DIVISION 50
HISTORIC PRESERVATION OFFICER
736-050-0001
Authority, Purpose and Policy
(1) Authority: The authority for this rule is granted to the State Historic Preservation Officer in accordance with ORS 358.545.
(2) Purpose: These rules clarify the statutory requirement for participation in the Special Assessment of Historic Property program as provided in ORS 358.480 to 358.565.
(3) Policy: One of the goals of the State Historic Preservation Officer is to maintain, preserve and rehabilitate properties of Oregon historical significance through historic preservation incentive programs, thereby creating a positive partnership between the public good and private property that promotes economic development, tourism, energy and resource conservation, neighborhood, downtown, and rural revitalization, efficient use of public infrastructure, and civic pride in our shared historical and cultural foundations.
Stat.
Auth.: ORS 183
Stats.
Implemented: ORS 183.341
Hist.:
HPO 2, f. & ef. 9-10-76; PRD 14-2009(Temp), f. & cert. ef. 9-28-09 thru
3-26-10
736-050-0002
Notice of Proposed Rules
Prior to the adoption, amendment, or repeal of any permanent rule, the State Historic Preservation Officer shall give notice of the intended action:
(1) In the Secretary of State's Bulletin referred to in ORS 183.360, at least 21 days before the effective date of the rule;
(2) By mailing a copy of the notice to persons on the State Historic Preservation Officer's mailing list established pursuant to ORS 183.335(8) at least 28 days before the effective date of the rule; and.
(3) By mailing a copy of the notice to the legislators specified in ORS 133.335(15) at least 49 days before the effective date of the rule; and
(4) By mailing or furnishing a copy of the notice to:
(a) The Associated Press; and
(b) The Capitol Press Room.
Stat.
Auth.: ORS 183.341
Stats.
Implemented: ORS 183.341(4)
Hist.:
HPO 2, f. & ef. 9-10-76; PR 2-1992, f. & cert. ef. 5-1-92; PR 13-1994, f.
& cert. ef. 12-5-94; PRD 9-2008, f. & cert. ef. 10-15-08; Suspended by PRD
14-2009(Temp), f. & cert. ef. 9-28-09 thru 3-26-10
736-050-0005
Model Rules of Procedure
The State Historic Preservation Officer hereby adopts the Attorney General's Model Rules of Procedure under the Administrative Procedures Act as amended and effective October 3, 2001.
[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or State Parks and Recreation Department.]
Stat.
Auth.: ORS 358.545
Stats.
Implemented: ORS 183.341(1)
Hist.:
HPO 1-1978, f. & ef. 4-26-78; PR 1-1984, f. & ef. 1-6-84; PR 4-1986, f.
& ef. 4-28-86; PR 4-1988, f. & cert. ef. 8-22-88; PR 2-1992, f. & cert.
ef. 5-1-92; PR 13-1994, f. & cert. ef. 12-5-94; PR 1-1996, f. & cert. ef.
1-5-96; PRD 5-1998, f. & cert. ef. 4-15-98; PRD 2-2002, f. & cert. ef. 1-15-2002;
Suspended by PRD 14-2009(Temp), f. & cert. ef. 9-28-09 thru 3-26-10
736-050-0100
Special Assessment of Historic Property
Oregon Revised Statutes 358.480 to 358.545 provide the process for applying for a special assessment of historic property.
Stat.
Auth.: ORS 358
Stats.
Implemented: ORS 358.545
Hist.:
PR 7-1984, f. & ef. 12-6-84; PR 11-1995, f. & cert. ef. 12-21-95; PRD 4-2002,
f. & cert. ef. 4-10-02; PRD 14-2009(Temp), f. & cert. ef. 9-28-09 thru 3-26-10
736-050-0105
Definitions
As used in OAR 736-050-0100 through 736-050-0150, unless the context requires otherwise:
(1) "Continuing Qualification Review" means a review of a property special assessment by SHPO in response to a request by a county assessor, local landmark commission or governing body to determine if the property continues to qualify for a special assessment.
(2) "National Register" means the National Register of Historic Places maintained by the United States Department of the Interior.
(3) "Preservation Plan" is defined in ORS 358.480 (16).
(4) "SHPO" means the State Historic Preservation Officer appointed by the Governor pursuant to ORS 358.565 or the State Historic Preservation Office, depending on the context.
Stat.
Auth.: ORS 358.545
Stats.
Implemented: ORS 358.545
Hist.:
PR 7-1984, f. & ef. 12-6-84; PR 2-1992, f. & cert. ef. 5-1-92; PR 11-1995,
f. & cert. ef. 12-21-95; PRD 4-2002, f. & cert. ef. 4-10-02; PRD 3-2006,
f. & cert. ef. 5-8-06; PRD 14-2009(Temp), f. & cert. ef. 9-28-09 thru 3-26-10
736-050-0110
Application and Reapplication for Special Assessment
(1) An owner who desires a first term of Special Assessment shall submit a complete application on forms supplied by the State Historic Preservation Office (SHPO). An owner who desires an additional term of Special Assessment shall submit a complete reapplication on forms supplied by the SHPO. The application or reapplication must:
(a) Be received and acknowledged in writing as complete by the SHPO during the calendar year preceding the first tax year for which classification and special assessment as historic property is desired. Applications and reapplications are accepted and acknowledged in writing only.
