Section 4856 - Criteria and Procedures for Removal of an Historical Resource from the California Register of Historical ResourcesHistorical resources are formally determined eligible for, or listed in, the California Register on the basis of an evaluation of the historical data by qualified professionals. The Commission may, at its discretion, consider a request for formal delisting after a public hearing has taken place.
(a) The Commission may remove an historical resource from the California Register if one of the following criteria is satisfied: (1) The historical resource, through demolition, alteration, or loss of integrity has lost its historical qualities or potential to yield information; or(2) New information or analysis shows that the historical resource was not eligible at the time of its listing.(b) Documentation supporting a request for removal of an historical resource from the California Register shall be provided to the Commission for its review. The documentation shall include:(1) A written request from the Officer, resource owner, a member of the public, or local government in which the historical resource is located recommending the removal of the resource, including a detailed justification based on the criteria listed in Section 4856(a)(1) or (2);(2) Photographs and other documentation regarding the current condition of the historical resource;(3) Photographic and archival documentation of the historical resource at the time of listing; and(4) Complete current ownership information for historical resources included in the listing.(c) The Office shall notify the resource owners, the local government in which the historical resource is located, the general public, and the individual, organization, or government authority which made the original nomination at least sixty (60) calendar days prior to the date scheduled for the public hearing. At the hearing, the Commission shall hear comments and receive information regarding whether or not the criteria for removal of an historical resource from the California Register have been met. If the criteria have been met, the resource shall be removed from the California Register. If the criteria for removal have not been met, the historical resource shall remain in the California Register. The decision of the Commission shall be final unless a request for reconsideration is made pursuant to Section 4857 of this chapter.(d) The Office shall notify the resource owners, the local government described above, the general public, and the individual, organization, or government agency which made the original nomination within sixty (60) days after reaching a final decision. The decision of the Commission shall be binding.Cal. Code Regs. Tit. 14, § 4856
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: 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).