13 Tex. Admin. Code § 26.24 - Compliance with Rules for Historic Buildings and Structures Permits

(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.

(c) Censure. The Antiquities Advisory Board may recommend that the commission censure a project architect, professional firm, contractor, or craftsperson. Such censure will result in the denial of permits to a project architect or professional firm, or the inability of a contractor or craftsperson to perform work under a permit, for a six-month period. Commission staff will send a letter of reprimand for each offense. More than one offense in a one year period could result in permit censuring for a period of six months for each offense.

(d) The commission may seek other remedies in accordance with Texas Natural Resources Code, Title 9, Chapter 191, Subchapter F (concerning Enforcement).

Notes

13 Tex. Admin. Code § 26.24

The provisions of this §26.24 adopted to be effective May 20, 2013, 38 TexReg 2980