j
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
Costa Mesa City Hall
Attn: Economic and Development Services
Department
77 Fair Drive, 2nd Floor
Costa Mesa, CA 92626
(SPACE ABOVE THIS LINE IS FOR RECORDER'S USE)
Exempt from SB2 fee per Government Code 27388.1(a)(1)(2)(D)) HISTORICAL PROPERTY PRESERVATION AGREEMENT (Mills Act Contract)
BY AND BETWEEN THE CITY OF COSTA MESA,
A MUNICIPAL CORPORATION, AND
(PRINT NAME OF EACH OWNER AS LISTED ON TITLE)
FOR THE PRESERVATION AND BENEFIT OF THE
HISTORIC PROPERTY LOCATED AT
(ADDRESS)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT (the “Agreement”) is made and entered into as of this ______ day of ______, ______ (herein referred to as the “Effective Date”), by and between by the CITY OF COSTA MESA (“City”), and ____________________________________ ______ (referred to herein as the “Owner"). City and Owner are each a “party” and collectively the “parties” to this Agreement.
RECITALS
(i) WHEREAS, the Mills Act (Government Code Section 50280 et seq.) authorize cities to enter into Agreements with the owners of Qualified Historical Properties to provide for the use, maintenance and restoration of such historical properties so as to retain their characteristics as properties of historical significance; and
(ii) WHEREAS, the City Council of the City of Costa Mesa (hereinafter “City Council”) has approved by resolution the use of such Agreements as an incentive to support the preservation, maintenance, and appropriate rehabilitation of the City's cultural resources; and (iii) WHEREAS, the property that is subject to this Agreement satisfies the requirements under Government Code Section 50280.1 as a Qualified Historical Property in that it is privately owned property which is not exempt from property taxation and is either: ind ividually designated or within a designated district which is listed on the National Register of Historic Places, California Register of Historical Resources, California Historical Landmarks, California Points of Historical Interest, or on the Local Register of Historic Places;
ATTACHMENT 4
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a. Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, commonly known as the ______________________ and located at the street address _______________________________________, Costa Mesa, California ______________ (hereinafter such property shall be referred to as the "Property"), and recorded with the Orange County Clerk -Recorder with the following legal description:______________________________________________________________ b. On ___________________________, ______: (a) the City Council declared the Property a designated cultural resource pursuant to Title 13, Chapter IX, Article 14 of the City’s Municipal Code and is thus listed in the Local Register of Historic Places. (iv) WHEREAS, City and Owner, for their mutual benefits, now desire to enter into this Agreement to prevent inappropriate alterations, to protect , preserve, and maintain the characteristics of historical significance of the Property in an exemplary manner, and to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et seq., Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code.
NOW, THEREFORE, based on the above recitals and the mutual promises and covenants contained herein, the parties agree as follows:
AGREEMENT
1. AGREEMENT SUBJECT TO GOVERNMENT CODE SECTIONS 50280 50290.
This Agreement is made pursuant to California Government Code Sections 50280 through 50290 and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code and is subject to all of the provisions of those statutes. To the extent any of the provisions in this Agreement are inconsistent with the pertinent provisions of the Government and Revenue and Taxation Code, they are superseded by those Code Sections.
2. ASSESSMENT OF VALUATION.
Property tax relief afforded to Owner pursuant to Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code will be determined solely by the Orange County Assessor. City makes no representations regarding the actual tax savings any person may realize by entering into this Agreement.
3. COMMENCEMENT, TERM AND RENEWAL OF AGREEMENT .
A. EFFECTIVE DATE. This Agreement shall be effective and commence on the date it is recorded as first above written (hereinafter referred to as the "Effective Date").
B. TERM. The Agreement shall remain in effect for a term ten (10) years from the effective date unless canceled as provided in Section 8 of this Agreement.
C. AUTOMATIC RENEWAL. On the ten year anniversary of the effective date of this Agreement hereinafter referred to as the "Renewal Date") , and e ach year thereafter, one year shall be added to the term of this Agreement such that the initial term shall automatically be extended for one additional year after the initial 10-year term unless written notice of nonrenewal is given as provided in Section 9 of this Agreement.
4. CONDITIONS, REQUIREMENTS AND AGREEMENTS FOR THE PROPERTY.
During the term of this Agreement, the Property shall be subject to the following conditions, requirements and agreements.
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a. Owner agrees to preserve and maintain the Property and its character defining features.
Character defining features include, but are not necessarily limited to, the general architectural form, style, materials, design, scale, details, mass, roof line and o ther aspects of the appearance of the exterior of the Property.
b. The Secretary of the Interior's Standards for Rehabilitation (the “Secretary’s Standards”) (Exhibit A) and City's minimum maintenance standards (Exhibit B), both attached hereto and incorporated herein by reference, shall constitute the minimum standards and conditions for preservation, restoration, and rehabilitation of the Property, and shall apply to the Property throughout the term of this Agreement. Owner shall, where necessary, restore and rehabilitate the Property to conform to the current rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the Secretary’s Standards, and the City’s minimum maintenance standards. Owner shall utilize the State Historical Building Code when rehabilitating the Property.
c. As consideration for the City to enter into this Agreement, the Owner agrees, at its own cost and expense, to complete, or cause to be completed, the work or improvements described in with the Rehabilitation/Restoration/Maintenance Plan for the Property (Exhibit C), attached hereto and incorporated herein by reference, within the times established in Exhibit C. The Owner shall secure any and all permits which may be required by the City or any other governmental agency affected by the construction of the wo rk or improvements. The Owner accepts responsibility for and shall be responsible for identification of and compliance with all applicable laws pertaining to the construction and installation of the work or improvements described on Exhibit C and the contract or contracts pertaining thereto. The Owner will neither seek to hold nor hold the City liable for, and will hold the City harmless with respect to, any consequences of any failure by the Owner to correctly determine the applicability of any such requirements to any contract he/she/they enter into.
5. PERIODIC EXAMINATION OF PROPERTY.
Owner agrees to allow the periodic examination, by prior appointment, of the interior and exterior of the premises of the Property by representatives of the City, the Orange County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, or their designees, as necessary to determine Owner’s compliance with the terms of this Agreement. Refusal to allow such inspection shall be grounds for cancellation of this Agreement.
6. PAYMENT OF FEES.
Owner agrees to pay any such fees associated with the administration of the Agreement to be established by the City and may be revised from time to time, so long as the fee does not exceed the City’s and County’s reasonable cost of providing the service pu rsuant to this article for which the fee is charged. Fees may include but are not limited to an inspection fee for each required inspection of the Property for the purpose of covering the reasonable cost of performing required periodic inspections.
7. FURNISHING OF INFORMATION OF COMPLIANCE.
Owner hereby agrees to furnish the City with any and all information requested by the City which may be necessary or advisable to determine Owner’s compliance with the terms and provisions of this Agreement.
8. CANCELLATION OF AGREEMENT.
A. CANCELATION BY CITY. City may cancel and/or terminate this Agreement if City determines Owner has breached any of the terms, conditions and/or covenants of this Agreement or has allowed the Property to deteriorate to the point that it no longer meets the standards for a Qualified Historical Property per Government Code Section 50280.1 or if the City determines that the Owner has failed -3-
to maintain, restore or rehabilitate the Property in accordance with the terms, standards and conditions set forth in Exhibit C or any other manner specified in this Agreement. i. NOTICE OF CANCELLATION. This Agreement cannot be canceled until after the City has given notice and has held a public hearing as required by Government Code Section 50285. City shall serve written notice of proposed cancellation on Owner stating the grounds for cancellation and setting a public hearing date on the matter. Notice of the hearing shall also be sent by registered or certified mail to the address stated in this Agreement, the last known address of each owner of the Qualified Historical Property and shall be published pursuant to Government Code Section 6061.
9. NOTICE AND EFFECT OF NONRENEWAL.
If Owner or City desires in any year not to renew this Agreement, such party shall serve written notice of nonrenewal on the other party in advance of the annual renewal date.
A. If served by Owner, notice of nonrenewal must be served on City at least ninety (90) days prior to the annual renewal date. If served by City, notice of renewal must be served on Owner at least sixty (60) days prior to the annual renewal date. Failure to m eet the notice deadlines above will result in one year being automatically added to the term of this Agreement.
B. Within fifteen (15) calendar days of the date of the City’s notice of nonrenewal, Owner may make a written protest to the City. Upon timely receipt of such protest, the City Council shall hold a public hearing on the matter prior to the annual renewal date. At such hearing, Owner may present any information which Owner deems relevant. Based on Owner’s protest and the information presented at the hearing, the City Council may withdraw the City’s notice of nonrenewal at any time prior to the annual renewal date.
C. Any notice of nonrenewal which has not been withdrawn prior to the next annual renewal date, shall be recorded with the Orange County Recorder. Unless this Agreement is otherwise canceled as provided h erein, after notice of nonrenewal has been served and not withdrawn, this Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply.
10. BINDING EFFECT OF AGREEMENT.
The Owner hereby voluntarily subjects the Property hereto to the conditions, requirements and agreements as set forth in this Agreement. City and Owner hereby declare their specific intent that the conditions, requirements and agreements as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Property. Each and every contract, deed or other instrument hereinafter executed, cove ring or conveying t he Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the conditions, requirements and agreements expressed in this Agreement whether or not such conditions, requirements and agreements are set forth in any other contract, deed or other instrument.
City and Owner hereby declare their understanding and intent that the conditions, requirements and agreements set forth herein may burden the Property that the Owner holds legal interest and may therefore render the land less valuable. The City and Owner hereby further declare their understanding and intent that the benefit of such conditions, requirements and agreements touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Property for the benefit of the public and Owner.
A. SUCCESSORS AND ASSIGNS. This Agreement is binding upon and shall inure to the benefit of all successors in interest of the Owner. A successor in interest shall have the same rights and obligations under this Agreement as the original owner who entered into this Agreement. -4-
B. REQUIREMENTS RELATED TO TRANSFER OF PROPERTY. In the event of any sale, transfer, assignment or conveyance of the Property (herein referred to as a "Transfer"), the Owner agrees that, at least thirty (30) days prior to such Transfer, it shall give written notice to the City of such proposed Transfer, including the name(s) of the transferee(s). In addition, the Owner and the proposed transferee(s) shall enter into and deliver to the City through the escrow for the Transfer of the Property an assignment and assumption agreement in a form satisfactory to the City's Attorney or such other evidence as may be satisfactory to the City that the transferee(s) has (have) assumed the Owner's obligations set forth in this Agreement. Upon the Transfer of the Property and the assumption of the obligations hereunder by the transferee(s), the Owner's liability for performance shall be terminated as to any obligation to be performed hereunder after the date of such Transfer.