(b) Include documentation from the applicable County Assessor of the subject property's current assessed and real market values. If an application is for only part of a property listed in the assessor's rolls, or if a total property value is to be divided upon approval of an application, an owner must request the county assessor to provide the assessed value of that part of the property that is subject to the application. In this case the assessor must initial the statement of assessed value on the application/affidavit form, or provide a letter that states the assessed value of the property that is subject to the application. In any case, an application must contain or be accompanied by written information or other documents that enable an owner, the assessor, the HARC and the SHPO to clearly understand the extent and current assessed value of the property that is subject to the application;
(c) Include an application fee of one-third of one percent (.0033) of the real market value of the property that is the subject to of the application. The value to be used when computing the fee is the current real market value of land and improvements combined, as determined by the County Assessor.
EXAMPLE: The fee for a property with a real market value of $30,000 for land and $70,000 for improvements would be: $100,000 X .0033 = $333.00. The fee must be paid by certified check or money order made payable to the Oregon Parks and Recreation Department;
(d) Include a reasonably accurate plan drawing of all floors, and labeled, archivally stable color print images (no Polaroid photographs) of each building or landscape that is a subject of the application. The images must clearly show the physical condition of each exterior elevation, and complete views of each historically significant interior spaces, rooms or features of each building or landscape that is a subject of the application. The SHPO shall make the final determination of a property's historic significance. If an owner has questions about historic significance, the SHPO should be consulted prior to application or reapplication.
(e) Include a Preservation Plan as described in OAR 736-050-0150 of these rules; Forms and instructions for completing Preservation Plans, and completed examples, are available from the SHPO or online at: www.hcd.state.or.us.
(f) For a reapplication of a commercial property, include a Renovation Plan as described under OAR 736-050-0150. Instructions for completing Renovation Plans and a completed example are available from the SHPO or online at: www.hcd.state.or.us.
(g) Include an affidavit on a form provided by the SHPO to be read and signed by the applicant testifying to the fact that applicant has read and understands the responsibilities and requirements of participation in the program, and consents to providing access to and viewing of the property, interior and exterior, by the SHPO or SHPO staff.
(h) If a reapplication for residential property, provide evidence that the local jurisdiction has adopted an ordinance or resolution supporting an additional period of special assessment for same within the jurisdiction.
(2) The special assessment applies to all of the property that is described in an application, including all significant historic buildings, landscape features, and outbuildings. The SHPO shall make the final determination of a property's historic significance. If an owner desires part of a property not to be designated historic and specially assessed, the owner must so state in the application. If approved by the SHPO, this consideration will be reflected in the county assessor's appraisal of the property.
(3) An owner whose property is not yet listed in the National Register but that has been recommended for listing by the State Advisory Committee on Historic Preservation may make an application for special assessment in the calendar year preceding the tax year the owner wishes the special assessment to begin. If the property is not listed in the National Register by September 15 of the year for which special assessment is first desired, the application shall be considered an application submitted and acknowledged for the tax year next beginning after the date the property is actually listed.
(4) An application or reapplication not denied on or before September 15 of the year for which special assessment is first desired shall be deemed approved, and the property that is the subject of the application shall be considered to be historic property that qualifies under ORS 358.480 to 358.545.
Stat.
Auth.: ORS 358.485
Stats.
Implemented: ORS 358.545
Hist.:
PR 7-1984, f. & ef. 12-6-84; PR 2-1992, f. & cert. ef. 5-1-92; PR 11-1995,
f. & cert. ef. 12-21-95; PRD 4-2002, f. & cert. ef. 4-10-02; PRD 3-2006,
f. & cert. ef. 5-8-06; Suspended by PRD 14-2009(Temp), f. & cert. ef. 9-28-09
thru 3-26-10
736-050-0112
Requirement for Owner Expenditure
Under ORS 358.487(2)(a) the 10% expenditure requirement can include the value of donated materials, labor and/or services
Stat.
Auth.: ORS 183, 358 & SB 192 (2009)
Stats.
Implemented:ORS 183.341 & 358
Hist.:
PRD 14-2009(Temp), f. & cert. ef. 9-28-09 thru 3-26-10
736-050-0115
Acceptance and Review of Special Assessment Applications
(1) Within 15 working days of receipt of an application or reapplication for special assessment, the SHPO shall determine if the subject property qualifies as "historic property" as described in OAR 736-050-0105(5) and if the application is complete. The SHPO staff shall return applications, including fees, for properties that do not qualify as historic property. The SHPO staff shall return incomplete or inaccurate applications, including fees, or may request additional or corrected information if the application is substantially accurate and complete. Upon determination that the subject property qualifies as historic property, and that the application is complete, the SHPO shall acknowledge its acceptance to the applicant in writing, and forward copies of the application to the applicable county assessor and governing body. The date of the SHPO acceptance letter shall be deemed the date of the application for purposes of this rule. No fees shall be returned once an application has been accepted by the SHPO.
(2) The SHPO shall consider recommendations of the county assessor relating to accuracy and completeness of property description and other matters within the county assessor's expertise in determining whether a property qualifies for special assessment.
