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RULE §26.21 Issuance and Restriction of Historic Buildings and Structures Permits

Published: 2015

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(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 appealed by the applicant to the Antiquities Advisory
Board. The board shall review such applications at its next scheduled
meeting, provided it shall have a minimum of 30 days to prepare for
such review. Recommendations of the board shall be taken to the next
scheduled meeting of the commission by the chairman of the board or
by one of the other commissioners who serve on the board for action
(b) Terms and conditions. When a permit is issued,
it will contain all standard and special terms and conditions governing
the project work.
(c) Permit period. No permit will be issued for less
than six months, nor more than ten years, but may be issued for any
length of time within those limits as deemed necessary by the commission
in consultation with the applicant and project architect.
(d) Transferal of permits. No permit issued by the
commission will be assigned by the permittee in whole or in part to
any other institution, museum, corporation, organization, or individual
without the consent of the commission.
(e) Permit expiration. The expiration date is specified
in each permit and is the date by which all project work must be complete,
including submission of the required completion report and fulfillment
of all terms and conditions of the permit. It is the responsibility
of the permittee, project architect, and professional firm to meet
any and all permit terms and conditions prior to the expiration date
listed on the permit.
  (1) Expiration notification. The permittee and project
architect will be notified 60 days in advance of permit expiration.
  (2) Expiration extension. The permittee or project
architect must provide a written request to the commission if an extension
of the final due date for completion of the permit is desired. The
request must detail the reason(s) an extension is necessary and state
when completion of the permit requirements is expected. The Division
of Architecture (DoA) of the commission will review the extension
request to determine whether an extension is warranted. Permit extensions
will be issued by letter and may extend the permit completion due
date once for no less six months and no more than ten years as deemed
appropriate. Permit extensions requested for preparation of the completion
report, following substantial completion of the permitted work, will
be issued for no greater than nine months, unless authorized by the
Antiquities Advisory Board. If an additional extension is subsequently
requested, the DoA may issue the extension or request that the Antiquities
Advisory Board review the request and make a recommendation to the
commission regarding further extension. The commission may, by a majority
vote of its members, approve or disapprove an additional extension
of the final due date of an Antiquities Permit, provided that the
following conditions are met:
    (A) the permittee, project architect, and/or the professional
firm listed on the permit must provide written documentation to the
Antiquities Advisory Board and give an oral presentation justifying
why an additional permit due-date extension is warranted; and
    (B) justification for the additional extension must
show that the extension is needed due to circumstances beyond the
control of the permittee, project architect, or professional firm.
Examples include, but are not limited to: funding problems or death
of the project architect.
(f) Expiration responsibilities. Professional firms
must ensure that a project architect is assigned to a permit at all
times, until all obligations under the permit have been fulfilled,
regardless of whether the permit is active or has expired. Expired
permits are considered to be in default and will be reported to the
Antiquities Advisory Board. Commission staff or the board may request
that the permittee, project architect, and/or professional firm appear
and give an oral presentation regarding the need for an extension
pursuant to subsection (e)(2) of this section, or the board may pursue
other remedies as allowed under §26.24 of this title (relating
to Compliance with Rules for Historic Buildings and Structures Permits).

(g) Permit amendments. Proposed changes in the terms
and conditions of the permit must be approved by the commission's
executive director, the director of the DoA, or their designated representative.
This includes changes in the permitted project plans and specifications
that could affect the integrity of the structure, building, or site.
(h) Permit hold or cancellation. The commission may
place on hold or cancel a Historic Buildings and Structures Permit
pursuant to §26.24 of this title under the following circumstances:

  (1) the death of the project architect;
  (2) failure of the permit applicant to fully fund the
permitted project work;
  (3) project work undertaken does not comply with the
terms, conditions and approved project documents under the permit;
  (4) violation of §26.24 of this title.
(i) Institutions of higher education. If an institution
of higher education notifies the commission that it protests the terms
of a permit granted to an institution of higher education under this
section, the matter becomes a contested case under the provisions
of the Administrative Procedure Act, Texas Government Code §2001.051,
et seq. The institution of higher education must notify the commission
of its protest within 30 days of its receipt of notice of the terms
of the permit to initiate a contested case. The hearing officer and
the commission will follow the procedures and take into account the
criteria listed in Texas Natural Resources Code, §191.021(c).
Weighing these criteria against the criteria specified in §26.20(b)
of this title (relating to Standards for the Treatment of Historic
Properties), the commission shall include a requirement in a permit
only if the record before the committee establishes by clear and convincing
evidence that such inclusion would be in the public interest.

Source Note: The provisions of this §26.21 adopted to be effective May 20, 2013, 38 TexReg 2980