C. ENFORCEMENT OF AGREEMENT.
In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may institute an action at law or equity to seek specific performance of the terms of this Agreement, or to cure, correct or remedy any breach of the terms of this Agreement, to recover damages for any breach, or to obtain any other remedy consistent with the purpose of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City shall give written notice to Owner specifying the alleged grounds for the default. Said notice shall be given by registered or certified mail addressed to the address stated in this Agreement and to the last known address of the Owner of the Qualified Historic Property. If such violation(s) is not corrected to the reasonable satisfaction of the City within thirty (30) days from the receipt of the notice of violation, or within such longer period of time as specified or agreed to by City, or within such reasonable time a s may be required to cure the bre ach or default as determined by the City , provided that acts to cure, correct or remedy such breach or default are commenced within thirty (30) days and thereafter diligently pursued to completion, then the City may, without further notice, institute legal action.
Except as otherwise expressly stated in this Agreement, the rights and remedies of the City are cumulative, and the exercise by the City of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the Owner. Any failure or delay by the City in asserting any of its right and remedies as to a breach of any of the conditions, requirements or agreements set forth herein shall not ope rate as a waiver of such breach or of any such rights or remedies, or deprive the City of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce such rights or remedies. A waiver by the City of a breach shall not be construed as a waiver of any succeeding breach of the same or other conditions, requirements or agreements set f orth in this Agreement.
11. NOTICE.
Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto in writing.
TO CITY: City of Costa Mesa
Economic and Development Services Department
77 Fair Drive, 2nd Floor
Costa Mesa, CA 92626
Attn:____________
TO OWNER: Name _____________________________________________ Address _____________________________________________
_____________________________________________
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12. GENERAL PROVISIONS.
A. NON-PARTNERSHIP. None of the terms, provisions or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions or conditions cause them to be considered joint venturers or members of any joint enterprise.
B. DEFENSE, INDEMNIFICATION AND HOLD HARMLESS. Owner agrees to and shall hold City and its elected and appointed officials, officers, employees and/or agents harmless from any and all liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of Owner or those of its contractor, subcontractor, agent, employee and/or other person acting on Owners behalf which relate to the use, operation and maint enance of the Property. Owner hereby agrees to and shall defend, with the attorneys of City’s choosing, the City and its elected and appointed officials, officers, employees and /or agents with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of Owner's activities in connection with the Property. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this A greement whether or not the City prepared, supplied or approved the plans, specifications or other documents for the Property.
In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court.
C. REMEDY IF AGREEMENT HELD NOT ENFORCEABLE. All of the conditions, requirements or agreements contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Property, whether by operation of law or in any manner whatsoever.
In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby.
D. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement with the same effect as if all parties had signed the same signature page.
E. NO COMPENSATION. Owner shall not receive any payment from the City in consideration of the obligations imposed under this Agreement. The Owner acknowledges and agrees that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on account of the restrictions on the use and preservation o f the Property.
F. INDEPENDENT ADVICE OF LEGAL COUNSEL. The parties hereto and each of them, represent and declare that in executing this Agreement they rely solely on their own belief, knowledge and judgment, and the advice and recommendations of their own independently selected legal counsel, concerning the nature, duration and extent of their rights and or claims, and that they have not been influenced to any extent whatsoever in executing this Agreement by any of the parties hereto or by any person representing them, of any of them.
G. This Agreement shall be construed and governed in accordance with the laws of the State of California. Venue shall be in a court of competent jurisdiction in Orange County, California. -6-
H. Owner understands that it is Owner’s responsibility to apply for the reassessment of valuation afforded by this Agreement pursuant to Chapter 3, Part 2, of Division 1 of the California Revenue and Taxation Code.
13. RECORDATION OF AGREEMENT.
The City shall record this Agreement with the Orange County Recorder within twenty (20) days of its execution by both parties.
14. ENTIRE AGREEMENT.
This Agreement and the Exhibits attached hereto constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior discussions, negotiations, and agreements whether oral or written.
15. AMENDMENTS.
This Agreement may be amended, in whole or in part, only by a written and recorded instrument executed by the parties hereto.
16. ADMINISTRATION.
This Agreement shall be administered by the City's Director of Economic and Development Services (hereinafter “Director” including his/her designee) following approval of this Agreement by the City. The City shall maintain authority of this Agreement through the Director. The Director shall have the authority to issue interpretations, waive provisions and enter into amendments of this Agreement on behalf of the City so long as such actions do not change the uses permitted on the Property or the purpose of this Agreement, and such amendments may include extensions of time speci fied in Exhibit C. All other waivers or amendments shall require the written approval and consent of the City Council.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURES ON NEXT PAGE)
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17. AUTHORITY TO ENTER AGREEMENT.
This Each person executing this Agreement warrants that they have the authority to enter into this Agreement on behalf of the party for whom they sign.
IN WITNESS WHEREOF, the City and Owner have caused this contract to be duly executed.
“OWNER”
Dated: _____, 20___ By: ______________________________________________________ Owner Signature*
______________________________________________________
Print Name
Dated: _____, 20___ By: ______________________________________________________ Owner Signature*
______________________________________________________
Print Name
“CITY”
CITY OF COSTA MESA, a municipal corporation
Dated: _____, 20___ By: ______________________________________________________ Mayor
ATTEST:
________________________________________
City Clerk City
APPROVED AS TO FORM:
________________________________________
City Attorney
*Approved Recording Signature Method: The contract signature(s) and printed names(s) above MUST BE IDENTICAL to the printed names(s) on the first page of the contract and the Notary Acknowledgement Form. If not, the contract will be rejected by the County Recorder.
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Exhibit A
Secretary’s Standards
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387
National Park Service, Interior § 67.1
DC 20240, under the following cir-
cumstances:
Where the applicant—
(1) Disagrees with the initial decision
of NPS that the property is not likely
to meet the criteria of the National
Historic Landmarks Program and will
not be submitted to the Advisory
Board; or
(2) Disagrees with the decision of the
Secretary that the property does not
meet the criteria of the National His-
toric Landmarks Program.
(b) The Director will respond to the
appellant within 60 days. After review-
ing the appeal the Director may:
(1) Deny the appeal;
(2) Direct that a National Historic
Landmark nomination be prepared and
processed according to the regulations
if this has not yet occurred; or
(3) Resubmit the nomination to the
Secretary for reconsideration and final
decision.
(c) Any person or organization which
supports or opposes the consideration
of a property for National Historic
Landmark designation may submit an
appeal to the Director, NPS, during the
designation process either supporting
or opposing the designation. Such ap-
peals received by the Director before
the study of the property or before its
submission to the National Park Sys-
tem Advisory Board will be considered
by the Director, the Advisory Board
and the Secretary, as appropriate, in
the designation process.
(d) No person shall be considered to
have exhausted administrative rem-
edies with respect to failure to des-
ignate a property a National Historic
Landmark until he or she has complied
with the procedures set forth in this
section.
PART 67—HISTORIC PRESERVATION
CERTIFICATIONS UNDER THE IN-
TERNAL REVENUE CODE
Sec.
67.1 Program authority and function.
67.2 Definitions.
67.3 Introduction to certifications of signifi-
cance and rehabilitation and information
collection.
67.4 Certifications of historic significance.
67.5 Standards for evaluating significance
within registered historic districts.
67.6 Certifications of rehabilitation.
67.7 Standards for rehabilitation.
67.8 Certifications of statutes.
67.9 Certifications of State or local historic
districts.
67.10 Appeals.
67.11 Fees for processing certification re-
quests.
A
UTHORITY: 16 U.S.C. 470a(a)(1)(A); 26
U.S.C. 47 and 170(h).
EDITORIAL NOTE: Nomenclature changes to
part 67 appear at 76 FR 30541, May 26, 2011.
SOURCE: 54 FR 6771, Feb. 26, 1990, unless
otherwise noted.
§ 67.1 Program authority and function.
(a) Section 47 of the Internal Revenue
Code designates the Secretary as the
authority for the issuance of certifi-
cations of historic district statutes and
of State and local historic districts,
certifications of significance, and cer-
tifications of rehabilitation in connec-
tion with certain tax incentives involv-
ing historic preservation. These certifi-
cation responsibilities have been dele-
gated to the National Park Service
(NPS); the following office issues those
certifications: National Park Service,
Washington Area Service Office, Tech-
nical Preservation Services, Heritage
Preservation Services (WASO), 1849 C
Street, NW., Washington, DC 20240.
(b) NPS WASO establishes program
direction and considers appeals of cer-
tification denials. It is the responsi-
bility of owners wishing certifications
to provide sufficient documentation to
the Secretary to make certification de-
cisions. These procedures, upon their
effective date, are applicable to future
and pending certification requests, ex-
cept as otherwise provided herein.
(c) States receiving Historic Preser-
vation Fund grants from the Depart-
ment participate in the review of re-
quests for certification, through rec-
ommendations to the Secretary by the
State Historic Preservation Officer
(SHPO). The SHPO acts on behalf of
the State in this capacity and, there-
fore, the NPS is not responsible for any
actions, errors or omissions of the
SHPO.
(1) Requests for certifications and ap-
provals of proposed rehabilitation work
are sent by an owner first to the appro-
priate SHPO for review. State com-
ments are recorded on National Park
Service Review Sheets (NPS Forms 10–
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388
36 CFR Ch. I (7–1–13 Edition) § 67.2
168 (d) and (e)) and are carefully consid-
ered by the Secretary before a certifi-
cation decision is made. Recommenda-
tions of States with approved State
programs are generally followed, but
by law, all certification decisions are
made by the Secretary, based upon pro-
fessional review of the application and
related information. The decision of
the Secretary may differ from the rec-
ommendation of the SHPO.
