Rule 110-37-6-.05 - Certification of Historic Significance(1) Requests for certifications of historic significance should be made by the owner to determine: (a) That a property is individually listed in the Georgia Register of Historic Places; or(b) That a property for which individual listing in the Georgia Register is imminent appears, before the start of rehabilitation, to meet Georgia Register criteria and possess historic integrity; or(c) That a property is located within a Georgia Register-listed historic district and contributes, before the start of rehabilitation, to the historic significance of such district; or(d) That a property is located within a potential historic district and appears, before the start of rehabilitation, to contribute to the significance of such district.(2) To determine whether or not a property is individually listed or is part of a Georgia Register-listed historic district, the owner should contact the Division. (a) Properties individually listed in the Georgia Register are generally considered a certified structure, however, completion in full of a Part A - Preliminary Certification, according to the instructions accompanying the application, is required for the purposes of this program.(b) Applications for preliminary determinations of significance for individual listing must show how the property individually meets the Criteria for Evaluation of Properties for the Georgia Register, Rule 110-37-6-.02. Submission of a substantially complete Historic Property Information Form in tandem with the Part A - Preliminary Certification is required. These forms are available from the Department. 1. Preliminary determination of significance by the Department does not constitute listing in the Georgia Register, nor does it constitute a certification of significance as required by law for state tax incentives under the Georgia State Income Tax Credit Program for Rehabilitated Historic Property.2. If the property is not listed in the Georgia Register for procedural, substantive or other reasons, or if the significance and/or integrity of the property has been lost as a result of alterations or damage, these preliminary determinations of significance will not become final.(c) Properties located within the boundaries of Georgia Register-listed historic districts must be certified as contributing to the historic significance of the district at the time of Part A application for the purposes of this program. Completion in full of the Part A - Preliminary Certification according to the instructions accompanying the application is required. 1. If the significance and/or integrity of the property is lost as a result of alterations or damage during rehabilitation, this certification of significance will be jeopardized.(d) An application for a property located in a potential historic district must document how the district meets the criteria and how the property contributes to the significance of that district. This documentation requires submission of a substantially complete Historic District Information Form in tandem with the Part A - Preliminary Certification. These forms are available from the Department. 1. Confirmation by the Department of intent to nominate a potential historic district does not constitute listing in the Georgia Register, nor does it constitute a certification of significance as required by law for state tax incentives under the Georgia State Income Tax Credit Program for Rehabilitated Historic Property.2. If the potential historic district is not listed in the Georgia Register for procedural, substantive or other reasons, or if the significance and/or integrity of the property has been lost as a result of alterations or damage, these preliminary determinations of significance will not become final.(e) A property that is within a Georgia Register-listed historic district but was constructed outside the period of significance or has no association with the areas of significance is usually considered non-contributing to the district. An application for a preliminary determination of significance for such a property could propose amendment of the district's Georgia Register listing. Such an application must document and justify expanded significance of the district and how the property contributes to the proposed expanded significance of the district. This documentation requires submission of a substantially complete Historic District Information Form in tandem with the Part A - Preliminary Certification. These forms are available from the Department. 1. Confirmation by the Department of intent to expand the significance of a historic district does not constitute listing in the Georgia Register, nor does it constitute a certification of significance as required by law for state tax incentives under the Georgia State Income Tax Credit Program for Rehabilitated Historic Property.2. If the district documentation is not formally amended, or if the significance and/or integrity of the property has been lost as a result of alterations or damage, these preliminary determinations of significance will not become final.3. For information on amending listings to the Georgia Register and additional information on the use of Georgia Register documentation, owners should contact the Division.(3) Some properties include more than one building. In such cases, the owner must submit a single Part A - Preliminary Certification, which includes descriptions of the condition and appearance of all the buildings on the property immediately prior to the start of rehabilitation work. The Department will utilize the Standards for Evaluating Significance, as set forth in Rule 110-37-6-.06, for the purpose of determining which of the buildings are of historic significance to the property.(4) The Department discourages the moving of historic buildings from their original sites. However, if a building is to be moved as part of a rehabilitation for which certification is sought, or if certification is sought for a building that has been relocated, the owner must follow different procedures depending on whether the building is individually listed in the Georgia Register or is within a Georgia Register-listed historic district. Moving a building may result in removal of the property from the Georgia Register or denial or revocation of a certification of significance; consequently, a moved building may, in certain circumstances, be ineligible for rehabilitation certification. Applicants should contact the Department for guidance regarding evaluations and certifications of historic significance for moved buildings or buildings that are proposed to be moved. (a) Moved buildings or buildings proposed to be moved are reviewed by the Department in accordance with Rule 110-37-6-.03.(5) Certifications of significance will be made based on documentation of the property's condition and appearance immediately prior to the start of rehabilitation work in accordance with Rule 110-37-6-.04.Ga. Comp. R. & Regs. R. 110-37-6-.05
O.C.G.A. § 48-7-29.8.
Original Rule entitled "Certification of Historic Significance" adopted. F.July 17, 2020; eff. August 6, 2020.