34.04.05.03 - Definitions

34.04.05.03. Definitions

A. In this chapter, the following terms have the meanings defined in the Act, if any, and, in addition, have the meanings indicated.

B. Terms Defined.

(1) "Act" means State Finance and Procurement Article, §§ 5A -318(c)(2) and 5A-323, Annotated Code of Maryland.

(2) "Building" means a structure or historically related complex created to shelter any form of human activity.

(3) "Character" or "character of a property" means the physical features, setting, or contents of a property which contribute to eligibility of the property for listing on the Register.

(4) "County" means the Mayor and City Council of Baltimore, or any of the 23 counties in the State.

(5) "Director" means the Director of the Maryland Historical Trust.

(6) "District" means a geographically defined area possessing a significant concentration, linkage, or continuity of sites, buildings, structures, monuments, or objects united by past events or aesthetically by plan or physical development, including individual elements separated geographically but linked by association or history.

(7) "Exceptional importance" means supported by deliberate and distinct justification that the property exceeds the minimum criteria for eligibility for the Maryland Register of Historic Properties under Regulation .07, including, for example, being:

(a) Related to an extraordinarily important event;

(b) A rare survivor of a fragile property type;

(c) The best representative of a historic context; or

(d) A source of data superior to or different from that obtainable in any other source.

(8) "Federal preservation officer" means the official designated by the head of each agency of the United States government to be responsible for coordinating that agency's activities under the National Historic Preservation Act, 16 U.S.C. §§ 470 - 470mm, as amended.

(9) "Governor's Consulting Committee" means the Governor's Consulting Committee on the National Register of Historic Places that reviews nominations from Maryland to the National Register under the National Historic Preservation Act.

(10) Historic Context.

(a) "Historic context" means a systematic aggregation of information about properties for a specific geographic region, chronological or developmental period, and prehistoric or historic theme. Historic contexts describe one or more aspects of the historic development of an area and identify the significant historic patterns that individual properties represent.

(b) "Historic context" includes those historic contexts developed in accordance with the State's historic preservation planning process set forth in the Maryland Comprehensive Historic Preservation Plan (June 1986), which is incorporated by reference, and particularly in Chapter IV and Appendices 3-6 of the Plan.

(11) Historic Property.

(a) "Historic property" means any district, site, building, structure, monument, or object significant in the prehistory, history, terrestrial or submerged archaeology, architecture, engineering, or culture of the State.

(b) "Historic property" includes artifacts, records, and remains that are related to the properties referred to in this section.

(12) "Internal Revenue Code" means 26 U.S.C., as amended.

(13) "Local government" means any county, municipality, or other political subdivision of the State.

(14) "Maryland Public Information Act" means State Government Article, §§ 10-611 -10-628, Annotated Code of Maryland, as amended, and any regulations promulgated under that statute.

(15) "Maryland Register of Historic Properties" means the Maryland Register of Historic Properties which is compiled and maintained by the Trust under the Act.

(16) "Monument" means a construction made and erected to commemorate a person or event.

(17) "Municipality" means any municipal corporation in the State subject to the provisions of Article XI-E of the Maryland Constitution.

(18) "National Historic Preservation Act" means 16 U.S.C. §§ 470 - 470mm, as amended.

(19) "National Register" means the National Register of Historic Places created and maintained under the National Historic Preservation Act.

(20) "Object" means a material thing made or manipulated by man and of functional, aesthetic, cultural, historical, or scientific value, that by nature or design may be movable yet is related to a specific setting or environment.

(21) "Owner" means the person or persons holding fee simple title to a property or the lessee or lessees of a property under a long-term ground lease as shown on current real property tax records.

(22) "Person" means an individual, partnership, corporation, or federal agency, State unit, or local government.

(23) "Property" means any district, site, building, structure, monument, or object.

(24) "Property type" means a grouping of individual properties based on shared physical or associative characteristics.

(25) "Secretary of the Interior" means the Secretary of the United States Department of Interior.

(26) "Site" means the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself maintains historical or archeological value regardless of the value of any existing structure.

(27) "State Historic Preservation Officer (SHPO)" means the official designated by the Governor to administer the State's historic preservation program and to perform the duties described in 36 CFR § 61.4, including nominating properties to the National Register.

(28) "State Submerged Artifact Register" means the State Submerged Artifact Register established under COMAR 34.04.03.14C.

(29) "State unit (unit)" has the meaning set forth in State Government Article, § 11-101, Annotated Code of Maryland.

(30) "Structure" means a construction made up of interdependent and interrelated parts in a definite pattern of organization.

(31) "Substantial risk" means some objective likelihood that an event will occur.

(32) "Trust" means the Maryland Historical Trust, an agency within the Division of Historical and Cultural Programs of the Department of Planning.

(33) "Unit official" means the head of a State unit, or the duly authorized designee, requesting or responsible for, or with authority over, a specific undertaking or assisted undertaking for which the Trust has review authority under State Finance and Procurement Article, §§ 5A -325 and 5A-326, Annotated Code of Maryland, or regulations adopted under those statutes.

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