(2) A State may choose not to par-
ticipate in the review of certification
requests. States not wishing to partici-
pate in the comment process should no-
tify the Secretary in writing of this
fact. Owners from such nonpartici-
pating States may request certifi-
cations by sending their applications
directly to the appropriate NPS WASO
listed above. In all other situations,
certification requests are sent first to
the appropriate SHPO.
(d) The Internal Revenue Service is
responsible for all procedures, legal de-
terminations, and rules and regula-
tions concerning the tax consequences
of the historic preservation provisions
described in this part. Any certifi-
cation made by the Secretary pursuant
to this part shall not be considered as
binding upon the Internal Revenue
Service or the Secretary of the Treas-
ury with respect to tax consequences
under the Internal Revenue Code. For
example, certifications made by the
Secretary do not constitute determina-
tions that a structure is of the type
subject to the allowance for deprecia-
tion under section 167 of the Code.
[54 FR 6771, Feb. 26, 1990, as amended at 76
FR 30541, May 26, 2011]
§ 67.2 Definitions.
As used in these regulations:
Certified Historic Structure means a
building (and its structural compo-
nents) which is of a character subject
to the allowance for depreciation pro-
vided in section 167 of the Internal Rev-
enue Code of 1986 which is either:
(a) Individually listed in the National
Register; or
(b) Located in a registered historic
district and certified by the Secretary
as being of historic significance to the
district.
Portions of larger buildings, such as
single condominium apartment units,
are no independently considered cer-
tified historic structures. Rowhouses,
even with abutting or party walls, are
considered as separate buildings. For
purposes of the certification decisions
set forth in this part, a certified his-
toric structure encompasses the his-
toric building and its site, landscape
features, and environment, generally
referred to herein as a ‘‘property’’ as
defined below. The NPS decision on
listing a property in the National Reg-
ister of Historic Places, including
boundary determinations, does not
limit the scope of review of the reha-
bilitation project for tax certification
purposes. Such review will include the
entire historic property as it existed
prior to rehabilitation and any related
new construction. For purposes of the
charitable contribution provisions
only, a certified historic structure need
not be depreciable to qualify; may be a
structure other than a building; and
may also be a remnant of a building
such as a facade, if that is all that re-
mains. For purposes of the other reha-
bilitation tax credits under section 47
of the Internal Revenue Code, any
property located in a registered his-
toric district is considered a certified
historic structure so that other reha-
bilitation tax credits are not available;
exemption from this provision can gen-
erally occur only if the Secretary has
determined, prior to the rehabilitation
of the property, that it is not of his-
toric significance to the district.
Certified Rehabilitation means any re-
habilitation of a certified historic
structure which the Secretary has cer-
tified to the Secretary of the Treasury
as being consistent with the historic
character of the certified historic
structure and, where applicable, with
the district in which such structure is
located.
Duly Authorized Representative means
a State or locality’s Chief Elected Offi-
cial or his or her representative who is
authorized to apply for certification of
State/local statutes and historic dis-
tricts.
Historic District means a geographi-
cally definable area, urban or rural,
that possesses a significant concentra-
tion, linkage or continuity of sites,
buildings, structures or objects united
historically or aesthetically by plan or
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389
National Park Service, Interior § 67.3
physical development. A district may
also comprise individual elements sep-
arated geographically during the pe-
riod of significance but linked by asso-
ciation or function.
Inspection means a visit by an au-
thorized representative of the Sec-
retary or a SHPO to a certified historic
structure for the purposes of reviewing
and evaluating the significance of the
structure and the ongoing or completed
rehabilitation work.
National Register of Historic Places
means the National Register of dis-
tricts, sites, buildings, structures, and
objects significant in American his-
tory, architecture, archeology, engi-
neering, and culture that the Secretary
is authorized to expand and maintain
pursuant to section 101(a)(1) of the Na-
tional Historic Preservation Act of
1966, as amended. The procedures of the
National Register appear in 36 CFR
part 60 et seq.
Owner means a person, partnership,
corporation, or public agency holding a
fee-simple interest in a property or any
other person or entity recognized by
the Internal Revenue Code for purposes
of the applicable tax benefits.
Property means a building and its site
and landscape features.
Registered Historic District means any
district listed in the National Register
or any district which is:
(a) Designated under a State or local
statute which has been certified by the
Secretary as containing criteria which
will substantially achieve the purpose
of preserving and rehabilitating build-
ings of significance to the district, and
(b) Certified by the Secretary as
meeting substantially all of the re-
quirements for the listing of districts
in the National Register.
Rehabilitation means the process of
returning a building or buildings to a
state of utility, through repair or al-
teration, which makes possible an effi-
cient use while preserving those por-
tions and features of the building and
its site and environment which are sig-
nificant to its historic, architectural,
and cultural values as determined by
the Secretary.
Standards for Rehabilitation means the
Secretary’s Standards for Rehabilita-
tion set forth in section 67.7 hereof.
State Historic Preservation Officer
means the official within each State
designated by the Governor or a State
statute to act as liaison for purposes of
administering historic preservation
programs within that State.
State or Local Statute means a law of
a State or local government desig-
nating, or providing a method for the
designation of, a historic district or
districts.
[54 FR 6771, Feb. 26, 1990, as amended at 62
FR 30235, June 3, 1997]
§ 67.3 Introduction to certifications of
significance and rehabilitation and
information collection.
(a) Who may apply:
(1) Ordinarily, only the fee simple
owner of the property in question may
apply for the certifications described in
§§ 67.4 and 67.6 hereof. If an application
for an evaluation of significance or re-
habilitation project is made by some-
one other than the fee simple owner,
however, the application must be ac-
companied by a written statement
from the fee simple owner indicating
that he or she is aware of the applica-
tion and has no objection to the re-
quest for certification.
(2) Upon request of a SHPO the Sec-
retary may determine whether or not a
particular property located within a
registered historic district qualifies as
a certified historic structure. The Sec-
retary shall do so, however, only after
notifying the fee simple owner of
record of the request, informing such
owner of the possible tax consequences
of such a decision, and permitting the
property owner a 30-day time period to
submit written comments to the Sec-
retary prior to decision. Such time pe-
riod for comment may be waived by the
fee simple owner.
(3) The Secretary may undertake the
certifications described in §§ 67.4 and
67.6 on his own initiative after noti-
fying the fee simple owner and the
SHPO and allowing a comment period
as specified in § 67.3(a)(2).
(4) Owners of properties which appear
to meet National Register criteria but
are yet listed in the National Register
or which are located within potential
historic districts may request prelimi-
nary determinations from the Sec-
retary as to whether such properties
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390
36 CFR Ch. I (7–1–13 Edition) § 67.3
may qualify as certified historic struc-
tures when and if the properties or the
potential historic districts in which
they are located are listed in the Na-
tional Register. Preliminary deter-
minations may also be requested for
properties outside the period or area of
significance of registered historic dis-
tricts as specified in § 67.5(c). Proce-
dures for obtaining these determina-
tions shall be the same as those de-
scribed in § 67.4. Such determinations
are preliminary only and are not bind-
ing on the Secretary. Preliminary de-
terminations of significance will be-
come final as of the date of the listing
of the individual property or district in
the National Register. For properties
outside the period or area of signifi-
cance of a registered historic district,
preliminary determinations of signifi-
cance will become final, except as pro-
vided below, when the district docu-
mentation on file with the NPS is for-
mally amended. If during review of a
request for certification of rehabilita-
tion, it is determined that the property
does not contribute to the significance
of the district because of changes
which occurred after the preliminary
determination of significance was
made, certified historic structure des-
ignation will be denied.
(5) Owners of properties not yet des-
ignated certified historic structures
may obtain determinations from the
Secretary on whether or not rehabilita-
tion proposals meet the Secretary’s
Standards for Rehabilitation. Such de-
terminations will be made only when
the owner has requested a preliminary
determination of the significance of
the property as described in paragraph
(a)(4) of this section and such request
for determination has been acted upon
by the NPS. Final certifications of re-
habilitation will be issued only to own-
ers of certified historic structures. Pro-
cedures for obtaining these determina-
tions shall be the same as those de-
scribed in sec. 67.6.
(b) How to apply:
(1) Requests for certifications of his-
toric significance and of rehabilitation
shall be made on Historic Preservation
Certification Applications (NPS Form
No. 10–168). Normally, two copies of the
application are required; one to be re-
tained by the SHPO and the other to be
forwarded to the NPS. The information
collection requirements contained in
the application and in this part have
been approved by the Office of Manage-
ment and Budget under 44 U.S.C. 3507
and assigned clearance number 1024–
0009. Part 1 of the application shall be
used in requesting a certification of
historic significance or nonsignificance
and preliminary determinations, while
part 2 of the application shall be used
in requesting an evaluation of a pro-
posed rehabilitation project or, in con-
junction with a Request for Certifi-
cation of Completed Work, a certifi-
cation of a completed rehabilitation
project. Information contained in the
application is required to obtain a ben-
efit. Public reporting burden for this
form is estimated to average 2.5 hours
per response including the time for re-
viewing instructions, gathering and
maintaining data, and completing and
reviewing the form. Direct comments
regarding this burden estimate or any
aspect of this form may be made to the
Chief, Administrative Services Divi-
sion, National Park Service, P.O. Box
37127, Washington, DC 20013–7127 and to
the Office of Management and Budget,
Paperwork Reduction Project Number
1024–0009, Washington, DC 20503.
(2) Application forms are available
from NPS WASO or the SHPOs.
(3) Requests for certifications, pre-
liminary determinations, and approv-
als of proposed rehabilitation projects
shall be sent to the SHPO in partici-
pating States. Requests in nonpartici-
pating States shall be sent directly to
the appropriate NPS WASO.
(4) Generally reviews of certification
requests are concluded within 60 days
of receipt of a complete, adequately
documented application, as defined
§ 67.4 and § 67.6 (30 days at the State
level and 30 days at the Federal level).
Where a State has chosen not to par-
ticipate in the review process, review
by the NPS generally is concluded
within 60 days of receipt of a complete,
adequately documented application.
Where adequate documentation is not
provided, the owner will be notified of
the additional information needed to
undertake or complete review. The
time periods in this part are based on
the receipt of a complete application;
they will be adhered to as closely as
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391
National Park Service, Interior § 67.4
possible and are defined as calendar
days. They are not, however, consid-
ered to be mandatory, and the failure
to complete review within the des-
ignated periods does not waive or alter
any certification requirement.
