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34.04.05.00.htm 34.04.05.00. Title 34 DEPARTMENT OF PLANNING Subtitle 04 HISTORICAL AND CULTURAL PROGRAMS Chapter 05 Maryland Register of Historic Properties Authority: State Finance and Procurement Article, §5A-318(b)1) and (c)2) and 5A-323(b)2) Annotated Code of Maryland
34.04.05.01.htm 34.04.05.01. 01 General.. These regulations prescribe the policies, procedures, and requirements for the Maryland Historical Trust, an agency within the Department of Planning, to compile and maintain a Maryland Register of Historic Properties, as required by State Finance and Procurement Article, §5A-318(c)2) and 5A-323(b) Annotated Code of Maryland.
34.04.05.02.htm 34.04.05.02. 02 Objectives.. A. The objectives of these regulations are to create a Maryland Register of Historic Properties, to provide procedures for the Maryland Historical Trust to list properties on the Maryland Register of Historic Properties, and to determine whether properties are eligible for listing.B. Generally, properties will be listed on the Maryland Register of Historic Properties because they have been listed in, or determined eligible for listing in, the National R
34.04.05.03.htm 34.04.05.03. 03 Definitions.. A. In this chapter, the following terms have the meanings defined in the Act, if any, and, in addition, have the meanings indicated.B. Terms Defined.. 1) "Act" means State Finance and Procurement Article, §5A-318(c)2) and 5A-323, Annotated Code of Maryland.2) "Building" means a structure or historically related complex created to shelter any form of human activity.3) "Character" or "character of a property" means the physical features, setting, or contents of a p
34.04.05.04.htm 34.04.05.04. 04 Properties Included in the Maryland Register of Historic Properties.. A. The Director shall list on the Maryland Register of Historic Properties all properties that are:. 1) Included as Maryland properties on the National Register;. 2) Nominated to the Maryland Register of Historic Properties by the SHPO under Regulation .05 of this chapter; or3) Determined eligible for listing on the Maryland Register of Historic Properties under Regulation .06 or .09 of this chapter.
34.04.05.05.htm 34.04.05.05. 05 Listing by Nomination.. The SHPO shall nominate a property to the Maryland Register of Historic Properties if:. A. The SHPO nominates, renominates, or makes major revisions to a nomination of the property to the National Register; orB. A federal preservation officer has determined the property eligible for listing on the National Register and the SHPO has concurred in the determination.
34.04.05.06.htm 34.04.05.06. 06 Listing by Determination of Eligibility.. A. Initiating a Determination.. 1) A person may request that the Director evaluate a property for eligibility for the Maryland Register of Historic Properties when federal procedures may not permit a timely determination of eligibility of the property for the National Register.2) The Director may evaluate a property for eligibility for the Maryland Register of Historic Properties at any time that:a) The SHPO considers a r
34.04.05.07.htm 34.04.05.07. 07 Criteria.. A property is eligible for the Maryland Register of Historic Properties if it:. A. Is located in the State, or is a property described in Regulation .06A(2)h) of this chapter;. B. Possesses integrity of location, design, setting, materials, workmanship, and historic character and association;C. Qualifies because it:. 1) Is associated with:. a) Events that have made a significant contribution to the broad patterns of State history; or.
34.04.05.08.htm 34.04.05.08. 08 Removing Properties from the Maryland Register of Historic Properties.. A. The Director may remove a property from the Maryland Register of Historic Properties if the Director determines that the property:1) Was listed on the Maryland Register of Historic Properties in violation of the procedures established by these regulations; or2) If listed on the Maryland Register of Historic Properties under Regulation .04A(1) of this chapter, has been removed from the National Register.
34.04.05.09.htm 34.04.05.09. 09 Administrative Review.. A. A person may request that the Governor's Consulting Committee review the Director's determination of eligibility for compliance with:1) The criteria listed in Regulation .07 of this chapter; or. 2) The procedures under Regulation .06 of this chapter.. B. The request shall:. 1) Be made in writing;. 2) Be delivered to the chairman of the Governor's Consulting Committee and the Director within 30 days after the Director, in accordance with Regulati
34.04.05.10.htm 34.04.05.10. 10 Public Information.. A. The Director reserves the right to retain and distribute information obtained by the Director under these regulations for statistical, research, or educational purposes, subject to the provisions of the Maryland Public Information Act.B. If the information obtained by the Director under §A of this regulation relates to the location and character of a property and the Director determines under State Finance and Procurement Article, §5A-323(c) Annotated Code
34.04.05.11.htm 34.04.05.11. 11 Program Administration.. A. Operational Manuals. The Trust may establish from time to time operational handbooks or manuals relating to the Maryland Register of Historic Properties, including descriptive statements of procedures which do not affect directly the rights of, or the procedures available to, the public.B. Waiver. The Director may waive or vary particular provisions of these regulations if:.
34.04.05.9999.htm 34.04.05.9999. Administrative History Effective date: November 11, 1991 (18:22 Md. R. 2393). Regulation .06A amended effective December 25, 2000 (27:25 Md. R. 2279) ―. Chapter recodified from COMAR 05.08.05 to COMAR 34.04.05.
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