1 Del. Admin. Code § 901-4.0

Current through Register Vol. 28, No. 4, October 1, 2024

Section 901-4.0 - Procedures for Certification of Historic Property

4.1 With permission of the property owner, an applicant may submit a Part 1 application to the State Office requesting that the State Historic Preservation Officer certify that a property in a National Register listed or locally designated historic district is a certified historic property as defined in Section 3.0 of this regulation. The applicant shall file the Part 1 application on standard forms developed by the State Office.

4.2 The State Office shall not process an incomplete Part 1 application until all required application information is received. Where adequate documentation is not provided, the State Office shall notify the applicant of the additional information needed to undertake or complete the review.

4.3 The Delaware State Historic Preservation Officer shall determine whether the property for which a complete Part 1 application is received meets the definition of certified historic property and shall notify the applicant of the decision.

4.4 If a property is individually listed in the National Register, submission of a Part 1 application is required, whether or not an application for the federal tax credit is submitted.

4.5 The Delaware State Historic Preservation Officer may certify as historic a property for which an applicant has obtained a Part 1 certification from the federal government pursuant to 36 CFR 67 . Under this provision, an applicant shall file only the cover page of the Delaware Part 1 application.

4.6 Once the State Office has approved the Part 1 application, the project is considered initiated for the purpose of this program.

4.7 The Part 1 application shall expire if a Part 2 application is not received by the State Office within one calendar year from the date of issue of the approved Part 1.

1 Del. Admin. Code § 901-4.0

6 DE Reg. 108 (07/01/02)
8 DE Reg. 1031 (01/01/05)
14 DE Reg. 485 (11/01/10)
18 DE Reg. 237 (9/1/2014)
22 DE Reg. 409 (11/1/2018) (Final)