(5) Approval of applications and
amendments to applications is con-
veyed only in writing by duly author-
ized officials of the NPS acting on be-
half of the Secretary. Decisions with
respect to certifications are made on
the basis of the descriptions contained
in the application form and other
available information. In the event of
any discrepancy between the applica-
tion form and other, supplementary
material submitted with it (such as ar-
chitectural plans, drawings, specifica-
tions, etc.), the applicant shall be re-
quested to resolve the discrepancy in
writing. In the event the discrepancy is
not resolved, the description in the ap-
plication form shall take precedence.
Falsification of factual representations
in the application is subject to crimi-
nal sanctions of up to $10,000 in fines or
imprisonment for up to five years pur-
suant to 18 U.S.C. 1001.
(6) It is the owner’s responsibility to
notify the Secretary if application re-
views are not completed within the
time periods specified above. The Sec-
retary in turn will consult with the ap-
propriate office to ensure that the re-
view is completed in as timely manner
as possible in the circumstances.
(7) Although certifications of signifi-
cance and rehabilitation are discussed
separately below, owners must submit
part 1 of the Historic Preservation Cer-
tification Application prior to, or with,
part 2. Part 2 of the application will
not be processed until an adequately
documented part 1 is on file and acted
upon unless the property is already a
certified historic structure. Reviews of
rehabilitation projects will also not be
undertaken if the owner has objected
to the listing of the property in the Na-
tional Register.
§ 67.4 Certifications of historic signifi-
cance.
(a) Requests for certifications of his-
toric significance should be made by
the owner to determine—
(1) That a property located within a
registered historic district is of his-
toric significance to such district; or
(2) That a property located within a
registered historic district is not of
historic significance to such district;
or
(3) That a property not yet on the
National Register appears to meet Na-
tional Register criteria; or
(4) That a property located within a
potential historic district appears to
contribute to the significance of such
district.
(b) To determine whether or not a
property is individually listed or is
part of a district in the National Reg-
ister, the owner may consult the list-
ing of National Register properties in
the F
EDERAL REGISTER (found in most
large libraries), or contact the appro-
priate SHPO for current information.
(c) If a property is located within the
boundaries of a registered historic dis-
trict and the owner wishes the Sec-
retary to certify whether the property
contributes or does not contribute to
the historic significance of the district
or if the owner is requesting a prelimi-
nary determination of significance in
accordance with § 67.3(a)(4), the owner
must complete part 1 of the Historic
Preservation Certification Application
according to instructions accom-
panying the application. Such docu-
mentation includes but is not limited
to:
(1) Name and mailing address of
owner;
(2) Name and address of property;
(3) Name of historic district;
(4) Current photographs of property;
photographs of the building and its site
and landscape features prior to alter-
ation if rehabilitation has been com-
pleted; photograph(s) showing the prop-
erty along with adjacent properties and
structures on the street; and photo-
graphs of interior features and spaces
adequate to document significance;
(5) Brief description of appearance in-
cluding alterations, distinctive fea-
tures and spaces, and date(s) of con-
struction;
(6) Brief statement of significance
summarizing how the property does or
does not reflect the values that give
the district its distinctive historical
and visual character, and explaining
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392
36 CFR Ch. I (7–1–13 Edition) § 67.4
any significance attached to the prop-
erty itself (i.e., unusual building tech-
niques, important event that took
place there, etc.).
(7) Sketch map clearly delineating
property’s location within the district;
and
(8) Signature of fee simple owner re-
questing or concurring in a request for
evaluation.
(d) If a property is individually listed
in the National Register, it is generally
considered a certified historic struc-
ture and no further certification is re-
quired. More specific considerations in
this regard are as follows:
(1) If the property is individually list-
ed in the National Register and the
owner believes it has lost the charac-
teristics which caused it to be nomi-
nated and therefore wishes it delisted,
the owner should refer to the delisting
procedures outlined in 36 CFR part 60.
(2) Some properties individually list-
ed in the National Register include
more than one building. In such cases,
the owner must submit a single part 1
application, as described in paragraph
(c) of this section, which includes de-
scriptions of all the buildings within
the listing. The Secretary will utilize
the Standards for Evaluating Signifi-
cance within Registered Historic Dis-
tricts (§ 67.5) for the purpose of deter-
mining which of the buildings included
within the listing are of historic sig-
nificance to the property. The require-
ments of this paragraph are applicable
to certification requests received by
the SHPOs (and the NPS WASO in the
case of nonparticipating States only)
upon the effective date of these regula-
tions.
(e) Properties containing more than
one building where the buildings are
judged by the Secretary to have been
functionally related historically to
serve an overall purpose, such as a mill
complex or a residence and carriage
house, will be treated as a single cer-
tified historic structure, whether the
property is individually listed in the
National Register or is located within
a registered historic district, when re-
habilitated as part of an overall
project. Buildings that are functionally
related historically are those which
have functioned together to serve an
overall purpose during the property’s
period of significance. In the case of a
property within a registered historic
district which contains more than one
building where the buildings are judged
to be functionally related historically,
an evaluation will be made to deter-
mine whether the component buildings
contribute to the historic significance
of the property and whether the prop-
erty contributes to the significance of
the historic district as in § 67.4(i). For
questions concerning demolition of
separate structures as part of an over-
all rehabilitation project, see §
67.6. (f) Applications for preliminary de-
terminations for individual listing
must show how the property individ-
ually meets the National Register Cri-
teria for Evaluation. An application for
a property located in a potential his-
toric district must document how the
district meets the criteria and how the
property contributes to the signifi-
cance of that district. An application
for a preliminary determination for a
property in a registered historic dis-
trict which is outside the period or
area of significance in the district doc-
umentation on file with the NPS must
document and justify the expanded sig-
nificance of the district and how the
property contributes to the signifi-
cance of the district or document the
individual significance of the property.
Applications must contain substan-
tially the same level of documentation
as National Register nominations, as
specified in 36 CFR part 60 and Na-
tional Register Bulletin 16, ‘‘Guidelines
for Completing National Register of
Historic Places Forms’’ (available from
SHPOs and NPS WASO). Applications
must also include written assurance
from the SHPO that the district nomi-
nation is being revised to expand its
significance or, for certified districts,
written assurance from the duly au-
thorized representative that the dis-
trict documentation is being revised to
expand its significance, or that the
SHPO is planning to nominate the
property or the district. Owners should
understand that confirmation of intent
to nominate by a SHPO does not con-
stitute listing in the National Register,
nor does it constitute a certification of
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393
National Park Service, Interior § 67.4
significance as required by law for Fed-
eral tax incentives. Owners should fur-
ther understand that they are pro-
ceeding at their own risk. If the prop-
erty or district is not listed in the Na-
tional Register for procedural, sub-
stantive or other reasons; if the dis-
trict documentation is not formally
amended; or if the significance of the
property has been lost as a result of al-
terations or damage, these preliminary
determinations of significance will not
become final. The SHPO must nomi-
nate the property or the district or the
SHPO for National Register districts
and the duly authorized representative
in the case of certified districts must
submit documentation and have it ap-
proved by the NPS to amend the Na-
tional Register nomination or certified
district or the property or district
must be listed before the preliminary
certification of significance can be-
come final.
(g) For purposes of the other rehabili-
tation tax credits under section 47 of
the Internal Revenue Code, properties
within registered historic districts are
presumed to contribute to the signifi-
cance of such districts unless certified
as nonsignificant by the Secretary.
Owners of non-historic properties with-
in registered historic districts, there-
fore, must obtain a certification of
nonsignificance in order to qualify for
those investment tax credits. If an
owner begins or completes a substan-
tial rehabilitation (as defined by the
Internal Revenue Service) of a property
in a registered historic district without
knowledge of requirements for certifi-
cation of nonsignificance, he or she
may request certification that the
property was not of historic signifi-
cance to the district prior to substan-
tial rehabilitation in the same manner
as stated in paragraph (c) of this sec-
tion. The owner should be aware, how-
ever, that the taxpayer must certify to
the Secretary of the Treasury that, at
the beginning of such substantial reha-
bilitation, he or she in good faith was
not aware of the certification require-
ment by the Secretary of the Interior.
(h) The Secretary discourages the
moving of historic buildings from their
original sites. However, if a building is
to be moved as part of a rehabilitation
for which certification is sought, the
owner must follow different procedures
depending on whether the building is
individually listed in the National Reg-
ister or is within a registered historic
district. When a building is moved,
every effort should be made to re-es-
tablish its historic orientation, imme-
diate setting, and general environment.
Moving a building may result in re-
moval of the property from the Na-
tional Register or, for buildings within
a registered historic district, denial or
revocation of a certification of signifi-
cance; consequently, a moved building
may, in certain circumstances, be in-
eligible for rehabilitation certification.
(1) Documentation must be sub-
mitted that demonstrates:
(i) The effect of the move on the
building’s integrity and appearance
(any proposed demolition, proposed
changes in foundations, etc.);
(ii) Photographs of the site and gen-
eral environment of the proposed site;
(iii) Evidence that the proposed site
does not possess historical significance
that would be adversely affected by the
moved building;
(iv) The effect of the move on the dis-
tinctive historical and visual character
of the district, where applicable; and
(v)
The method to be used for moving
the building.
(2) For buildings individually listed
in the National Register, the proce-
dures contained in 36 CFR part 60 must
be followed prior to the move, or the
building will be removed from the Na-
tional Register, will not be considered
a certified historic structure, and will
have to be renominated for listing. The
owner may submit a part 1 application
in order to receive a preliminary deter-
mination from the NPS of whether a
move will cause the property to be re-
moved from the National Register.
However, preliminary approval of such
a part 1 application does not satisfy
the requirements of 36 CFR part 60. The
SHPO must follow the remaining pro-
cedures in that regulation so that the
NPS can determine that the moved
building will remain listed in the Na-
tional Register and retain its status as
a certified historic structure.
(3) If an owner moves (or proposes to
move) a building into a registered his-
toric district or moves (or proposes to
move) a building elsewhere within a
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394
36 CFR Ch. I (7–1–13 Edition) § 67.5
registered historic district, a part 1 ap-
plication containing the required infor-
mation described in paragraph (h)(1) of
this section must be submitted. The
building to be moved will be evaluated
to determine if it contributes to the
historic significance of the district
both before and after the move as in
§ 67.4(i).