(3) The SHPO shall consider the governing body's recommendations relating to public benefit when determining whether a property qualifies for special assessment. "Public benefit" recommendations should relate to the historic preservation element, if any, of the governing body's Comprehensive Plan and to the policy statement found in ORS 358.475.
(4) Following acceptance of an application in writing, the SHPO staff shall review it to determine whether it meets the criteria for approval in section (9) of this rule.
(5) If the SHPO does not receive a recommendation from the county assessor, or the governing body by the end of the business day on the 30th calendar day after the date of the SHPO’s cover letter forwarding an application to them, the application shall be considered recommended for approval by those entities.
(6) Properties within the boundaries of an historic district may or may not have the potential to contribute to the historical character of the district. For example, "contributing" properties, as designated in the original nomination document, may have been so altered prior to an application for special assessment as to no longer convey historic character and with "non-contributing" rankings may nonetheless possesses the potential to contribute to the district's historic character. Therefore, before accepting an application for a property located in an historic district, the SHPO shall determine whether or not the property contributes, or has the potential to contribute, to the character of the district. The burden of proof is on the applicant. Recommendations from the applicable Landmarks Commission, if one exists in the local jurisdiction, shall be requested and considered before a this determination is made. Properties that have been determined by the SHPO not to contribute, or that lack the potential to contribute to the historical character of an historic district, shall not be eligible for special assessment.
(7) The SHPO may approve all or only part of a property described in an application for special assessment. In an application an owner must identify the specific parcel of land to be certified for special assessment by plot number, assessor's tax lot number, a dimensioned plot plan, a metes and bounds description, or other accurate means of description. In rural areas, the SHPO may approve about one acre per building. (For example, a farmhouse, barn, and smoke-house listed in the National Register might receive special assessment for a three-acre parcel on which these buildings are located.) Exceptions to this policy will be made by the SHPO only when a larger parcel is needed to contain significant historic buildings and landscapes, or if exceptional circumstances are demonstrated.
(8) An owner of historic property applying for special assessment is entitled to any other exemption or special assessment provided by law. If the property has an existing exemption(s) or multiple exemptions are being considered at time of application, an owner shall consult with the county assessor's office to establish the historic property's assessed value and/or boundaries for purposes of determining an application value pursuant to OAR 736-050-0110(1)(b).
(9) In order to approve an application, the SHPO must find that:
(a) The treatment proposed in the Preservation and/or Renovation Plan(s) meets t he applicable Secretary of the Interior's Standards for the Treatment of Historic Property;
(b) The combined rehabilitation, maintenance, and preservation proposed will result in a property that substantially conveys its historic character; and, for a Commercial Property reapplication, that the proposal constitutes a significant investment that promotes compliance with ADA requirements, seismic improvements, or energy conservation improvements to the property;
(c) The combined rehabilitation, maintenance, and preservation work items proposed will be completed in a timely manner.
(10) The SHPO may impose conditions and timelines on the approval of an application in order to bring it into conformance with the criteria listed in section (9) of this rule.
(11) The SHPO may deny an application or reapplication that does not meet the criteria listed in section (9) of this rule.
(12) The applicant may appeal any matter relating to an application for special assessment under the terms established in OAR 736-050-0140.
Stat.
Auth.: ORS 358.545
Stats.
Implemented: ORS 358.490 & 358.495
Hist.:
PR 7-1984, f. & ef. 12-6-84; PR 2-1992, f. & cert. ef. 5-1-92; PR 11-1995,
f. & cert. ef. 12-21-95; PRD 4-2002, f. & cert. ef. 4-10-02; PRD 3-2006,
f. & cert. ef. 5-8-06; Suspended by PRD 14-2009(Temp), f. & cert. ef. 9-28-09
thru 3-26-10
736-050-0120
Owner and SHPO Responsibilities
(1) An owner of specially-assessed property is responsible for maintaining the property in good condition. Noticeable deterioration of a property, or a failure to complete rehabilitation or other work required in a Preservation Plan during the time period designated, unless otherwise amended, may be sufficient cause for the SHPO to seek mandatory remedial action and/or to initiate removal of the property's special assessment pursuant to OAR 736-050-0135.
(2) An owner of specially assessed property is responsible for providing the SHPO with a current mailing address and other contact information.
(3) The SHPO shall monitor owner compliance with program requirements by requesting such information from owners as is directly related to matters set forth in ORS 358.475 to 358.545 or in these rules. If an owner does not respond to the request by providing the required information within the specified time, the SHPO may seek mandatory remedial action and/or initiate removal of the property's special assessment pursuant to OAR 736-050-0135.
(4) Participants who entered the program prior to September 28, 2009:
(a) Must submit Preservation Plan updates to the SHPO in the 5th, 10th and 14th year of the 15-year benefit period in lieu of the reporting schedule in ORS 358.543(1); and
(b) Are exempt from the requirement to submit a report by the end of the fifth year demonstrating compliance with the expenditure commitment under the Preservation Plan as described in ORS 358.487(2)(a).
Stat.
Auth.: ORS 358.545
Stats.
Implemented: ORS 358.575, 358.480, 358.535 & 358.545(1)
Hist.:
PR 7-1984, f. & ef. 12-6-84; PR 2-1992, f. & cert. ef. 5-1-92; PR 11-1995,
f. & cert. ef. 12-21-95; PRD 4-2002, f. & cert. ef. 4-10-02; PRD 3-2006,
f. & cert. ef. 5-8-06; PRD 2-2007, f. & cert. ef. 2-8-07; PRD 3-2007, f.
