N.J. Admin. Code § 7:4-7.4

Current through Register Vol. 56, No. 9, May 6, 2024

Section 7:4-7.4 - Criteria for determining whether an undertaking constitutes an encroachment or will damage or destroy the historic property

(a) An undertaking will have an adverse effect and therefore constitute an encroachment when the effect of the undertaking on a property listed in the New Jersey Register may diminish the integrity of the property's location, design, setting, materials, workmanship, feeling, or association. Encroachments include, but are not limited to:

1. Physical destruction, damage, or alteration of all or part of the registered property;

2. Isolation of the registered property from or alteration of the character of the property's setting when that character contributes to the property's qualification for the New Jersey Register;

3. Introduction of visual, audible, or atmospheric elements that are out of character with the registered property or alter its setting; and

4. Acquisition, transfer, sale, lease, easement on, or an agreement or other permission allowing use of a registered property.

(b) An undertaking that would otherwise be found to constitute an encroachment pursuant to (a) above may be considered by the Department as not being an encroachment when:

1. The registered property is of value only for its potential contribution to archaeological, historical, or architectural research, and when such value can be substantially preserved through the conduct of appropriate research, and such research is conducted in accordance with applicable professional standards and guidelines including the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation (Federal Register, Volume 48, No. 190), effective Thursday, September 29, 1983, as updated and revised by the National Park Service (see http://www.nps.gov/history/local-law/arch_stnds_0.htm);

2. The undertaking is limited to the preservation, rehabilitation, restoration, or reconstruction of buildings and structures and is conducted in a manner that preserves the historical and architectural value of affected historic property through conformance with the Secretary of the Interior's Standards for the Treatment of Historic Properties (36 C.F.R. 68) and "Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings" (guidelines issued by the National Park Service, incorporated herein by reference) and available from the Historic Preservation Office, PO Box 420, Trenton, New Jersey 08625-0420 or from website (www.state.nj.us/dep/hpo) or from the National Park Service website (www.nps.gov) or subsequent amendments thereto, adopted by the Secretary of the United States Department of the Interior and the National Park Service; or

3. The undertaking is limited to the acquisition, transfer, sale, lease, easement on, or an agreement or other permission allowing use of a registered property, and adequate restrictions or conditions are included to ensure preservation of the property's significant historic features.

N.J. Admin. Code § 7:4-7.4

Amended by R.1997 d.373, effective 9/15/1997.
See: 29 N.J.R. 2503(a), 29 N.J.R. 4103(b).
In (b)2, inserted reference to preservation and reconstruction, deleted reference to stabilization and protection, and amended sources of standards.
Amended by R.2003 d.110, effective 3/17/2003.
See: 34 N.J.R. 3161(a), 35 N.J.R. 1410(a).
Inserted references to the website address.
Amended by R.2008 d.261, effective 9/2/2008.
See: 40 N.J.R. 1428(a), 40 N.J.R. 4945(b).
In (b)1, inserted "including the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation (Federal Register, Volume 48, No. 190), effective Thursday, September 29, 1983, as updated and revised by the National Park Service (see http://www.nps.gov/history/local-law/arch_stnds_0.htm)".
Notice of readoption with technical change.
See: 47 N.J.R. 1947(a).