(i) Properties within registered his-
toric districts will be evaluated to de-
termine if they contribute to the his-
toric significance of the district by ap-
plication of the Secretary’s Standards
for Evaluating Significance within
Registered Historic Districts as set
forth in § 67.5.
(j) Once the significance of a prop-
erty located within a registered his-
toric district or a potential historic
district has been determined by the
Secretary, written notification will be
sent to the owner and the SHPO in the
form of a certification of significance
or nonsignificance.
(k) Owners shall report to the Sec-
retary through the SHPO any substan-
tial damage, alteration or changes to a
property that occurs after issuance of a
certification of significance and prior
to a final certification of rehabilita-
tion. The Secretary may withdraw a
certification of significance, upon thir-
ty days notice to the owner, if a prop-
erty has been damaged, altered or
changed effective as of the date of the
occurrence. The property may also be
removed from the National Register, in
accordance with the procedures in 36
CFR part 60. A revocation of certifi-
cation of significance pursuant to this
part may be appealed under § 67.10. For
damage, alteration or changes caused
by unacceptable rehabilitation work,
see § 67.6(f).
[54 FR 6771, Feb. 26, 1990, as amended at 76
FR 30541, May 26, 2011]
§ 67.5 Standards for evaluating signifi-
cance within registered historic dis-
tricts.
(a) Properties located within reg-
istered historic districts are reviewed
by the Secretary to determine if they
contribute to the historic significance
of the district by applying the fol-
lowing Standards for Evaluating Sig-
nificance within Registered Historic
Districts.
(1) A building contributing to the his-
toric significance of a district is one
which by location, design, setting, ma-
terials, workmanship, feeling and asso-
ciation adds to the district’s sense of
time and place and historical develop-
ment.
(2) A building not contributing to the
historic significance of a district is one
which does not add to the district’s
sense of time and place and historical
development; or one where the loca-
tion, design, setting, materials, work-
manship, feeling and association have
been so altered or have so deteriorated
that the overall integrity of the build-
ing has been irretrievably lost.
(3) Ordinarily buildings that have
been built within the past 50 years
shall not be considered to contribute to
the significance of a district unless a
strong justification concerning their
historical or architectural merit is
given or the historical attributes of the
district are considered to be less than
50 years old.
(b) A condemnation order may be
presented as evidence of physical dete-
rioration of a building but will not of
itself be considered sufficient evidence
to warrant certification of nonsignifi-
cance for loss of integrity. In certain
cases it may be necessary for the owner
to submit a structural engineer’s re-
port to help substantiate physical dete-
rioration and/or structural damage.
Guidance on preparing a structural en-
gineer’s report is available from the
appropriate SHPO or NPS WASO.
(c) Some properties listed in the Na-
tional Register, primarily districts, are
resources whose concentration or con-
tinuity possesses greater historical sig-
nificance than many of their individual
component buildings and structures.
These usually are documented as a
group rather than individually. Accord-
ingly, this type of National Register
documentation is not conclusive for
the purposes of this part and must be
supplemented with information on the
significance of the specific property.
Certifications of significance and non-
significance will be made on the basis
of the application documentation, ex-
isting National Register documenta-
tion, and other available information
as needed. The Keeper may amend the
National Register documentation by
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395
National Park Service, Interior § 67.6
issuing a supplementary record if the
application material warrants such an
amendment. If a certification request
is received for a property which is not
yet listed on the National Register or
which is outside a district’s established
period or area of significance, a pre-
liminary determination of significance
will be issued only if the request in-
cludes adequate documentation and if
there is written assurance from the
SHPO that the SHPO plans to nomi-
nate the property or district or that
the district nomination in question is
being revised to expand its significance
or for certified districts, written assur-
ance from the duly authorized rep-
resentative that the district docu-
mentation is being revised to expand
the significance. Certifications will be-
come final when the property or dis-
trict is listed or when the district doc-
umentation is officially amended un-
less the significance of the property
has been lost as a result of alteration
or damage. For procedures on amend-
ing listings to the National Register
and additional information on the use
of National Register documentation
and the supplementary record which is
contained in National Register Bul-
letin 19, ‘‘Policies and Procedures for
Processing National Register Nomina-
tions,’’ consult the appropriate SHPO
or NPS WASO.
(d) Where rehabilitation credits are
sought, certifications of significance
will be made on the appearance and
condition of the property before reha-
bilitation was begun.
(e) If a nonhistoric surface material
obscures a facade, it may be necessary
for the owner to remove a portion of
the surface material prior to request-
ing certification so that a determina-
tion of significance or nonsignificance
can be made. After the material has
been removed, if the obscured facade
has retained substantial historic integ-
rity and the property otherwise con-
tributes to the historic district, it will
be determined to be a certified historic
structure. However, if the obscuring
material remains when a determina-
tion of nonsignificance is requested
under § 67.4(a)(2), the property will be
presumed to contribute to the historic
significance of the district, if otherwise
qualified, and, therefore, not eligible
for the other tax credits under section
47 of the Internal Revenue Code.
(f) Additional guidance on certifi-
cations of historic significance is avail-
able from SHPOs and NPS WASO.
§ 67.6 Certifications of rehabilitation.
(a) Owners who want rehabilitation
projects for certified historic struc-
tures to be certified by the Secretary
as being consistent with the historic
character of the structure, and, where
applicable, the district in which the
structure is located, thus qualifying as
a certified rehabilitation, shall comply
with the procedures listed below. A fee,
as described in § 67.11, for reviewing all
proposed, ongoing, or completed reha-
bilitation work is charged by the Sec-
retary. No certification decisions will
be issued on any application until the
appropriate remittance is received.
(1) To initiate review of a rehabilita-
tion project for certification purposes,
an owner must complete part 2 of the
Historic Preservation Certification Ap-
plication according to instructions ac-
companying the application. These in-
structions explain in detail the docu-
mentation required for certification of
a rehabilitation project. The applica-
tion may describe a proposed rehabili-
tation project, a project in progress, or
a completed project. In all cases, docu-
mentation, including photographs ade-
quate to document the appearance of
the structure(s), both on the exterior
and on the interior, and its site and en-
vironment prior to rehabilitation must
accompany the application. The social
security or taxpayer identification
number(s) of all owners must be pro-
vided in the application. Other docu-
mentation, such as window surveys or
cleaning specifications, may be re-
quired by reviewing officials to evalu-
ate certain rehabilitation projects.
Plans for any attached, adjacent, or re-
lated new construction must also ac-
company the application. Where nec-
essary documentation is not provided,
review and evaluation may not be com-
pleted and a denial of certification will
be issued on the basis of lack of infor-
mation. Owners are strongly encour-
aged to submit part 2 of the application
prior to undertaking any rehabilitation
work. Owners who undertake rehabili-
tation projects without prior approval
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396
36 CFR Ch. I (7–1–13 Edition) § 67.6
from the Secretary do so strictly at
their own risk. Because the cir-
cumstances of each rehabilitation
project are unique to the particular
certified historic structure involved,
certifications that may have been
granted to other rehabilitations are
not specifically applicable and may not
be relied on by owners as applicable to
other projects.
(2) A project does not become a cer-
tified rehabilitation until it is com-
pleted and so designated by the NPS. A
determination that the completed re-
habilitation of a property not yet des-
ignated a certified historic structure
meets the Secretary’s Standards for
Rehabilitation does not constitute a
certification of rehabilitation. When
requesting certification of a completed
rehabilitation project, the owner shall
submit a Request for Certification of
Completed Work (NPS Form 10–168c)
and provide the project completion
date and a signed statement that the
completed rehabilitation project meets
the Secretary’s Standards for Rehabili-
tation and is consistent with the work
described in part 2 of the Historic Pres-
ervation Certification Application.
Also required in requesting certifi-
cation of a completed rehabilitation
project are costs attributed to the re-
habilitation, photographs adequate to
document the completed rehabilita-
tion, and the social security or tax-
payer identification number(s) of all
owners.
(b) A rehabilitation project for cer-
tification purposes encompasses all
work on the interior and exterior of
the certified historic structure(s) and
its site and environment, as deter-
mined by the Secretary, as well as re-
lated demolition, new construction or
rehabilitation work which may affect
the historic qualities, integrity or site,
landscape features, and environment of
the certified historic structure(s). More
specific considerations in this regard
are as follows:
(1) All elements of the rehabilitation
project must meet the Secretary’s ten
Standards for Rehabilitation (§ 67.7);
portions of the rehabilitation project
not in conformance with the Standards
may not be exempted. In general, an
owner undertaking a rehabilitation
project will not be held responsible for
prior rehabilitation work not part of
the current project, or rehabilitation
work that was undertaken by previous
owners or third parties.
(2) However, if the Secretary con-
siders or has reason to consider that a
project submitted for certification does
not include the entire rehabilitation
project subject to review hereunder,
the Secretary may choose to deny a re-
habilitation certification or to with-
hold a decision on such a certification
until such time as the Internal Rev-
enue Service, through a private letter
ruling, has determined, pursuant to
these regulations and applicable provi-
sions of the Internal Revenue Code and
income tax regulations, the proper
scope of the rehabilitation project to
be reviewed by the Secretary. Factors
to be taken into account by the Sec-
retary and the Internal Revenue Serv-
ice in this regard include, but are not
limited to, the facts and circumstance
of each application and (i) whether pre-
vious demolition, construction or reha-
bilitation work irrespective of owner-
ship or control at the time was in fact
undertaken as part of the rehabilita-
tion project for which certification is
sought, and (ii) whether property con-
veyances, reconfigurations, ostensible
ownership transfers or other trans-
actions were transactions which pur-
portedly limit the scope of a rehabili-
tation project for the purpose of review
by the Secretary without substantially
altering beneficial ownership or con-
trol of the property. The fact that a
property may still qualify as a cer-
tified historic structure after having
undergone inappropriate rehabilita-
tion, construction or demolition work
does not preclude the Secretary or the
Internal Revenue Service from deter-
mining that such inappropriate work is
part of the rehabilitation project to be
reviewed by the Secretary.