& cert. ef. 4-13-07; PRD 14-2009(Temp), f. & cert. ef. 9-28-09 thru 3-26-10
736-050-0125
Changes and Alterations to Properties Approved for Special Assessment
(1) Pursuant to ORS 358.565, the SHPO delegates special assessment application and design review approval authority to the Deputy State Historic Preservation Officer (DSHPO). The DSHPO shall rely on the expertise of qualified staff in making program decisions.
(2) Owners shall apply in writing on forms provided by the SHPO or the governing body, whichever is appropriate, for review and written approval before undertaking any work on specially-assessed property.
(3) Additional material may include photos, drawings, as well as product and work descriptions.
(4) A change permissible in one circumstance does not necessarily constitute justification or a precedent for a similar change in another circumstance. The SHPO shall evaluate proposed changes on a case-by-case basis.
(5) Governing bodies approved by the SHPO for conducting historic reviews must have:
(a) A historic preservation ordinance or historic design guidelines based on the historic rehabilitation standards, as defined in ORS 358.480(12); and
(b) Demonstrated expertise interpreting and implementing the historic rehabilitation standards.
Stat.
Auth.: ORS 358.545
Stats.
Implemented: ORS 358.545(2)
Hist.:
PR 7-1984, f. & ef. 12-6-84; PR 2-1992, f. & cert. ef. 5-1-92; PR 11-1995,
f. & cert. ef. 12-21-95; PRD 4-2002, f. & cert. ef. 4-10-02; PRD 3-2006,
f. & cert. ef. 5-8-06; PRD 14-2009(Temp), f. & cert. ef. 9-28-09 thru 3-26-10
736-050-0130
New Construction
(1) Additions to specially-assessed property, otherwise meeting the definition of "new construction" in OAR 736-050-0105(9), may be determined not to be new construction for purpose of special assessment by the SHPO pursuant to section (2) of this rule.
(2) In order to determine new construction eligible for Special Assessment the SHPO must find:
(a) That the new construction accurately meets the definition(s) of restoration, reconstruction, or both in OAR 736-050-0105(23) and (24) respectively;
(b) That the new construction is required by the fire marshal or building official, to meet fire, life, safety, accessibility code requirements, or any combination thereof, and that the requirement cannot reasonably be accommodated within the existing structure;
(c) That the new construction meets the Standards in OAR 736-050-0125(5), and is used primarily for residential purposes (ORS 358.543(4)(a)(A)); or
(d) That the new construction meets the Standards in OAR 736-050-0125(5), and is used primarily for nonresidential purposes, and that when added to the total net rentable area of the existing historic property, is less than or equal to the total net rentable area of the property that existed prior to the new construction.
(3) New construction that does not conform to all of the Standards, or that is undertaken without prior SHPO approval may be sufficient cause for the SHPO to seek mandatory remedial action; to initiate removal of the property's special assessment pursuant to OAR 736-050-0135; or both.
Stat.
Auth.: ORS 358.545
Stats.
Implemented: ORS 358.543
Hist.:
PR 7-1984, f. & ef. 12-6-84; PR 2-1992, f. & cert. ef. 5-1-92; PR 11-1995,
f. & cert. ef. 12-21-95; PRD 4-2002, f. & cert. ef. 4-10-02; PRD 3-2006,
f. & cert. ef. 5-8-06; Suspended by PRD 14-2009(Temp), f. & cert. ef. 9-28-09
thru 3-26-10
736-050-0135
Removal of Special Assessments
(1) The SHPO may investigate a property's continued qualification for special assessment by its own initiative or at the request of other parties as described in ORS 358.509. SHPO may contact the property owner informally to determine the basic merits of the concerns.
(2) If changes to the property have been approved by the local governing body in accordance with ORS 358.543(4) and are part of the approved Preservation Plan, then SHPO cannot disqualify the property, and no further investigation will be pursued.
(3) If, in SHPO’s opinion, further investigation is warranted, SHPO shall contact the property owner in a timely manner by certified letter to request a report as authorized by ORS 358.535, and, if deemed appropriate, a site inspection. The letter shall include:
(a) Property identification;
(b) Reason for request of information;
(c) Request for a detailed response; and
(d) Information on appeal process.
(4) The property owner must submit a written report to SHPO within 30 days of receipt of the letter addressing all of the issues outlined in the letter. Failure to respond or to address all of the issues may be grounds for disqualification of the property from special assessment.
(5) SHPO shall respond to the property owner’s report within 30 days from one of the following determinations:
(a) Continues to qualify;
(b) Continues to qualify with conditions. If the conditions are not met within the specified time, SHPO may initiate disqualification without further notice; or
(c) No longer qualifies.
(6) The determination by SHPO shall be in writing and shall be sent to the property owner, the county assessor, and the governing body.
(7) A property owner may appeal the SHPO’s determination to the HARC (ORS 358.522) in accordance with the appeal process described in OAR 736-050-0140.
Stat.
Auth.: ORS 358.545
Stats.
