(a)  Ordinarily, only the fee-simple owner of the property in question may apply for the historic preservation certifications described in Rules .0912 and .0914 in this Section.  If an application for a certification is made by someone other than the fee-simple owner, however, the application must be accompanied by a written statement from the fee-simple owner indicating that he or she is aware of the application and has no objection to the request for certification.

(b)  Owners of properties which are not yet individually listed in the National Register of Historic Places or which are in areas that are not yet National Register or certified historic districts may obtain certifications from the SHPO on whether or not rehabilitation proposals meet the "Standards for Rehabilitation" and proceed with the rehabilitation prior to the listing of the individual property or district in the National Register.  Because final certifications of rehabilitation will be issued only to owners of certified historic structures, properties must be individually listed in the National Register or be located within National Register or certified historic districts by the time a request for final certification is submitted to the SHPO.  Similarly, if a property is located in a National Register or certified historic district but outside the district's period of significance, the National Register nomination or certification report for the district must be amended to expand the period of significance by the time a request for final certification is submitted to the SHPO.

(c)  Applications for certifications of proposed rehabilitation, historic significance, and completed rehabilitation shall be submitted on the Historic Preservation Certification Application.  Two copies of the application and supporting documentation such as photographs and plans are required.  The applicant may obtain a preliminary and non-binding determination of a property's historic significance within a National Register or certified historic district prior to undertaking a rehabilitation project.

(d)  Applications are available from the HPO.

(e)  Requests for certifications and approvals of proposed rehabilitation projects shall be sent to the HPO.

(f)  Where adequate documentation is not provided, the owner will be notified in writing of the additional information needed to undertake or complete the review.  At such time the application shall be placed on hold pending the receipt of complete information.  If complete information is not received within 30 days from the date of the request to the owner, the application shall be returned to the owner due to insufficient documentation.

(g)  Approval of applications and amendments to applications shall be conveyed to the owner only in writing by the SHPO or his/her duly authorized representative.  Decisions with respect to certifications shall be made on the basis of the descriptions contained in the application forms and other available information.  In the event of any discrepancy between the application and other supplementary material submitted with it (such as architectural plans, drawings, specifications, etc.), the applicant shall be requested to resolve the discrepancy in writing.  In the event the discrepancy is not resolved, the description in the application shall take precedence.


History Note:        Authority G.S. 105-130.42; 105-151.23;

Temporary Adoption Eff. January 1, 1998;

Eff. August 1, 1998;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 26, 2015.