(3) Conformance to the Standards
will be determined on the basis of the
application documentation and other
available information by evaluating
the property as it existed prior to the
commencement of the rehabilitation
project, regardless of when the prop-
erty becomes or became a certified his-
toric structure.
(4) For rehabilitation projects involv-
ing more than one certified historic
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397
National Park Service, Interior § 67.6
structure where the structures are
judged by the Secretary to have been
functionally related historically to
serve an overall purpose, such as a mill
complex or a residence and carriage
house, rehabilitation certification will
be issued on the merits of the overall
project rather than for each structure
or individual component. For rehabili-
tation projects where there is no his-
toric functional relationship among
the structures, the certification deci-
sion will be made for each separate cer-
tified historic structure regardless of
how they are grouped for ownership or
development purposes.
(5) Demolition of a building as part of
a rehabilitation project involving mul-
tiple buildings may result in denial of
certification of the rehabilitation. In
projects where there is no historic
functional relationship among the
structures being rehabilitated, related
new construction which physically ex-
pands one certified historic structure
undergoing rehabilitation and, there-
fore, directly causes the demolition of
an adjacent structure will generally re-
sult in denial of certification of the re-
habilitation unless a determination has
been made that the building to be de-
molished is not a certified historic
structure as in § 67.4(a). In rehabilita-
tion projects where the structures have
been determined to be functionally re-
lated historically, demolition of a com-
ponent may be approved, in limited cir-
cumstances, when:
(i) The component is outside the pe-
riod of significance of the property, or
(ii) The component is so deteriorated
or altered that its integrity has been
irretrievably lost; or
(iii) The component is a secondary
one that generally lacks historic, engi-
neering, or architectural significance
or does not occupy a major portion of
the site and persuasive evidence is
present to show that retention of the
component is not technically or eco-
nomically feasible.
(6) In situations involving rehabilita-
tion of a certified historic structure in
a historic district, the Secretary will
review the rehabilitation project first
as it affects the certified historic
structure and second as it affects the
district and make a certification deci-
sion accordingly.
(7) In the event that an owner of a
portion of a certified historic structure
requests certification for a rehabilita-
tion project related only to that por-
tion, but there is or was a larger re-
lated rehabilitation project(s) occur-
ring with respect to the certified his-
toric structure, the Secretary’s deci-
sion on the requested certification will
be based on review of the overall reha-
bilitation project(s) for the certified
historic structure.
(8) For rehabilitation projects which
are to be completed in phases over the
alternate 60-month period allowed in
section 47 of the Internal Revenue
Code, the initial part 2 application and
supporting architectural plans and
specifications should identify the
project as a 60-month phased project
and describe the number and order of
the phases and the general scope of the
overall rehabilitation project. If the
initial part 2 application clearly identi-
fies the project as a phased rehabilita-
tion, the NPS will consider the project
in all its phases as a single rehabilita-
tion. If complete information on the re-
habilitation work of the later phases is
not described in the initial part 2 appli-
cation, it may be submitted at a later
date but must be clearly identified as a
later phase of a 60-month phased
project that was previously submitted
for review. Owners are cautioned that
work undertaken in a later phase of a
60-month phased project that does not
meet the Standards for Rehabilitation,
whether or not submitted for review,
will result in a denial of certification
of the entire rehabilitation with the
tax consequences of such a denial to be
determined by the Secretary of the
Treasury. Separate certifications for
portions of phased rehabilitation
projects will not be issued. Rather the
owner will be directed to comply with
Internal Revenue Service regulations
governing late certifications contained
in 26 CFR 1.48–12.
(c) Upon receipt of the complete ap-
plication describing the rehabilitation
project, the Secretary shall determine
if the project is consistent with the
Standards for Rehabilitation. If the
project does not meet the Standards
for Rehabilitation, the owner shall be
advised of that fact in writing and,
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398
36 CFR Ch. I (7–1–13 Edition) § 67.7
where possible, will be advised of nec-
essary revisions to meet such Stand-
ards. For additional procedures regard-
ing rehabilitation projects determined
not to meet the Standards for Rehabili-
tation, see § 67.6(f).
(d) Once a proposed or ongoing
project has been approved, substantive
changes in the work as described in the
application must be brought promptly
to the attention of the Secretary by
written statement through the SHPO
to ensure continued conformance to
the Standards; such changes should be
made using a Historic Preservation
Certification Application Continu-
ation/Amendment Sheet (NPS Form 10–
168b). The Secretary will notify the
owner and the SHPO in writing wheth-
er the revised project continues to
meet the Standards. Oral approvals of
revisions are not authorized or valid.
(e) Completed projects may be in-
spected by an authorized representa-
tive of the Secretary to determine if
the work meets the Standards for Re-
habilitation. The Secretary reserves
the right to make inspections at any
time up to five years after completion
of the rehabilitation and to revoke a
certification, after giving the owner 30
days to comment on the matter, if it is
determined that the rehabilitation
project was not undertaken as rep-
resented by the owner in his or her ap-
plication and supporting documenta-
tion, or the owner, upon obtaining cer-
tification, undertook further unap-
proved project work inconsistent with
the Secretary’s Standards for Rehabili-
tation. The tax consequences of a rev-
ocation of certification will be deter-
mined by the Secretary of the Treas-
ury.
(f) If a proposed, ongoing, or com-
pleted rehabilitation project does not
meet the Standards for Rehabilitation,
an explanatory letter will be sent to
the owner with a copy to the SHPO. A
rehabilitated property not in conform-
ance with the Standards for Rehabili-
tation and which is determined to have
lost those qualities which caused it to
be nominated to the National Register,
will be removed from the National Reg-
ister in accord with Department of the
Interior regulations 36 CFR part 60.
Similarly, if a property has lost those
qualities which caused it to be des-
ignated a certified historic structure,
it will be certified as noncontributing
(see § 67.4 and § 67.5). In either case, the
delisting or certification of nonsignifi-
cance is considered effective as of the
date of issue and is not considered to
be retroactive. In these situations, the
Internal Revenue Service will be noti-
fied of the substantial alterations. The
tax consequences of a denial of certifi-
cation will be determined by the Sec-
retary of the Treasury.
§ 67.7 Standards for rehabilitation.
(a) The following Standards for Reha-
bilitation are the criteria used to de-
termine if a rehabilitation project
qualifies as a certified rehabilitation.
The intent of the Standards is to assist
the long-term preservation of a prop-
erty’s significance through the preser-
vation of historic materials and fea-
tures. The Standards pertain to his-
toric buildings of all materials, con-
struction types, sizes, and occupancy
and encompass the exterior and the in-
terior of historic buildings. The Stand-
ards also encompass related landscape
features and the building’s site and en-
vironment, as well as attached, adja-
cent, or related new construction. To
be certified, a rehabilitation project
must be determined by the Secretary
to be consistent with the historic char-
acter of the structure(s) and, where ap-
plicable, the district in which it is lo-
cated.
(b) The following Standards are to be
applied to specific rehabilitation
projects in a reasonable manner, tak-
ing into consideration economic and
technical feasibility. (The application
of these Standards to rehabilitation
projects is to be the same as under the
previous version so that a project pre-
viously acceptable would continue to
be acceptable under these Standards.)
(1) A property shall be used for its
historic purpose or be placed in a new
use that requires minimal change to
the defining characteristics of the
building and its site and environment.
(2) The historic character of a prop-
erty shall be retained and preserved.
The removal of historic materials or
alteration of features and spaces that
characterize a property shall be avoid-
ed.
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399
National Park Service, Interior § 67.7
(3) Each property shall be recognized
as a physical record of its time, place,
and use. Changes that create a false
sense of historical development, such
as adding conjectural features or archi-
tectural elements from other buildings,
shall not be undertaken.
(4) Most properties change over time;
those changes that have acquired his-
toric significance in their own right
shall be retained and preserved.
(5) Distinctive features, finishes, and
construction techniques or examples of
craftsmanship that characterize a his-
toric property shall be preserved.
(6) Deteriorated historic features
shall be repaired rather than replaced.
Where the severity of deterioration re-
quires replacement of a distinctive fea-
ture, the new feature shall match the
old in design, color, texture, and other
visual qualities and, where possible,
materials. Replacement of missing fea-
tures shall be substantiated by docu-
mentary, physical, or pictorial evi-
dence.
(7) Chemical or physical treatments,
such as sandblasting, that cause dam-
age to historic materials shall not be
used. The surface cleaning of struc-
tures, if appropriate, shall be under-
taken using the gentlest means pos-
sible.
(8) Significant archeological re-
sources affected by a project shall be
protected and preserved. If such re-
sources must be disturbed, mitigation
measures shall be undertaken.
(9) New additions, exterior alter-
ations, or related new construction
shall not destroy historic materials
that characterize the property. The
new work shall be differentiated from
the old and shall be compatible with
the massing, size, scale, and architec-
tural features to protect the historic
integrity of the property and its envi-
ronment.
(10) New additions and adjacent or re-
lated new construction shall be under-
taken in such a manner that if re-
moved in the future, the essential form
and integrity of the historic property
and its environment would be
unimpaired.
(c) The quality of materials and
craftsmanship used in a rehabilitation
project must be commensurate with
the quality of materials and craftsman-
ship of the historic building in ques-
tion. Certain treatments, if improperly
applied, or certain materials by their
physical properties, may cause or ac-
celerate physical deterioration of his-
toric buildings. Inappropriate physical
treatments include, but are not limited
to: improper repointing techniques; im-
proper exterior masonry cleaning
methods; or improper introduction of
insulation where damage to historic
fabric would result. In almost all situa-
tions, use of these materials and treat-
ments will result in denial of certifi-
cation. Similarly, exterior additions
that duplicate the form, material, and
detailing of the structure to the extent
that they compromise the historic
character of the structure will result in
denial of certification. For further in-
formation on appropriate and inappro-
priate rehabilitation treatments, own-
ers are to consult the Guidelines for
Rehabilitating Historic Buildings pub-
lished by the NPS. ‘‘Preservation
Briefs’’ and additional technical infor-
mation to help property owners formu-
late plans for the rehabilitation, pres-
ervation, and continued use of historic
properties consistent with the intent of
the Secretary’s Standards for Rehabili-
tation are available from the SHPOs
and NPS WASO. Owners are respon-
sible for procuring this material as
part of property planning for a cer-
tified rehabilitation.