Implemented: ORS 358.509, 358.515 & 358.525
Hist.:
PR 7-1984, f. & ef. 12-6-84; PR 2-1992, f. & cert. ef. 5-1-92; PR 11-1995,
f. & cert. ef. 12-21-95; PRD 4-2002, f. & cert. ef. 4-10-02; PRD 3-2006,
f. & cert. ef. 5-8-06; PRD 14-2009(Temp), f. & cert. ef. 9-28-09 thru 3-26-10
736-050-0140
Appeal Process
(1) The Historic Assessment Review Committee (HARC) is the appeals body for all decisions made by the SHPO. The HARC will establish procedures for an appeal.
(2) An owner may appeal a ruling by requesting a contested case hearing pursuant to the provisions of ORS 183.413 to 183.425 and 183.440 to 183.470. An appeal must be filed no later than 30 calendar days after the date a decision is made by the HARC.
Stat.
Auth.: ORS 358.545
Stats.
Implemented: ORS 358.545
Hist.:
PR 7-1984, f. & ef. 12-6-84; PR 2-1992, f. & cert. ef. 5-1-92; PR 11-1995,
f. & cert. ef. 12-21-95; PRD 4-2002, f. & cert. ef. 4-10-02; PRD 3-2006,
f. & cert. ef. 5-8-06; PRD 14-2009(Temp), f. & cert. ef. 9-28-09 thru 3-26-10
736-050-0150
Preservation and Renovation Plans
(1) A Preservation Plan submitted to the SHPO as part of the application or reapplication process for special assessment shall be on forms supplied by the SHPO and include:
(a) Property location and ownership information;
(b) A written narrative that briefly describes any significant people and events associated with the property, and states the property's period of historic significance;
(c) A chronology of the property's development, significant modification, and use, e.g. dates of physical construction and modifications over time, if any, including any known change in use prior to the date of application. The narrative should be based on the historical record, first-hand knowledge, physical evidence, or professional analysis;
(d) A written description of the property's exterior and interior architectural and landscape features, and their condition; and
(e) A prioritized treatment plan with general cost estimates, and approximate timelines for completion.
(2) A summary of documentation from a nomination of a National Register property may be substituted in the application for items (a) through (c) if the nomination contains all of the information required in those items.
(3) A Renovation Plan submitted for commercial property to the SHPO as part of the reapplication process for special assessment shall be on forms supplied by the SHPO and include:
(a) A narrative and graphic description of at least one of the three work items described below. This information shall includes a cost estimate and timelines for completion of the work item(s) that falls within the period of the special assessment benefit:
(A) Accessibility improvements meeting the requirements of the Americans With Disabilities Act (ADA). These are work items to implement the removal of architectural barriers, based on professional analysis as referenced in subsection (c) of this section. They can include the addition of ramps or devices to facilitate entrance/-exit; changes to door widths, floor elevations, bathroom or shower facilities; or other appropriate treatments that eliminate or mitigate architectural barriers. The cost of eliminating architectural barriers is not required to exceed those values cited in ORS 447.241.
(B) Seismic safety structural improvements. These are work items to improve the seismic performance or structural stability of a property, based on professional analysis as referenced in subsection (c) of this section, and that reduce the potential for heavy structural damage to a property or improve life/safety performance in the event of an earthquake. Generally, they include the addition of floor stiffening materials; devices to tie floor systems to exterior walls; vertical frames or walls in various materials to reduce the potential for shear or to strengthen areas that have high risk of collapse; base isolation systems; parapet bracing devices, vibration dampening systems, or other appropriate treatments.
(C) Energy conservation improvement measures. These are work items that improve a property's energy performance based on professional analysis as referenced in subsection (c) of this section, and can include: installation of new HVAC systems; rehabilitation of existing historic windows to increase thermal efficiency; installation of various types of insulation systems and other appropriate treatments.
(b) All accessibility, seismic, and energy conservation measures contained in the Renovation Plan must meet the appropriate standards for access, seismic, and energy improvements as prescribed in the Oregon Structural Specialty Codes (OSSC), or other applicable codes for existing buildings.
(c) All ADA, seismic and energy conservation measures contained in the Renovation Plan shall be prioritized based on a comprehensive professional analysis of the building. The building's site shall also be considered in all analyses.
(4) For commercial property, the SHPO may allow an application for the federal investment tax credit (National Park Service Form #10-168) for the rehabilitation of the property to be substituted for a Preservation Plan, a Renovation Plan,or both provided the application calls for significant investment in the property and otherwise meets the requirements of this rule and OAR 736-050-0150 relating to the content of Preservation and Renovation Plans.
(5) Forms for Preservation and Renovation Plans shall be provided by the SHPO, and are available online at www.hcd.state.or.us.
(6) SHPO staff may consult with property owners on the sufficiency of a Preservation and/or Renovation Plan prior to submittal of the application.
[ED. NOTE: Forms & Publications referenced are available from the agency.]
Stat.
Auth.: ORS 358
Stats.
Implemented: ORS 358.540
Hist.:
PR 11-1995, f. & cert. ef. 12-21-95; PRD 4-2002, f. & cert. ef. 4-10-02;
PRD 3-2006, f. & cert. ef. 5-8-06; Suspended by PRD 14-2009(Temp), f. &
cert. ef. 9-28-09 thru 3-26-10
736-050-0200
Purpose
These sections of Chapter 736, Oregon Administrative Rules establish:
(1) Organization and duties of the State Advisory Committee on Historic Preservation.
