Texas Register, Volume 38, Number 9, Pages 1269-1452, March 1, 2013 Page: 1,313
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to obtain all necessary permissions and signatures prior to submitting
a permit application for work on historic buildings, structures, and
(2) Notification. The commission must be notified of any
anticipated, planned, or proposed work to a landmark or the site as-
sociated with a landmark. Notification must also be given for work
to buildings or structures that have been nominated for designation as
landmarks. Such notice should be made early enough to allow ade-
quate time to prepare the formal application as described in paragraph
(4) of this subsection. The notification must include a brief written de-
scription of the project and at least one photograph of the building or
structure or affected portion of that building or structure. If a permit is
required for the proposed scope of work, the commission staff will pro-
vide the applicant with the permit application form and notify him or
her of the necessary attachments or application reports within 30 days
of receipt of notification.
(A) Normal maintenance and repair. Work that does not
have the potential to cause removal, damage or alteration to the in-
tegrity, form, or appearance of the materials, features, or landform of
the historic building or structure and its site, is considered to be normal
maintenance and repair, and therefore exempt from the required noti-
fication process, per Texas Natural Resources Code, 191.054. Clean-
ing surfaces with non-corrosive mild solutions and low-pressure water,
repainting window frames or doorways with similar paints, or minor
repairs such as replacing putty on windows are examples of normal
maintenance and repair. Other work, however, may not constitute nor-
mal maintenance and repair. For example, permanent masonry damage
can result from use of inappropriate cleaning methods, such as sand-
blasting, high pressure water cleaning, or the use of unsuitable chemi-
cals, or from use of damaging repointing techniques and materials. Re-
placing historic windows damages the historical integrity of a building,
and painting previously unpainted surfaces constitutes alteration. Such
work is not considered normal maintenance or repair.
(B) Interior spaces. Nonpublic interior spaces are
spaces that are inaccessible to the public, and alterations to those
spaces are exempt from the required notification process, per Texas
Natural Resources Code, 191.054. The interior spaces to be con-
sidered public and therefore not exempt are those spaces that are or
were accessible to the public (lobbies, corridors, rotundas, meeting
halls, courtrooms, offices of public officials, public employees, and
services, etc.), or those that are important to the public because of any
significant historical, architectural, cultural, or ceremonial value.
(3) Advance review. For more complex projects, it is ad-
visable that the commission staff be consulted early in the planning or
design process in order to avoid delays in issuing the final permit.
(4) Formal application. All applications must be submitted
on the Historic Buildings and Structures Permit application form ap-
proved by the commission at least 60 days prior to the commencement
of work or issuance of bid documents, whichever comes first. The ap-
plication form may be submitted in hard copy with original signatures,
or electronically with scanned signatures, to the mailing or email ad-
dress indicated on the form. The project professional personnel must be
a project architect who has the required experience on historic buildings
and structures in the type of project work proposed, or other profes-
sional as provided for in 26.4(3) of this title (relating to Professional
Qualifications and Requirements). At the request of commission staff,
the professional personnel must submit a resume demonstrating the re-
quired education and experience.
(5) Emergency application. If emergency preservation or
hazard abatement work must be performed quickly in a crisis situation
or due to extenuating circumstances, the minimum 60 day submission
requirement may be waived with approval from the commission staff.
Staff shall determine appropriate procedures for issuance of emergency
permits based on the specific circumstances and urgency of the work.
(6) Attachments. All permit applications must be accom-
panied by plans, specifications, or other documents prepared for the
project that adequately describe the full scope of work. Large-format
drawings or lengthy attachments must be submitted in hard copy. In ad-
dition, 4 by 6 inch color photographs of the overall building or structure
and all areas of proposed work are required. Photographs may be taken
with a 35 mm or digital camera. Digital photographs should have a res-
olution of at least 300 pixels per inch and may be printed on an inkjet
or laser printer on high-quality paper.
(7) Application reports. See 26.23(a) of this title (relating
to Reports Relating to Historic Buildings and Structures Permits) for a
discussion of each type of report. In the case of more complex projects,
one or more of the following reports may be required with the permit
(A) historic structure report;
(B) historical documentation;
(C) architectural documentation; and/or
(D) archeological documentation.
(8) Project reports. Depending upon the scope of work, one
or more of the following reports may be required as a condition of a per-
mit to be prepared during the course of a project and to be submitted
upon completion of that project prior to expiration of the permit. All
Historic Buildings and Structures Permits require a completion report.
For projects that receive a grant under the Texas Historic Courthouse
Preservation Program, described in Chapter 12 of this title, the comple-
tion report for the grant may suffice in lieu of a separate permit com-
pletion report, when specified by the commission. Any other required
reports will be specified when the permit is issued. See 26.23(b) of
this title for a discussion of each type of report:
(A) architectural documentation;
(B) archeological documentation;
(C) storage report; and/or
(D) completion report.
(9) Issuance of permit. Contract documents must not be is-
sued for bidding purposes before a permit has been issued by the com-
mission. If no response has been made by the commission within 60
days of receipt of any permit application, the permit shall be consid-
ered to be granted.
(b) Standards for the treatment of historic properties. The Sec-
retary of the Interior's Standards for the Treatment of Historic Proper-
ties (1995 and subsequent revisions; codified at 36 Code of Federal
Regulations Part 67) are hereby adopted by reference by the commis-
sion and shall be considered to be a part of this chapter. Copies of
these standards are available on the National Park Service website at
26.21. Issuance andRestriction ofHistoric Buildings and Structures
(a) Permits are issued by the commission and must be signed
by the executive director, the director of the Division of Architecture,
or a designated representative. The executive director may choose to
submit the permit application to the Antiquities Advisory Board for its
consideration. Permits that are denied by commission staff may be ap-
pealed by the applicant to the Antiquities Advisory Board. The board
shall review such applications at its next scheduled meeting, provided
PROPOSED RULES March 1, 2013 38 TexReg 1313
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Texas. Secretary of State. Texas Register, Volume 38, Number 9, Pages 1269-1452, March 1, 2013, periodical, March 1, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth308911/m1/45/: accessed July 16, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.