(d) In certain limited cases, it may be
necessary to dismantle and rebuild por-
tions of a certified historic structure to
stabilize and repair weakened struc-
tural members and systems. In such
cases, the Secretary will consider such
extreme intervention as part of a cer-
tified rehabilitation if:
(1) The necessity for dismantling is
justified in supporting documentation;
(2) Significant architectural features
and overall design are retained; and
(3) Adequate historic materials are
retained to maintain the architectural
and historic integrity of the overall
structure.
Section 47 of the Internal Revenue
Code of 1986 exempts certified historic
structures from meeting the physical
test for retention of external walls and
internal structural framework speci-
fied therein for other rehabilitated
buildings. Nevertheless, owners are
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400
36 CFR Ch. I (7–1–13 Edition) § 67.8
cautioned that the Standards for Reha-
bilitation require retention of distin-
guishing historic materials of external
and internal walls as well as structural
systems. In limited instances, rehabili-
tations involving removal of existing
external walls, i.e., external walls that
detract from the historic character of
the structure such as in the case of a
nonsignificant later addition or walls
that have lost their structural integ-
rity due to deterioration, may be cer-
tified as meeting the Standards for Re-
habilitation.
(e) Prior approval of a project by
Federal, State, and local agencies and
organizations does not ensure certifi-
cation by the Secretary for Federal tax
purposes. The Secretary’s Standards
for Rehabilitation take precedence
over other regulations and codes in de-
termining whether the rehabilitation
project is consistent with the historic
character of the property and, where
applicable, the district in which it is
located.
(f) The qualities of a property and its
environment which qualify it as a cer-
tified historic structure are determined
taking into account all available infor-
mation, including information derived
from the physical and architectural at-
tributes of the building; such deter-
minations are not limited to informa-
tion contained in National Register or
related documentation.
§ 67.8 Certifications of statutes.
(a) State or local statutes which will
be certified by the Secretary. For the
purpose of this regulation, a State or
local statute is a law of the State or
local government designating, or pro-
viding a method for the designation of,
a historic district or districts. This in-
cludes any by-laws or ordinances that
contain information necessary for the
certification of the statute. A statute
must contain criteria which will sub-
stantially achieve the purpose of pre-
serving and rehabilitating properties of
historic significance to the district. To
be certified by the Secretary, the stat-
ute generally must provide for a duly
designated review body, such as a re-
view board or commission, with power
to review proposed alterations to struc-
tures of historic significance within
the boundaries of the district or dis-
tricts designated under the statute ex-
cept those owned by governmental en-
tities which, by law, are not under the
jurisdiction of the review body.
(b) When the certification of State
statutes will have an impact on dis-
tricts in specific localities, the Sec-
retary encourages State governments
to notify and consult with appropriate
local officials prior to submitting a re-
quest for certification of the statute.
(c) State enabling legislation which
authorizes local governments to des-
ignate, or provides local governments
with a method to designate, a historic
district or districts will not be cer-
tified unless accompanied by local
statutes that implement the purposes
of the State law. Adequate State stat-
utes which designate specific historic
districts and do not require specific im-
plementing local statutes will be cer-
tified. If the State enabling legislation
contains provisions which do not meet
the intent of the law, local statutes
designated under the authority of the
enabling legislation will not be cer-
tified. When State enabling legislation
exists, it must be certified before any
local statutes enacted under its au-
thority can be certified.
(d) Who may apply. Requests for cer-
tification of State or local statutes
may be made only by the Chief Elected
Official of the government which en-
acted the statute or his or her author-
ized representative. The applicant shall
certify in writing that he or she is au-
thorized by the appropriate State or
local governing body to apply for cer-
tification.
(e) Statute certification process. Re-
quests for certification of State or
local statutes shall be made as follows:
(1) The request shall be made in writ-
ing from the duly authorized represent-
ative certifying that he or she is au-
thorized to apply for certification. The
request should include the name or
title of a person to contact for further
information and his or her address and
telephone number. The authorized rep-
resentative is responsible for providing
historic district documentation for re-
view and certification prior to the first
certification of significance in a dis-
trict unless another responsible person
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401
National Park Service, Interior § 67.9
is indicated including his or her ad-
dress and telephone number. The re-
quest shall also include a copy of the
statute(s) for which certification is re-
quested, including any by-laws or ordi-
nances that contain information nec-
essary for the certification of the stat-
ute. Local governments shall also sub-
mit a copy of the State enabling legis-
lation, if any, authorizing the designa-
tion of historic districts.
(2) Requests shall be sent to the
SHPO in participating States and di-
rectly to appropriate NPS WASO in
nonparticipating States.
(3) The Secretary shall review the
statute(s) and assess whether the stat-
ute(s) and any by-laws or ordinances
that contain information necessary for
the certification of the statute contain
criteria which will substantially
achieve the purposes of preserving and
rehabilitating properties of historic
significance to the district(s) based
upon the standards set out above in
§ 67.8(a). The SHPO shall be given a 30-
day opportunity to comment upon the
request. Comments received from the
SHPO within this time period will be
considered by the Secretary in the re-
view process. If the statute(s) contain
such provisions and if this and other
provisions in the statute will substan-
tially achieve the purpose of preserving
and rehabilitating properties of his-
toric significance to the district, the
Secretary will certify the statute(s).
(4) The Secretary generally provides
written notification within 30 days of
receipt by the NPS to the duly author-
ized representative and to the SHPO
when certification of the statute is
given or denied. If certification is de-
nied, the notification will provide an
explanation of the reason(s) for such
denial.
(f) Amendment or repeal of stat-
ute(s). State or local governments, as
appropriate, must notify the Secretary
in the event that certified statutes are
repealed, whereupon the certification
of the statute (and any districts des-
ignated thereunder) will be withdrawn
by the Secretary. If a certified statute
is amended, the duly authorized rep-
resentative shall submit the amend-
ment(s) to the Secretary, with a copy
to the SHPO, for review in accordance
with the procedures outlined above.
Written notification of the Secretary’s
decision as to whether the amended
statute continues to meet these cri-
teria will be sent to the duly author-
ized representative and the SHPO with-
in 60 days of receipt.
(g) The Secretary may withdraw cer-
tification of a statute (and any dis-
tricts designated thereunder) on his
own initiative if it is repeal or amend-
ed to be inconsistent with certification
requirements after providing the duly
authorized representative and the
SHPO 30 days in which to comment
prior to the withdrawal of certifi-
cation.
§ 67.9 Certifications of State or local
historic districts.
(a) The particular State or local his-
toric district must also be certified by
the Secretary as substantially meeting
National Register criteria, thereby
qualifying it as a registered historic
district, before the Secretary will proc-
ess requests for certification of indi-
vidual properties within a district or
districts established under a certified
statute.
(b) The provision described herein
will not apply to properties within a
State or local district until the district
has been certified, even if the statute
creating the district has been certified
by the Secretary.
(c) The Secretary considers the duly
authorized representative requesting
certification of a statute to be the offi-
cial responsible for submitting district
documentation for certification. If an-
other person is to assume responsi-
bility for the district documentation,
the letter requesting statute certifi-
cation shall indicate that person’s
name, address, and telephone number.
The Secretary considers the author-
izing statement of the duly authorized
representative to indicate that the ju-
risdiction involved wishes not only
that the statute in question be cer-
tified but also wishes all historic dis-
tricts designated by the statute to be
certified unless otherwise indicated.
(d) Requests shall be sent to the
SHPO in participating States and di-
rectly to the appropriate NPS WASO in
nonparticipating States. The SHPO
shall be given a 30-day opportunity to
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402
36 CFR Ch. I (7–1–13 Edition) § 67.10
comment upon an adequately docu-
mented request. Comments received
from the SHPO within this time period
will be considered by the Secretary in
the review process. The guidelines in
National Register Bulletin 16, ‘‘Guide-
lines for Completing National Register
of Historic Places Forms,’’ provide in-
formation on how to document historic
districts for the National Register.
Each request should include the fol-
lowing documentation:
(1) A description of the general phys-
ical or historical qualities which make
this a district; and explanation for the
choice of boundaries for the district;
descriptions of typical architectural
styles and types of buildings in the dis-
trict.
(2) A concise statement of why the
district has significance, including an
explanation of the areas and periods of
significance, and why it meets Na-
tional Register criteria for listing (see
36 CFR part 60); the relevant criteria
should be identified (A, B, C, and D).
(3) A definition of what types of prop-
erties contribute and do not contribute
to the significance of the district as
well as an estimate of the percentage
of properties within the district that
do not contribute to its significance.
(4) A map showing all district prop-
erties with, if possible, identification
of contributing and noncontributing
properties; the map should clearly
show the district’s boundaries.
(5) Photographs of typical areas in
the district as well as major types of
contributing and noncontributing prop-
erties; all photographs should be keyed
to the map.
(e) Districts designated by certified
State or local statutes shall be evalu-
ated using the National Register cri-
teria (36 CFR part 60) within 30 days of
the receipt of the required documenta-
tion by the Secretary. Written notifi-
cation of the Secretary’s decision will
be sent to the duly authorized rep-
resentative or to the person designated
as responsible for the district docu-
mentation.
(f) Certification of statutes and dis-
tricts does not constitute certification
of significance of individual properties
within the district or of rehabilitation
projects by the Secretary.
(g) Districts certified by the Sec-
retary as substantially meeting the re-
quirements for listing will be deter-
mined eligible for listing in the Na-
tional Register at the time of certifi-
cation and will be published as such in
the F
EDERAL REGISTER.
(h) Documentation on additional dis-
tricts designated under a State or local
statute the has been certified by the
Secretary should be submitted to the
Secretary for certification following
the same procedures and including the
same information outlined in the sec-
tion above.
(i) State or local governments, as ap-
propriate, shall notify the Secretary if
a certified district designation is
amended (including boundary changes)
or repealed. If a certified district des-
ignation is amended, the duly author-
ized representative shall submit docu-
mentation describing the change(s)
and, if the district has been increased
in size, information on the new areas
as outlined in § 67.9. A revised state-
ment of significance for the district as
a whole shall also be included to reflect
any changes in overall significance as a
result of the addition or deletion of
areas. Review procedures shall follow
those outlined in § 67.9 (d) and (e). The
Secretary will withdraw certification
of repealed or inappropriately amended
certified district designations, thereby
disqualifying them as registered his-
toric districts.