(2) State Historic Preservation Office staff responsibilities to the Committee and procedures for conducting the National Register of Historic Places program.
(3) Procedures for Committee review and approval of nominations to the National Register.
(4) Procedures relating to the Committee and conflict-of- interest.
Stat. Auth.: ORS 358.617
Stats. Implemented: ORS 358.617
Hist.: PR 8-1991, f. & cert. ef. 6-13-91; PR 9-1995, f. 10-12-95,
cert. ef. 10-16-95
736-050-0210
Statutory Authority
ORS 358.617 requires the State Historic Preservation Officer to adopt rules to carry out the duties and functions of the officer, including rules governing cultural resource management programs.
Stat. Auth.: ORS 358.617
Stats. Implemented: ORS 358.617
Hist.: PR 8-1991, f. & cert. ef. 6-13-91; PR 9-1995, f. 10-12-95,
cert. ef. 10-16-95
736-050-0220
Federal Requirements
The National Historic Preservation Act of 1966, as amended, (16 U.S.C. 470 et seq.), specifies basic requirements for approval of state historic preservation programs. The requirements and responsibilities listed in the Act are incorporated into federal rule, 36 CFR Parts 60 (1994 edition), and 36 CFR Part 61 (1999 edition), which are hereby adopted by reference into this administrative rule
Stat. Auth.: ORS 358.617
Stats. Implemented: ORS 358.605
Hist.: PR 8-1991, f. & cert. ef. 6-13-91; PR 9-1995, f. 10-12-95,
cert. ef. 10-16-95; PRD 5-2002, f. & cert. ef. 4-10-02
736-050-0230
Definitions
(1) "Actual conflict of interest" (ORS 244.020(1)) – means any action or any decision or recommendation by a person acting in a capacity as a public official, the effect of which would be to the private pecuniary benefit or detriment of the person or the person's relative or any business with which the person or a relative of the person is associated unless the pecuniary benefit or detriment arises out of circumstances described in subsection (12) of this section.
(2) "Certified Local Government (CLG)" – A city or county that has been certified by the National Park Service, Department of the Interior to carry out the purposes of the National Historic Preservation Act, as amended. The CLG program is administered by the SHPO.
(3) "Committee" – The State Advisory Committee on Historic Preservation, a nine member body appointed by the Governor pursuant to ORS 358.622.
(4) "Criteria for Evaluation" – The National Register Criteria for Evaluation are those published criteria by which every property that is proposed for nomination to the National Register is judged.
(5) "Deputy SHPO" – The Deputy State Historic Preservation Officer, who serves as SHPO staff manager under the delegated authority of the State Historic Preservation Officer.
(6) "Determination of Eligibility" – A decision by the U.S. Department of the Interior that a property meets the National Register criteria for evaluation although the property is not listed in the National Register. A determination of eligibility does not make the property eligible for grants or tax incentives for which listing in the National Register is a prerequisite.
(7) "Handbook" – Compiled by SHPO staff, the guide is a publication on how to prepare nominations to the National Register based on National Register Bulletin 16.
(8) "Historic District" – A geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of historic sites, buildings, structures, or objects united by past events or visually by plan or physical development.
(9) "Multiple Property Submission" – Includes all or a portion of the Register-eligible resources identified in a specific rural area, county, town, or section of a town or city, which are related to one another in a clearly distinguishable way. The resources may be of one building type or use, designed by a single architect, of a given archaeological period, or all those remaining which are related to a single historical event.
(10) "National Park Service (NPS)" – The federal agency, housed in the U.S. Department of the Interior, which oversees historic preservation programs enabled by the National Historic Preservation Act of 1966, as amended.
(11) "National Register of Historic Places" – The national list of districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, engineering, and culture, maintained by the Secretary of the Interior. The Keeper of the National Register of Historic Places is an official of the National Park Service.
(12) "Potential conflict of interest" (ORS 244.020(7)) – means any action or any decision or recommendation by a person acting in a capacity as a public official, the effect of which could be to the private pecuniary benefit or detriment of the person or the person's relative, or a business with which the person or person's relative is associated, unless the pecuniary benefit or detriment arises out of the following:
(a) An interest or membership in a particular business, industry, occupation or other class required by law as a prerequisite to the holding by the person of the office or position.
(b) Any action in the person's official capacity which would affect to the same degree a class consisting of all inhabitants of the state, or a smaller class consisting of an industry, occupation or other group including one of which or in which the person, or the person's relative or business with which the person or person's relative is associated, is a member or is engaged. The committee may by rule limit the minimum size of or otherwise establish criteria for or identify the smaller classes that qualify under this exception.
(c) Membership in or membership on the board of directors of a nonprofit corporation that is tax-exempt under Section 501(c) of the Internal Revenue Code.
(13) "SHPO" – The State Historic Preservation Officer appointed by the Governor pursuant to ORS 358.565 and 36 CFR 61.4(a). Also used to mean State Historic Preservation Office.
