94-089-815 Me. Code R. § 2

Current through 2024-36, September 4, 2024
Section 089-815-2 - DEFINITIONS

The following terms used in this rule shall be defined as below:

1. "Appraised Value" means an estimation of the current market value of a property. Appraised Value reports shall adhere to the Uniform Standards of Professional Appraisal Practices (USPAP).
2. "Carrying Costs" mean all expenses related to ownership of the Endangered Historic Property that will be incurred by the Qualified Organization prior to re-sale. These can include, but may not be limited to, expenses related to basic property maintenance (such as snow plowing, clearing snow from roofs, cleaning gutters, ensuring the property is secure from vandalism or break-in, etc.), real estate taxes, insurance, utilities, etc.
3. "Certified Real Estate Appraiser" means a certified general real property appraiser or a certified residential real property appraiser, as appropriate, who is licensed by the Maine Department of Professional and Financial Regulation.
4. "Commission" means the Maine Historic Preservation Commission as established in 27 MRSA §502.
5. "Conditions Study" means a formal report that presents an evaluation of the physical condition of the Endangered Historic Property, with a description of deteriorated areas and the cause(s) for the deterioration.
6. "Director" means the director of the Commission.
7. "Endangered Historic Property" or "EHP" means a district, site, building, structure or object which is listed in or is eligible for listing in the National Register of Historic Places, and which is subject to a threat that would substantially alter or destroy its historic or architecturally significant features or the historic property as a whole. Such properties may be listed or determined eligible for listing in the National Register either as individual properties, or as contributing resources within a listed or eligible historic district. When necessary, determinations of eligibility for individual properties and districts will be made by the Commission; based on criteria set forth in 36 CFR 60.4 and guidance issued by the National Park Service for applying the criteria.
8. "Inspection" means a visit by an authorized representative of the Director to a property for the purposes of reviewing and evaluating the significance of the building and the proposed, ongoing or completed rehabilitation work.
9. "Licensed Real Estate Professional" means a real estate broker, an associate real estate broker or a real estate sales agent, as appropriate, who is licensed by the Maine Department of Professional and Financial Regulation.
10. "National Register of Historic Places" or "National Register" means the official Federal list 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 Section 101(a)(1) of the National Historic Preservation Act of 1966, as amended.
11. "Preservation Easement or Covenant" means an agreement legally binding the current and future owners to preserve the subject property in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties for a defined period of time or in perpetuity, as appropriate.
12. "Qualified Nonprofit Historic Preservation Organization" or "Qualified Organization" (QO) means either a nonprofit preservation or historical organization whose purposes include the preservation of historic properties, or a governmental body. A qualified organization must also demonstrate previous historic preservation, rehabilitation or acquisition activity; availability of staff with demonstrated professional training and experience in the administration of historic preservation programs; demonstrated experience with and a working knowledge of the Standards; and experience with the acquisition and resale of historic property.
13. "Rehabilitation" as defined by the Secretary of the Interior's Standards for Rehabilitation, means the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values.
14. "Stabilization" means the act or process of applying measures designed to reestablish a weather resistant enclosure and the structural stability of an unsafe or deteriorated property while maintaining the essential form as it exists at present. For archeological sites it includes work to moderate, prevent, or arrest erosion.
15. "Standards for the Treatment of Historic Properties" or "Standards" means the United States Secretary of the Interior's Standards for the Treatment of Historic Properties codified as 36 CFR 68 in the July 12, 1995 Federal Register (Vol. 60, No. 133).

94-089 C.M.R. ch. 815, § 2