(j) The Secretary may withdraw cer-
tification of a district on his own ini-
tiative if it ceases to meet the National
Register Criteria for Evaluation after
providing the duly authorized rep-
resentative and the SHPO 30 days in
which to comment prior to withdrawal
of certification.
(k) The Secretary urges State and
local review boards of commissions to
become familiar with the Standards
used by the Secretary of the Interior
for certifying the rehabilitation of his-
toric properties and to consider their
adoption for local design review.
§ 67.10 Appeals.
(a) The owner or a duly authorized
representative may appeal any of the
certifications or denials of certifi-
cation made under this part or any de-
cisions made under § 67.6(f).
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403
National Park Service, Interior Pt. 68
(1) Appeals must:
(i) Be in writing; e.g. letter, fax, or e-
mail;
(ii) Be addressed to the Chief Appeals
Officer, Cultural Resources, National
Park Service, U.S. Department of the
Interior, 1849 C Street, NW., Wash-
ington, DC 20240;
(iii) Be received by NPS within 30
days of receipt by the owner or a duly
authorized representative of the deci-
sion which is the subject of the appeal;
and
(iv) Include all information the
owner wishes the Chief Appeals Officer
to consider in deciding the appeal.
(2) The appellant may request a
meeting to discuss the appeal.
(3) NPS will notify the SHPO that an
appeal is pending.
(4) The Chief Appeals Officer will
consider the record of the decision in
question, any further written submis-
sions by the owner, and other available
information and will provide the appel-
lant a written decision as promptly as
circumstances permit.
(5) Appeals under this section con-
stitute an administrative review of the
decision appealed from and are not
conducted as an adjudicative pro-
ceeding.
(b) The denial of a preliminary deter-
mination of significance for an indi-
vidual property may not be appealed by
the owner because the denial itself does
not exhaust the administrative remedy
that is available. The owner instead
must seek recourse by undertaking the
usual nomination process (36 CFR part
60).
(c) In considering such appeals or ad-
ministrative reviews, the Chief Appeals
Officer shall take in account alleged
errors in professional judgment or al-
leged prejudicial procedural errors by
NPS officials. The Chief Appeals Offi-
cer’s decision may:
(1) Reverse the appealed decision;
(2) Affirm the appealed decision;
(3) Resubmit the matter to WASO for
further consideration; or
(4) Where appropriate, withhold a de-
cision until issuance of a ruling from
the Internal Revenue Service pursuant
to § 67.6(b)(2).
The Chief Appeals Officer may base his
decision in whole or part on matters or
factors not discussed in the decision
appealed from. The Chief Appeals Offi-
cer is authorized to issue the certifi-
cations discussed in this part only if he
considers that the requested certifi-
cation meets the applicable statutory
standard upon application of the
Standards set forth herein or he con-
siders that prejudicial procedural error
by a Federal official legally compels
issuance of the requested certification.
(d) The decision of the Chief Appeals
Officer shall be the final administra-
tive decision on the appeal. No person
shall be considered to have exhausted
his or her administrative remedies
with respect to the certifications or de-
cisions described in this part until the
Chief Appeals Officer has issued a final
administrative decision pursuant to
this section.
[54 FR 6771, Feb. 26, 1990, as amended at 76
FR 30541, May 26, 2011]
§ 67.11 Fees for processing certifi-
cation requests.
(a) Fees are charged for reviewing
certification requests according to the
schedule and instructions provided in
public notices in the F
EDERAL REG-
ISTER by NPS.
(b) No payment should be made until
requested by the NPS. A certification
decision will not be issued on an appli-
cation until the appropriate remit-
tance is received.
(c) Fees are nonrefundable.
[76 FR 30541, May 26, 2011]
PART 68—THE SECRETARY OF THE
INTERIOR’S STANDARDS FOR THE
TREATMENT OF HISTORIC PROP-
ERTIES
Sec.
68.1 Intent.
68.2 Definitions.
68.3 Standards.
A
UTHORITY: The National Historic Preser-
vation Act of 1966, as amended (16 U.S.C. 470
et seq.); sec. 2124 of the Tax Reform Act of
1976, 90 Stat. 1918; EO 11593, 3 CFR part 75
(1971); sec. 2 of Reorganization Plan No. 3 of
1950 (64 Stat. 1262).
S
OURCE: 60 FR 35843, July 12, 1995, unless
otherwise noted.
VerDate Mar<15>2010 18:33 Aug 05, 2013 Jkt 229140 PO 00000 Frm 00413 Fmt 8010 Sfmt 8010 Q:\36\36V1.TXT ofr150 PsN: PC150 -26-
Exhibit B
City of Costa Mesa Minimum Maintenance Standards
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(a)
(b)
(c)
(1)
(2)
a.
b.
c.
City of Costa Mesa, CA
Friday, May 17, 2024
Title 13. Planning, Zoning and Development
Chapter IX. SPECIAL LAND USE REGULATIONS
Article 14. Historic Preservation
§ 13-200.10. Maintenance, restoration, rehabilitation, relocation, alteration, development and demolition of cultural resources through the certificate of appropriateness process.
Maintenance. Every person in control and every owner of a cultural resource placed on the local Register of Historic Places and any appurtenant premises shall maintain and keep in good repair the exterior of such designated resources, all of the interior portions thereof when subject to regulation as specified in the designation resolution, and all interior portions whose maintenance is necessary to prevent deterioration or decay of any exterior architectural feature. This article shall be enforced by the city's Development Services Department.
Application of the State Historic Building Code. Pursuant to the State of California Health and Safety Code, the development services director may apply the State Historical Building Code in permitting repairs, alterations, and additions necessary for the preservation, restoration, rehabilitation, moving, or continued use of a designated historic building.
Certificate of appropriateness required. No person, owner, or other entity shall restore, rehabilitate, alter, develop, construct, demolish, remove or change the appearance of any cultural resource on the local Register of Historic Places without first having applied for and been granted a certificate of appropriateness to do so by the planning commission (or other commission/committee designated by the city council). The requirements of this article are in addition to any and all other city permit requirements. When the planning commission (or other commission/committee designated by the city council) or the city council has prepared and adopted a plan or specific design criteria or guidelines for the preservation of a landmark or historic district which sets forth particular development standards, an application for a certificate of appropriateness to do work consistent with the adopted plan development standards may be approved by the planning division. If the application is not approved by staff it shall be processed as set forth in this article.
Application. The certificate of appropriateness application shall be made and processed in accordance with the procedures set forth in Chapter III, Planning Applications.
Submittal requirements. Applications for certificates of appropriateness shall include:
Plans and specifications showing the proposed exterior appearance, type, and texture of materials and the proposed architectural design of the exterior of the building.
Where appropriate and required by the planning division, applications shall also show the relationship of the proposed work to the surrounding environs.
Such relevant information as to how the new improvement relates to the existing architectural style, scale, massing, site and streetscape, landscaping, and signage. The 5/17/24, 2:22 PM City of Costa Mesa, CA Maintenance, restoration, rehabilitation, relocation, alteration, development and demolition of cultural reso… https://ecode360.com/print/CO4918?guid=42618484 1/3
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(3)
a.
b.
c.
d.
e.
f.
g.
h.
i.
(4)
a.
b.
c.
applicant shall submit any other information the planning division determines necessary to evaluate the application.
Criteria. The planning commission (or other commission/committee designated by the city council) shall consider the following criteria when reviewing applications for certificates of appropriateness:
The anticipated use for the property remains that for which it was originally intended or requires minimal alteration of the building, structure, or site and its environment for the proposed reuse.
The distinguishing original qualities or character of a building, structure, or site and its environment shall not be compromised. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
All buildings, structures, and sites shall be recognized as products of their own time.
Alterations that have no historical basis and which seek to recreate an earlier appearance shall be discouraged.
Certain alterations which may have taken place in the course of time may be potentially significant to understanding the history and development of a building, structure, or site and its environment. These historic alterations may have acquired significance in their own right and this significance shall be recognized and respected.
Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be retained.
Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities.
Repair and replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
Surface cleaning of historic buildings and structures shall be undertaken with methods that will avoid damage to the historic materials.
Contemporary design for alterations and additions shall not be discouraged when such alterations and additions do not compromise significant historical, architectural, or cultural material; and when such design is compatible with the size, scale, color, massing, material, and character of the property, neighborhood or environment.
Whenever possible, new additions or alterations to the building or structure shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the historic building would be unimpaired.
Findings. The planning commission (or other commission/committee designated by the city council), shall make the following findings, as applicable, in determining whether to grant or deny a certificate of appropriateness:
The proposed undertaking is consistent or compatible with the architectural period and the character-defining features of the historic building or structure; The proposed undertaking is compatible with existing adjacent or nearby landmark properties and/or historic district properties and their character-defining features; The colors, textures, materials, fenestration, decorative features and details, height, scale, massing, and methods of construction proposed are consistent with the period and/or are compatible with adjacent buildings; and
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d.
(5)
a.
b.
The proposed change does not destroy or adversely affect an important architectural, historical, cultural, or archaeological feature(s) or site(s).
Review of substantial adverse changes. When the application is for an action that may cause a substantial adverse change to a designated cultural resource, the application shall be reviewed pursuant to adopted city procedures to determine if the proposed change would have a significant adverse environmental effect as defined by the California Environmental Quality Act (CEQA). Such activities are not categorically exempt from CEQA if the action may cause a significant adverse effect. Accordingly, no approval of any work which may cause a substantial adverse change to a cultural resource may be granted unless:
It is determined by the city council through the CEQA process that taking into account the value of all available incentives and costs of rehabilitation and adaptive reuse alternatives, the property retains no substantial remaining market value or reasonable use. Costs of alterations made in violation of this article and thus without the benefit of an approved certificate of appropriateness, or by failure to maintain the property required by the article, shall not be included in the calculation of rehabilitation costs; or It is determined pursuant to adopted city and state processes, that an immediate safety hazard exists and that demolition of the building is the only feasible means to secure the public safety.
(Ord. No. 99-17, § 2, 11-15-99)
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