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RULE §13.4 Description of Rehabilitation

Published: 2015

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(a) Application Part B - Description of Rehabilitation.
Part B of the application requires information to allow the Commission
to determine whether the proposed rehabilitation work is consistent
with the Standards for Rehabilitation and shall be completed for all
projects and phases of projects. Part B may only be submitted with
Part A of the application or after the Part A of the application has
been submitted to the Commission.
(b) Application Requirements. If a property is a certified
historic structure or receives a preliminary determination of significance,
an Applicant or Owner of the property shall request that the Commission
determine whether the rehabilitation plan is in conformance with the
Standards for Rehabilitation. Information to be submitted in the Part
B includes:
  (1) Name, mailing address, telephone number, and email
address of the Owner and Applicant if different from the Owner;
  (2) Name and address of the property;
  (3) Current photographs (not smaller than 4"x6", printed
at 300 ppi if digital) of the building and its site, showing exterior
and interior features and spaces adequate to document the property's
condition immediately prior to commencement of work;
  (4) A rehabilitation plan including drawings of the
site plan and the building floor plans showing existing conditions
and all proposed work with elevation drawings if applicable to illustrate
any new construction, alterations, or additions. Drawings of the existing
building condition and drawings of the proposed project are required
to substantiate the scope of the project. If the project is a phased
development, a description of all phases of work with the associated
timeline shall be provided;
  (5) Additional photos as necessary to completely illustrate
all areas of the building that will be affected by the rehabilitation;
  (6) A timeframe by which all work included in the project
will be completed with a projected starting date and completion or
placed in service date;
  (7) An estimate of the aggregate eligible costs and
  (8) Signature of the Owner, and Applicant if different
from the Owner, requesting the review; and
  (9) Other information required on the application by
the Commission.
(c) Determination of certified rehabilitation. Part
B rehabilitation plans are reviewed by staff of the Commission for
consistency with the Standards for Rehabilitation as set forth below:
  (1) A property shall be used for its historic purpose
or be placed in a new use that requires minimal change to the defining
characteristics of the building and its site and environment.
  (2) The historic character of a property shall be retained
and preserved. The removal of historic materials or alteration of
features and spaces that characterize a property shall be avoided.
  (3) Each property shall be recognized as a physical
record of its time, place, and use. Changes that create a false sense
of historical development, such as adding conjectural features or
architectural elements from other buildings, shall not be undertaken.
  (4) Most properties change over time; those changes
that have acquired historic significance in their own right shall
be retained and preserved.
  (5) Distinctive features, finishes, and construction
techniques or examples of craftsmanship that characterize a historic
property shall be preserved.
  (6) Deteriorated historic features shall be repaired
rather than replaced. Where the severity of deterioration requires
replacement of a distinctive feature, the new feature shall match
the old in design, color, texture, and other visual qualities and,
where possible, materials. Replacement of missing features shall be
substantiated by documentary, physical, or pictorial evidence.
  (7) Chemical or physical treatments, such as sandblasting,
that cause damage to historic materials shall not be used. The surface
cleaning of structures, if appropriate, shall be undertaken using
the gentlest means possible.
  (8) Significant archeological resources affected by
a project shall be protected and preserved. If such resources must
be disturbed, mitigation measures shall be undertaken.
  (9) New additions, exterior alterations, or related
new construction shall not destroy historic materials that characterize
the property. The new work shall be differentiated from the old and
shall be compatible with the massing, size, scale, and architectural
features to protect the historic integrity of the property and its
  (10) New additions and adjacent or related new construction
shall be undertaken in such a manner that if removed in the future,
the essential form and integrity of the historic property and its
environment would be unimpaired.

Source Note: The provisions of this §13.4 adopted to be effective September 11, 2014, 39 TexReg 7081