Section 4851 - Historical Resources Eligible for Listing in the California Register of Historical ResourcesThe California Register consists of historical resources that are:
(a) listed automatically; (b) listed following procedures and criteria adopted by the State Historical Resources Commission, henceforth the Commission; and (c) nominated by an application and listed after a public hearing process.(a) Historical resources automatically listed in the California Register include the following pursuant to California Public Resources Code Section 5024.1(d)(1) and (2): (1) California historical resources listed in, or formerly determined eligible for, the National Register of Historic Places, henceforth the National Register. "Formally determined eligible" for the purpose of this section means determined eligible through one of the federal preservation programs administered by the California Office of Historic Preservation, henceforth the Office. Specifically, these programs are the National Register, Tax Certification (Evaluation of Significance, Part 1, 36 CFR Part 67 ), and National Historic Preservation Act (Section 106, 16 U.S.C. 470f) reviews of federal undertakings.(2) California Registered Historical Landmarks, henceforth Landmarks, from No. 770 onward.(3) Upon effective date of this chapter, the Office will notify owners by first class mail that as a result of listing or being formally determined eligible for listing in the National Register of Historic Places, and/or being designated a California Registered Historical Landmark subsequent to, and including No. 770, the resource has been automatically placed in the California Register. The owner(s) will be advised of the criteria for listing in the California Register and procedures for removal found in Sections 4855 and 4856 of this chapter. Removal may be requested at any time, but must satisfy one of the criteria for removal as listed in Section 4856(a) of this chapter.(b) Historical resources which require action by the State Historical Resources Commission to be listed in the California Register. The following resources require review and action by the Commission prior to listing, but are not subject to the formal nomination and application procedures described in Section 4851(c) of this chapter. (1) Landmarks with numbers preceding No. 770 pursuant to California Public Resources Code Section 5024.1(d)(2). Procedures for inclusion of landmarks preceding No. 770 in the California Register have not been adopted by the State Historical Resources Commission at the time of inception of this chapter.(2) California Points of Historical Interest, hereafter Points of Historical Interest, pursuant to California Public Resources Code Section 5024.1(d)(3). Points of Historical Interest, which have been reviewed by the Office and recommended for listing by the Commission, will be included in the California Register if the following conditions are met: (A) The resource meets the statutory criteria for the California Register;(B) A boundary is provided that clearly delineates the area of historic importance;(C) A list of contributing and noncontributing features is provided. Contributing features are those remaining from the resource's period of historic significance that retain integrity; and(D) The application is accompanied by the appropriate State Historical Resources Commission approved recordation form, such as the DPR Form 523-Historic Resources Inventory Form. Historical resource owners shall be notified of proposed Commission actions to nominate Points of Historical Interest to the California Register sixty (60) days prior to the Commission meeting at which a hearing is scheduled.
The Office shall notify resource owners of time and location of the hearing.
The Commission shall hear testimony regarding whether or not the criteria for listing a Point of Historical Interest in the California Register have been met. If the criteria for listing are met, the Commission shall recommend that the historical resource be made a Point of Interest to the Director of the Department of Parks and Recreation. When the Director signs the nomination, the historical resource shall be listed as a Point of Historical Interest and listed in the California Register.
(c) Historical resources which require nomination to be listed in the California Register pursuant to California Public Resources Code Section 5024.1(e)(1)-(5). Historical resources may be nominated to the California Register by individuals, organizations, or government agencies. (1) An historical resource or historic district;(2) An historical resource contributing to the significance of a nominated historic district;(3) A group of historical resources identified in historic resource surveys, if the survey meets the criteria and standards of documentation listed in Section 4852(e);(4) An historical resource, a group of historical resources, or historic districts designated or listed as city or county landmarks or historical resources or districts pursuant to any city or county ordinance, if the criteria for designation or listing under the ordinance have been reviewed by the Office as meeting the California Register criteria as stated in this chapter and approved by the Commission; or(5) An historical resource or a group of local landmarks or historical resources designated under any municipal or county ordinance which has not been previously approved by the Office.Cal. Code Regs. Tit. 14, § 4851
1. New section filed 12-2-97; operative 1-1-98 (Register 97, No. 49). Note: Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources Code. Reference: National Historic Preservation Act (NHPA) of 1966 (16 U.S.C. 470a), as amended; National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321-4347); Title 36, Parts 60, 63, 67 and 800, Code of Federal Regulations; and Sections 5020.1, 5020.4, 5020.7, 5024.1, 5024.5, 5024.6, 21084 and 21084.1, Public Resources Code.
1. New section filed 12-2-97; operative 1-1-98 (Register 97, No. 49).