94-089-815 Me. Code R. § 6

Current through 2024-50, December 11, 2024
Section 089-815-6 - EVALUATION CRITERIA
1. In accordance with the criteria in 5 MRSA 13056-F(5), the Commission shall evaluate and seek to fund those proposals that best meet its historic preservation priorities for the State and region and that support its economic and community development and enhancement priorities. The criteria are explained as follows:
A.The level of historic or architectural significance. Factors that shall be considered in determining an EHP's level of historic or architectural significance shall include but not be limited to its importance to the history, architecture, archaeology, engineering, or culture of a community, the state, or the nation. If not already established in a National Register of Historic Places Nomination Form, the significance of the property will be determined by the Director using guidance published by the National Park Service. Properties that are not eligible for listing in the National Register of Historic Places cannot be EHPs for purposes of the Historic Preservation Revolving Loan Fund.
B.The value with respect to historic preservation and rehabilitation. Factors that shall be considered in determining the value of an EHP with respect to historic preservation and rehabilitation shall include but not be limited to its significance; its location relative to other historic properties (e.g. is it part of an historic district or a complex of historically and functionally related buildings?); its potential to act as a catalyst for other historic preservation and rehabilitation activities; its historic and/or cultural affiliation with other historic properties in the region; and whether it is a rare or unique resource in the region or state.
C.The degree to which the property is endangered. Factors that shall be considered in demonstrating the degree to which an EHP is endangered shall include but not be limited to an evaluation of physical evidence that documents current structural conditions (including previous structural repairs, conditions assessments by preservation engineers or other qualified professionals, etc.); a review of the history of previous attempts to preserve the property; the threat of imminent demolition and/or destruction of the property's character defining features or physical setting; and in the case of an archaeological site, the threat of ground disturbance that could preclude future excavation and the recovery of information from it.
D.The economic significance to the immediate vicinity and to the State. Factors that shall be considered in demonstrating the economic significance of preserving an EHP to the immediate vicinity and to the State shall include but not be limited to its potential to increase local property tax revenue when rehabilitated; its potential to attract other revenue and investment; its potential to stimulate additional historic rehabilitation activity; and its potential to directly or indirectly foster job creation or retention.
E.The value with respect to downtown revitalization, open space conservation or other public purposes. Factors that shall be considered in demonstrating the value of preserving an EHP with respect to downtown revitalization, open space conservation or other public purposes shall include but not be limited to the economic and business climate of the downtown; the viability of long-term re-use plans; the potential impact on surrounding properties; the extent to which open space and/or cultural landscape(s) will be preserved as part of or in concert with the EHP and its proposed use; whether the EHP is in an area affected or threatened by sprawl; the types of proposed use, services or businesses to be offered within the EHP and related open space (e.g. do they serve a local need? How will they affect the cultural landscape and/or archaeological sites?); and the degree of public support for preservation of the EHP and/or the overall conservation and use plan.
F.The availability at fair market value. The availability of the EHP at fair market value shall be determined by comparison of the acquisition price with the appraised value of the property by a Certified Real Estate Appraiser;
G.The degree to which the property is available below fair market value. The degree to which the EHP is available below fair market value shall be determined by comparison of the acquisition price with the appraised value of the property by a Certified Real Estate Appraiser;
H.The potential marketability. Factors that shall be considered in ascertaining the potential marketability of the EHP shall include but not be limited to an assessment of the property's marketability by a Licensed Real Estate Professional, taking into account the fact that the property will be offered for sale with a Preservation Easement or Covenant; the location of the property and the status of the surrounding real estate market; an evaluation of potential appropriate uses of the EHP; and the advertising and promotion strategy.
I.The feasibility of rehabilitation or restoration and reuse. Factors that shall be considered in demonstrating the feasibility of rehabilitating or restoring and reusing the EHP shall include but not be limited to whether it is adaptable in a manner consistent with local zoning and modern needs/uses; its condition (e.g. can the building be occupied in its current state, and if not, can the QO stabilize the building or otherwise mitigate hazardous conditions to facilitate its sale?); and its accessibility to public right-of-ways, services, and infrastructure.
J.The value of the proposed property with respect to tourism promotion and development. Factors that shall be considered in measuring the value of preserving the EHP with respect to tourism promotion and development shall include but not be limited to its potential appeal to out-of state travelers; how it fits into an overall tourism development plan; and how its preservation will preserve or enhance the visual and physical character of a community.
K.The degree of community support. Factors that shall be considered in evaluating the degree of support for preserving an EHP shall include but not be limited to the endorsement of municipal governments and their officials; endorsements and/or other past or current efforts by local or regional organizations involved in history or historic preservation to preserve the EHP; the support of other local or regional institutions or organizations (such as local or regional planning agencies, chambers of commerce, recreational or social clubs, etc.); the support of local businesses and citizens.
L.The extent to which the proposed project involves partnerships or meets multiple criteria. Factors that shall be considered in evaluating the extent to which the preservation of EHP involves partnerships shall include but not be limited to documentation that shows financial or other in-kind materials or services that have been pledged or provided by private, non-profit or governmental entities or individuals to support the project; the extent to which public access to the EHP will be ensured, and the types of public use to be allowed when it is sold by the QO.

94-089 C.M.R. ch. 815, § 6