07 NCAC 04R .0910          DEFINITIONS

For purposes of Rules .0909 through .0916 of this Section, the following definitions shall apply:

(1)           "Certification" means the process established by these Rules to determine the historic significance of properties within National Register or certified historic districts as well as to approve proposed and completed rehabilitation work.

(2)           "Certified Historic District" means any district which is: 

(a)           designated under a local ordinance which has been certified by the Secretary of the Interior as containing criteria which will substantially achieve the purpose of preserving and rehabilitating buildings of historic significance to the district; and

(b)           certified by the Secretary of the Interior as meeting substantially all of the requirements for the listing of districts in the National Register of Historic Places.

(3)           "Certified Historic Structure" means a structure which is either: 

(a)           individually listed in the National Register of Historic Places; or

(b)           located in a National Register or certified historic district and certified by the SHPO as being of historic significance to the district. 

Portions of larger buildings, such as single condominium apartment units, shall not be considered to be individual structures.  Rowhouses, even with abutting or party walls, shall be considered as separate buildings.  For purposes of the certification decisions set forth in these Rules, a certified historic structure encompasses the historic building and its site, landscape features, and environment, generally referred to herein as a "property" as defined in this Rule.

(4)           "Department of the Interior" means the United States Department of the Interior.

(5)           "Historic District" means a geographically definable area, urban or rural, possessing a significant  concentration, linkage or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical development.  A district may also comprise individual elements separated geographically but linked by association or history.

(6)           "Inspection" means a visit by the HPO to a historic structure for the purposes of reviewing and evaluating the significance of the structure and the proposed, ongoing, or completed rehabilitation work.

(7)           "National Park Service" (NPS) means the division within the United States Department of the Interior responsible for administering national parks and historic preservation programs.

(8)           "National Register Historic District" means any district listed in the National Register of Historic Places.

(9)           "National Register Nomination" means the documentation for a resource that includes the National Register Nomination Form NPS 10-900 with accompanying continuation sheets, maps, and photographs and that is prepared in accord with requirements and guidance in the NPS publication How to Complete the National Register Registration Form:  Bulletin 16A and in other NPS technical publications on the subject.

(10)         "National Register of Historic Places" means the official federal roster of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, engineering, and culture that the Secretary of the Interior is authorized to expand and maintain pursuant to the National Historic Preservation Act of 1966, as amended (often referred to as the "National Register").

(11)         "Owner" means a person, partnership, corporation, or public agency holding a fee-simple interest in a property or any other person or entity recognized by the North Carolina Department of Revenue for purposes of the applicable tax benefits.

(12)         "Property" means a building(s) and its site and landscape features.

(13)         "Rehabilitation" means the process of returning a building or buildings to a state of utility, through repair or alteration, which makes possible an efficient use while preserving those portions and features of the building and its site and environment which are significant to its historic, architectural, and cultural values as determined by the SHPO.

(14)         "Secretary of the Interior" means the Secretary of the United States Department of the Interior or the designee authorized to carry out his/her responsibilities.

(15)         "Standards for Rehabilitation" means the Secretary of the Interior's "Standards for Rehabilitation" as cited in the Code of Federal Regulations, 36 CFR 67.

(16)         "State Historic Preservation Office" (HPO) means the section within the North Carolina Division of Archives and History responsible for administering historic preservation programs.

(17)         "Structure" means something built or constructed such as a building or dam.  However, sites, landscapes, and objects do not qualify as structures.

 

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.