(14) "Special Assessment" – A state-sponsored financial incentive program (ORS 358.425 et seq.) which provides for a fifteen year "freeze" in the true cash value of National Register properties.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 358.617
Stats. Implemented: ORS 358.617
Hist.: PR 8-1991, f. & cert. ef. 6-13-91; PR 9-1995, f. 10-12-95,
cert. ef. 10-16-95; PRD 5-2002, f. & cert. ef. 4-10-02
736-050-0240
Organization and Duties
(1) Members of the Committee appointed to fill unexpired terms shall serve for the remainder of the term of the vacating member.
(2) Unless the policy is waived by the Governor under extenuating circumstances (e.g., lack of qualified professionals to represent a required discipline), a Committee member may serve no more than two consecutive terms of appointment in his or her own right. If the member's original appointment fulfilled the unexpired term of another, he or she may be considered for reappointment twice in succession thereafter.
(3) Each member shall sign an affidavit acknowledging that he or she has read applicable conflict-of-interest provisions in state and federal rules. Affidavits are maintained by the nominations coordinator.
(4) Pursuant to 36 CFR 61.4(f)(6) and ORS 358.622 the Committee shall:
(a) Review all proposed nominations to the National Register of Historic Places to determine whether or not the property meets the criteria for evaluation;
(b) Participate in the review of appeals to the Keeper of the National Register of nominations rejected by the SHPO, and provide written opinions on the significance of the properties;
(c) Periodically review and make recommendations to the SHPO on amendments to the Oregon State Historic Preservation Plan, and provide advice on comprehensive historic preservation planning process;
(d) Provide advice, guidance, and professional recommendations to the SHPO on matters relating to federal and state historic preservation programs, policies and budgets, including but not limited to grant applications, annual staff work programs, and matters relating to the special assessment of historic property under provisions of ORS 358.475 et seq.
Stat. Auth.: ORS 358.617
Stats. Implemented: ORS 358.622
Hist.: PR 8-1991, f. & cert. ef. 6-13-91; PR 9-1995, f. 10-12-95,
cert. ef. 10-16-95; PRD 5-2002, f. & cert. ef. 4-10-02
736-050-0250
Staff Activities Relating to the National Register Program
(1) Pursuant to ORS 358.565, the SHPO appoints the National Register Nominations Coordinator as the staff professional who is qualified to coordinate the state's National Register nominations program, including serving as staff to the State Advisory Committee on Historic Preservation.
(2) Notification letters must be issued to property owners and affected public officials not less than 30 days nor more than 75 days in advance of the nomination review date.
(3) Individuals, local government officials, landmark commissions, or CLGs may provide comments on the proposed nomination to the SHPO, Deputy SHPO, or nominations coordinator in advance of the meeting. Written or oral comments must be received not later than the announced date of the Committee meeting. The period for public comment shall not be less than 30 days. For properties located in the jurisdiction of a CLG, and for properties in public ownership, the period for public comment shall not be less than 60 days. Objections to listing in the National Register by the owners of private property must be in the form of a notarized written statement certifying the correspondent's ownership interest and the basis for objection. The coordinator will acknowledge receipt of written comments by form letter. Statements of objection on the part of owners of public property which the Committee finds to meet criteria of the National Register will be forwarded for consideration by the Keeper of the National Register. However, under federal rule, a statement of objection will not automatically preclude listing in the National Register of a property that is in public ownership.
(4) The coordinator shall conduct a substantive review of all proposed nominations and prepare written summary comments for presentation to the Committee. This review shall apply the National Register Criteria for Evaluation to the nomination, focusing on physical characteristics, integrity, the applicable criteria and context for evaluation. The coordinator shall make recommendations concerning the eligibility of properties proposed for nomination. These comments shall be retained in individual nomination files.
(5) Notification letters to property owners/proponents shall be prepared to confirm the action taken by the Committee on the review date. Separate form letters for approval, deferral, or denial shall be used. Approval letters may be accompanied by a list of needed supplemental documentation. Deferral or denial letters shall be accompanied by an explanation of why the action was deferred or denied and what steps might be taken to make a valid re-submission of the nomination, if any.
(6) Once forwarded to the Keeper of the National Register, nominations may be returned to the SHPO for additional information, or can be subject to a supplementary listing record that provides for minor technical corrections without return of the registration form.
(7) Formal notification of listing is sent to the affected property owner, with copies to the appropriate public officials and landmarks commissions. Notices are mailed to each owner of property in historic districts or in multiple property submissions.
Stat. Auth.: ORS 358.617
Stats. Implemented: ORS 358.565(3)
Hist.: PR 8-1991, f. & cert. ef. 6-13-91; PR 9-1995, f. 10-12-95,
cert. ef. 10-16-95; PRD 5-2002, f. & cert. ef. 4-10-02
736-050-0260
Committee Procedures for Review and Approval of Nominations to the National Register
(1) The Committee shall review all National Register nominations meeting the documentation requirements of the National Park Service and shall recommend to the SHPO whether or not each nomination meets the National Register Criteria for Evaluation.
(2) Due dates for receipt of nominations are not less than 80 days prior to a scheduled meeting and are published in the Handbook.
(3) Neither the SHPO nor the Committee chairman shall entertain a request to add a nomination proposal to a closed agenda unless both the property owner(s) and head of the affected local jurisdiction(s) waive the normal commenting period.
(4) During Committee meetings, the nominations coordinator or other SHPO staff shall present a summary statement to introduce the nomination proposal, using slides for illustration and noting any written comments received prior to the meeting. Staff shall recite the criteria under which the nomination proposal is appropriately evaluated and shall provide recommendations concerning eligibility of the nominated property.
