13 Tex. Admin. Code § 26.22 - Historic Buildings and Structures Permit Categories
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 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 § 26.20(b) 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 §
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 §
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.
Notes
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