Section 26.22 - Historic Buildings and Structures Permit CategoriesAll work done on historic buildings or structures and their sites will be reviewed, and issued permits when appropriate, in accordance with one or more of the following permit categories. Section RSA 191.054 of the Texas Natural Resources Code authorizes the commission to issue permits for survey and discovery, excavation, restoration, demolition, or study. The following permit categories clarify specific scopes of work within these areas. Restoration is herein understood to include preservation, rehabilitation, restoration, and reconstruction as defined in the Secretary of the Interior's Standards for the Treatment of Historic Properties (Standards), per §RSA 26.20<subdiv>(b)</subdiv> of this title (relating to Application for Historic Buildings and Structures Permits).
(1) Preservation permit. Preservation is the act or process of applying measures necessary to sustain the existing form, integrity, and materials of a cultural resource, including preliminary measures to protect and stabilize the building, structure, or site. Preservation consists of maintenance and repair of materials, features, or landforms of cultural resources, rather than extensive replacement and new construction. Preservation also includes the conservation of buildings, sites, structures, and objects.(2) Rehabilitation permit. Rehabilitation is the act or process of making possible a compatible use for a property through repair, alterations, or additions, while preserving those portions or features of the property which convey its historical, architectural, or cultural values.(3) Restoration permit. Restoration is the act or process of accurately depicting the form, features, and character of a property and its setting as it appeared at a particular period of time by means of the removal of features from later periods in its history and reconstruction of missing features from the restoration period.(4) Reconstruction permit. Reconstruction is the act or process of depicting, by means of new construction, the exact form, features, and detailing of a non-surviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location. Reconstruction of a non-surviving cultural resource, or any part thereof within the described limits of a designated landmark, will be reviewed and permitted in light of its impact on the historical, architectural, or cultural integrity of that site. Reconstruction permits may be required for any reconstruction within the boundaries of a landmark that is significant as an archeological site, in addition to other applicable permits described in § RSA 26.15 of this title (relating to Archeological Permit Categories).(5) Architectural investigation permit. If the applicant can demonstrate that careful investigation of a building or structure through controlled dismantling or sampling and testing of historic material or later modifications will contribute to the understanding of that building or structure's history, or of the history and culture of Texas in general, a permit for architectural investigation may be issued. This type of permit does not indicate approval for rehabilitation, demolition, or any other type of work, but may require replacement of removed materials or storage of selected samples.(6) Hazard abatement permit. If hazardous materials exist in a historic building or structure and must be abated or removed in a project unrelated to other preservation, restoration or rehabilitation work, then a permit for hazard abatement may be issued. This type of permit does not indicate approval for rehabilitation, demolition, or any other type of work, but may require replacement of removed materials.(7) Relocation permit. Under most circumstances, a permit to relocate a building or structure from its original site will not be issued unless the commission has been satisfied that there is a real and unavoidable threat to the building or structure's existence, and that the applicant has made a thorough effort to find the means to preserve the building or structure on its original site. If relocation is unavoidable, the building or structure should be relocated to a site that resembles its original setting as closely as possible. A relocation permit will require thorough documentation of the relationship between the building or structure and its existing site and documentation of the proposed new site and placement of the building or structure to demonstrate that the new site and setting are comparable to the original. An archeological investigation of both the old and new site locations may also be required.(8) Demolition permit. Under most circumstances, a permit to demolish a building or structure will not be issued unless the commission is satisfied that there is a necessity due to deterioration of the building or structure that constitutes a threat to the health, safety, or welfare of citizens or a real and unavoidable threat to the building or structure's existence. The applicant must show that he or she has made a thorough effort to find the means to preserve the building or structure on its original site or, failing that, to relocate the building or structure to another site with a comparable setting. The applicant must show evidence that he or she has, in good faith, conducted a feasibility study and obtained estimates from appropriate professionals, invited and considered alternative suggestions and proposals, and otherwise explored all reasonable possibilities other than demolition. A demolition permit will require thorough documentation of the building or structure and its relationship to its existing site, as well as archeological investigation, as defined and required by the commission.(9) New construction permit. Any new construction to be built within the described limits of a landmark must be reviewed and permitted in light of its impact on the historical, architectural, and cultural integrity of that cultural resource and its site. The applicant must submit plans, elevations, and sections that adequately describe the full scope of the project and its relationship to the existing building or structure and its site. New construction permits may be required for construction within the boundaries of a landmark that is significant as an archeological site, in addition to other applicable permits described in § RSA 26.15 of this title (relating to Archeological Permit Categories).(10) Monuments are considered structures. As such permits for work on monuments, or for their removal or relocation shall fall under one or more of the permit categories listed above.(11) Markers are not considered structures and any proposed work on or related to markers must comply with Chapter 21 herein.13 Tex. Admin. Code § 26.22
The provisions of this §26.22 adopted to be effective May 20, 2013, 38 TexReg 2980; Amended by Texas Register, Volume 41, Number 09, February 26, 2016, TexReg 1442, eff. 2/29/2016; Amended by Texas Register, Volume 46, Number 21, May 21, 2021, TexReg 3252, eff. 5/26/2021