Iowa Admin. Code r. 223-48.28

Current through Register Vol. 47, No. 10, November 13, 2024

Rule 223-48.28 - Part 1 application-evaluation of significance

The Part 1 application is used to determine whether the property is eligible to be a qualified rehabilitation project.

(1)Types of property that are eligible. The property must meet the federal standards for historical significance.

(2)Proof of status as eligible taxpayer. The Part 1 application may be submitted by an eligible taxpayer as described in rule 223-48.27 (404A).

a. To prove the applicant is the fee simple owner, the applicant will be expected to provide title documentation. If the title is held in the name of an entity, the application must be accompanied by documentation which indicates that the signatory is the authorized representative of the entity.

b. If the applicant is not the fee simple owner but plans to apply for the federal rehabilitation credit, the applicant must provide a copy of the approved federal Part 1 application, unless the property is individually listed on the National Register of Historic Places. The applicant must also certify that the applicant plans to apply and expects to qualify for the federal credit, and the applicant must provide proof of permission from the fee simple owner as described in subrule 48.27(2).

(3)Submission period. Part 1 applications may be submitted year-round.

(4)Required information. Applicants must provide the department a site plan, photographs of the property, a copy of the county assessor's statement for the property, and such other information as the department may require.

(5)Review process. The department will evaluate the appearance and condition of the building and verify the information provided by the applicant. The department will notify the applicant if the Part 1 application is incomplete. Generally, the department will review fully completed Part 1 applications within 90 calendar days of receipt. The 90-day review period will be adhered to as closely as possible; however, it is not mandatory. If the application is incomplete when submitted or if for any other reason the department must request additional information, the 90-day review period will restart when the requested information is received by the department. The application may be rejected if any requested information is not provided.

(6)Response from department. Upon completion of the review, the department shall issue a determination regarding whether the property meets the requirements to be considered historically significant.

(7)Period of validity. A determination that the property meets the requirements to be considered historically significant shall be valid for five years from the issuance of the determination provided that the property is maintained in a manner consistent with the federal standards and that the fee simple owner of the property remains the same during such period. Changes to the property that are not approved by the department shall automatically invalidate the determination of historical significance, and reestablishment of the historical significance of the property as well as submittal of a new Part 1 application for a determination that the property is eligible shall be required.

(8)Amendments. An applicant shall amend an approved Part 1 application if the property changes ownership or if the applicant's name or address changes prior to submission of a Part 2 application.

This rule is intended to implement Iowa Code section 404A.3 as amended by 2014 Iowa Acts, House File 2453.

Iowa Admin. Code r. 223-48.28

Adopted by IAB April 15, 2015/Volume XXXVII, Number 21, effective 5/20/2015