documentation provided by the applicant and on forms developed by the Section.

(5) The State Historic Preservation Review Board shall (1) determine the adequacy of documentation of the application and (2) consider the eligibility for listing of properties submitted for its review by the State Historic Preservation Office. In its consideration, the State Historic Preservation Review Board shall review the State Historic Preservation Office recommendations as well as any comments concerning the property's significance. The State Historic Preservation Review Board shall determine (1) whether or not the property meets the Georgia Register criteria for evaluation and (2) if the documentation is adequate. The State Historic Preservation Review Board shall make a recommendation to the State Historic Preservation Officer Review to approve or disapprove the application.

(6) The State Historic Preservation Officer shall make the final determination of listing a property in the Georgia Register of Historic Places. The State Historic Preservation Review Officer's decision to list such property constitutes a listing in the Georgia Register of Historic Places.

(7) A boundary alteration shall be considered as a new property. An application for eligibility must be submitted and the process for listing followed as stated in (1) through (6) above. Only those owners affected by the boundary change need to be notified.

(a) Four justifications exist for altering a boundary:

1. professional error in the initial application;

2. loss of historic integrity;

3. recognition of additional significance;

4. additional research documenting that a larger or smaller area should be listed.

(b) No enlargement of a boundary should be recommended unless the additional area possesses previously unrecognized significance in Georgia history, architecture, archaeology, engineering or culture. No diminution of a boundary should be recommended unless the area being removed does not meet the Georgia Register criteria for evaluation.

(8) Properties listed in the Georgia Register should be moved only when there is no feasible alternative for preservation. When a property is moved, every effort should be made to reestablish its historic orientation, immediate setting, and general environment. Property should be moved in a manner which retains the historic integrity of the property.

(a) If it is proposed that a property listed in the Georgia Register be moved and the interested party wishes the property to remain in the Georgia Register during and after the move, the applicant shall submit documentation to the State Historic Preservation Office prior to the move. The State Historic Preservation Office shall respond to a properly documented submittal with the final decision on whether the property will remain in the Georgia Register. Any such application submitted will be considered a new property for listing and must follow the same procedures as discussed in (3) and (4) above. The documentation shall discuss and provide:

1. the reasons for the move;

2. the effect on the property's historical integrity;

3. the new setting and general environment of the proposed site, including evidence that the proposed site does not possess historical or archaeological significance that would be adversely affected by the intrusion of the property;

4. photographs and maps showing the proposed location; and

5. the methods to be used to move the property.

(b) The State Historic Preservation Office shall review this documentation and prepare a recommendation to the State Historic Preservation Officer on whether or not the property will continue to meet Georgia criteria of eligibility after the move. Then the State Historic Preservation Office shall make a decision on whether or not the property may continue to meet Georgia criteria of eligibility after the move. Required notification procedures will be followed.

(c) Once the property is moved, the applicant shall submit to the State Historic Preservation Office:

1. a letter stating the date the property was moved;

2. photographs of the property on its new location; and

3. maps showing the new location of the property and current ownership of the property.

(d) In the event that a property is moved, deletion from the Georgia Register will be automatic unless the above procedures are followed prior to the move. If the property has already been moved, it is the responsibility of the applicant to notify the State Historic Preservation Office. If an applicant wishes to have the structure reentered in the Georgia Register, application must be made again on new forms which discuss:

1. the reasons the property was moved;

2. the effect on the property's historical integrity;

3. the new setting and general environment of the proposed site, including evidence that the proposed site does not possess historical or archaeological significance that would be adversely affected by the intrusion of the property;

4. photographs and maps showing the new location; and

5. the methods used to move the property.

(9) Properties are removed from the Georgia Register only under the following circumstances:

(a) Grounds for removing properties from the Georgia Register are as follows:

1. the property has ceased to meet the criteria for listing in the Georgia Register because the qualities which caused it to be originally listed have been lost or destroyed, or such qualities were lost subsequent to application and prior to listing;

2. additional information shows that the property does not meet the Georgia Register criteria for evaluation;

3. error in professional judgment as to whether the property meets the criteria or evaluation; or

4. prejudicial procedural error in the application or listing process.

(b) Properties removed from the Georgia Register for procedural error shall be reconsidered for listing by the State Historic Preservation Officer after correction of the error or errors by the State Historic Preservation Officer, the Historic Preservation Division, the State Historic Preservation Office, the Review Board, or the applicant, as appropriate.

(c) Any person or organization may request in writing for removal of a property from the Georgia Register by setting forth the reasons the property should be removed on the grounds established above. Petitions for removal are submitted to the State Historic Preservation Office. The State Historic Preservation Office reviews these petitions for removal and submits its recommendations to the State Historic Preservation Officer for a final decision.

(d) The State Historic Preservation Officer may elect to have a property considered for removal according to the State's application procedures for a new listing unless the petition is on procedural grounds.

(e) The State Historic Preservation Officer may remove a property from the Georgia Register on his/her own motion on the grounds established above. In such cases, the State Historic Preservation Office will notify the affected owner(s) and the applicable chief elected local official and provide them an opportunity to comment. Upon removal, the State Historic Preservation Office will notify the applicant of the basis for the removal.

Notes

Ga. Comp. R. & Regs. R. 110-37-2-.03

O.C.G.A. § 12-3-50.2.

Original Rule entitled "Application Procedures" adopted. F. July 17, 2020; eff. August 6, 2020.