(5) Members of the Committee shall disclose and act upon actual or potential conflicts of interest in accordance with state law, and shall avoid even the appearance of conflict of interest. Conflict of interest is described as any action taken by a Committee member in the course of Committee business that results in, or might result in a direct pecuniary benefit or detriment to the Committee member, to a member of the Committee member's household, or to the Committee member's business as defined by statute (ORS 244). As this relates to meetings of the Committee the following applies:
(a) A member shall publicly announce an actual or potential conflict-of-interest prior to any Committee action on the matter in conflict but need not disclose any monetary value involved. The member shall disclose the nature of the conflict. Each member is responsible for ascertaining and disclosing his or her respective actual or potential conflicts-of-interest, but not conflicts of other members;
(b) In order to avoid even the appearance of conflict-of-interest in the conduct of the Committee's affairs, each member shall publicly announce the existence of any circumstances that might appear to a reasonable person to pose an actual or potential conflict-of-interest as that term is defined in this rule. Upon such disclosure, the remaining members shall determine on a case-by-case basis by a majority vote whether the appearance of a conflict exists;
(c) A member having an actual or potential conflict of interest, as confirmed by vote of the Committee, may not vote concerning the matter in conflict and must absent himself or herself from the meeting during the discussion, review, scoring of, and voting on the matter in apparent conflict. If removal of a member(s) from discussion and voting would result in loss of a quorum, as defined by statute, the members(s) shall not withdraw and shall vote. If a quorum is present, a majority vote of the five-member quorum or a majority vote of the remaining members voting, whichever is greater, shall be required to approve an action;
(d) The nature of any actual, potential, or apparent conflict of interest disclosed by a committee member and the disposition of the matter in conflict by the committee shall be recorded in the meeting's minutes.
(6) In order to avoid even the appearance of conflict-of- interest in the conduct of the Committee's affairs, a member shall not:
(a) State or imply that he or she is able to influence any action by the Committee;
(b) Accept anything of value from any person when the member knows or should know, or that it may be perceived by the public, that it is for the purpose of influencing his or her action as a Committee member;
(7) Failure to observe conflict-of-interest provisions of this rule shall be considered due cause for the State Historic Preservation Officer to recommend the Governor's request for a member's resignation.
(8) In regard to historic district or multiple property submissions, the following applies:
(a) The chairman may, at his or her option, assign a Committee member to monitor the progress of each historic district or multiple property nomination. Members responsibilities in this regard can include: Meeting with the proponents or consultants, inspecting properties (with owner consent) and proposed boundaries, or review of draft nomination documents;
(b) The proponent shall present a draft of the nomination to the Committee at a regularly scheduled meeting of the Committee. At that time, the proponent shall provide the justification for and geographic scope of the proposed nomination and an overview of the contributing and non-contributing resources within the district or property group using slides for illustration. The proponent may report on such other aspects of the work in progress as may be appropriate or called for by the Committee;
(c) The Committee may approve a district or multiple property nomination at its first reading, or choose to hold over the district or multiple property nomination to a subsequent meeting.
(9) Once staff has presented a nomination, the chairman shall call for comments from the proponent, opponent or other interested parties present. The total time allowed for testimony shall be determined by the chair.
(10) The SHPO and DSHPO may participate in discussion of a nomination, but shall not be voting members of the Committee.
(11) Members of the Committee should not abstain from voting except on a matter involving conflict of interest, in which case the reason for abstention will have been disclosed.
(12) A nomination for which approval has been denied may be reconsidered by the Committee at a later meeting if the proponent has resolved the objections or deficiencies in a revised nomination. The reason(s) for the Committee's vote to deny approval can be explained or reviewed for the proponent at the meeting, or relayed to the proponent in writing after the meeting.
(13) Pursuant to 36 CFR 60.12, a proponent or local government may appeal directly to the Keeper of the National Register to evaluate a nomination for which a recommendation has been denied by vote of the Committee. An appeal to the Keeper also may be made, for any Committee-recommended property which the State Historic Preservation Officer has failed to nominate to the National Register.
(14) If the Committee has recommended nomination of a property and the property owner (or majority of owners of property within a district or multiple property group) has objected to the nomination by notarized statement pursuant to 36 CFR 60.6(s), the registration form nonetheless should be forwarded to the Keeper of the National Register for a Determination of Eligibility. A property determined eligible is not listed in the National Register, and the property may not be listed until the Keeper receives a notarized statement from the property owner(s) that he or she (or they) no longer objects to listing.
(15) Nominations of federally-owned property which are submitted to the State Historic Preservation Officer for a signature of concurrence in accordance with federal Executive Order 11593 may be reviewed by the Committee following normal procedures or may be deferred to the next regular meeting. In such cases, the Committee shall vote on whether or not the property meets the criteria of the National Register and the nomination should have the State Historic Preservation Officer's signature of concurrence.
Stat. Auth.: ORS 358.617
Stats. Implemented: ORS 358.622(2)
Hist.: PR 8-1991, f. & cert. ef. 6-13-91; PR 9-1995, f. 10-12-95,
cert. ef. 10-16-95; PRD 5-2002, f. & cert. ef. 4-10-02
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