North Carolina Administrative Code

07 NCAC 04P .0112 PRINTING AND SETTING OF COSTS Printing contracts are worked out through and are subject to the Division of Purchase and Contract, Department of Administration, in accordance with law. Publications of the Division of Archives and History shall be offered for sale…

07 NCAC 04P .0113 DISCOUNTS AND CREDITS (a) Discounts on publications shall be offered to dealers, institutions, and organizations buying for resale to the public; to members of the North Carolina Literary and Historical Association; and to such other individuals or groups as are…

CHAPTER 4 - DIVISION OF ARCHIVES AND HISTORY SUBCHAPTER 4Q - STATE CAPITOL/VISITOR SERVICES SECTION SECTION .0100 - GENERAL RULES 07 NCAC 04Q .0101 STATEMENT OF PURPOSE History Note: Authority G.S. 121-4(9); 121-9(h); 143B-62(2)d; Eff. February 1, 1985; Pursuant to G.S. 150B-21.3…

07 NCAC 04Q .0102 VISITING HOURS (a) The State Capitol and the Capital Area Visitor Center will be open Monday through Friday from 8:00 a.m. to 5:00 p.m., on Saturday from 9:00 a.m. to 5:00 p.m., and on Sunday from 1:00 p.m. to 5:00 p.m. (b) The State Capitol and the Capital Area…

07 NCAC 04Q .0103 MINIMUM AGE FOR VISITORS History Note: Authority G.S. 121-4(9); 121-9(h); 143B-62(2)d; Eff. February 1, 1985; Expired Eff. August 1, 2015 pursuant to G.S. 150B-21.3A.

07 NCAC 04Q .0104 TOURS (a) All tours of the Executive Mansion and guided tours of the Capitol shall be scheduled through the Capital Area Visitor Center. Visitors not scheduled in advance of arrival may receive tours after first priority has been given to scheduled guided tours,…

07 NCAC 04Q .0105 USE OF FACILITIES (a) No meeting or activity shall be held in the second or third floor or any first floor public areas of the State Capitol or in the Capital Area Visitor Center without the approval of the Chief, State Capitol/Visitor Services Section, or desig…

07 NCAC 04Q .0106 RESTRICTIONS AND CONDITIONS (a) Smoking and eating shall not be permitted in the State Capitol legislative chambers and the second and third floor public areas unless approved in advance by the Chief, State Capitol/Visitor Services Section. (b) Pets are not perm…

07 NCAC 04Q .0107 ACQUISITION: USE: CARE: AND DISPOSAL OF ARTIFACTS Procedures for acquisition, use, care, and disposal of artifacts by the State Capitol/Visitor Services Section shall be the same as those used by the North Carolina Museum of History and contained in Subchapter 4…

SECTION .0200 - PROGRAMS AND ASSISTANCE 07 NCAC 04Q .0201 VOLUNTEER PROGRAMS Volunteer docents, tour guides, receptionists, and workers in other activities of the section shall be required to satisfactorily complete training programs based on one or more of the following training…

SUBCHAPTER 04R - ARCHAEOLOGY AND HISTORIC PRESERVATION SECTION SECTION .0100 - GENERAL RULES 07 NCAC 04R .0101 STATEMENT OF PURPOSE History Note: Authority G.S. 150B-10; Eff. February 1, 1985; Amended June 1, 1989; Pursuant to G.S. 150B-21.3A, rule is necessary without substantiv…

SECTION .0200 - ENVIRONMENTAL REVIEW 07 NCAC 04R .0201 PURPOSE History Note: Authority G.S. 113A-4(2); 121-8; 121-9; 121-12(a); 121-23; 143B-62; 42 U.S.C. 4321; 54 U.S.C. 302301; 302303; 36 C.F.R. 800; Eff. February 1, 1985; Amended Eff. June 1, 1989; Pursuant to G.S. 150B-21.3A,…

07 NCAC 04R .0202 DEFINITIONS The following definitions apply to this Subchapter unless otherwise indicated within the Rules: (1) "Adverse Effect" is defined as in 36 C.F.R. 800.5(a)(1). (2) "Area of Potential Effects" is defined as in 36 C.F.R. 800.16(d). (3) "Effect" is defined…

07 NCAC 04R .0203 SUBMISSIONS FOR REVIEW (a) All persons proposing an undertaking as defined in Rule .0202(8) of this Section shall submit a written request in writing to the HPO containing the following information: (1) a description of the project location; (2) a description of…

07 NCAC 04R .0206 PROCEDURES FOR STATE UNDERTAKINGS AFFECTING A NATIONAL REGISTER-LISTED PROPERTY (a) This Rule shall apply to State-involved undertakings affecting property listed in the National Register of Historic Places. National Register-listed properties may be identified …

SECTION .0300 - NATIONAL REGISTER: PLAN 07 NCAC 04R .0301 NATIONAL REGISTER ADVISORY COMMITTEE (a) The SHPO shall appoint 12 members to the National Register Advisory Committee (NRAC), which serves as the State historic preservation review board required by 54 U.S.C. 302301(2). T…

07 NCAC 04R .0302 PUBLIC SUGGESTIONS FOR NATIONAL REGISTER History Note: Authority G.S. 121-8(b); 143B-62(1),(3); Eff. February 1, 1985; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 26, 2015; Repealed Eff. June 1, 2017.

07 NCAC 04R .0303 NATIONAL REGISTER STUDY LIST (a) The Study List process is a formal screening process used to determine a property's likelihood of qualifying for the National Register. Placement on the Study List means the further study of the property's integrity and significa…

07 NCAC 04R .0304 NATIONAL REGISTER NOMINATIONS (a) An applicant who wishes to have a property nominated to the National Register shall submit a draft nomination in writing by mail to the address in Rule .0301(c) of this Section. Nomination forms are available at www.nps.gov/nr/p…

07 NCAC 04R .0305 NATIONAL REGISTER NOMINATION PRIORITIES History Note: Authority G.S. 121-8(b); 143B-62(3); 36 C.F.R. 60.11; Eff. February 1, 1985; Amended Eff. June 1, 1989; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 26, 2015; R…

SECTION .0500 - HISTORIC PRESERVATION COMMISSIONS 07 NCAC 04R .0501 REVIEW OF COMMISSION REPORTS Local governments, municipal governing boards, local preservation commissions, historic district commissions, and landmark commissions shall submit requests for review of reports purs…

07 NCAC 04R .0502 CERTIFICATES OF APPROPRIATENESS (a) Local preservation commissions, in their discretion, may seek the advice of the Department of Natural and Cultural Resources when reviewing applications for Certificates of Appropriateness pursuant to G.S. 160A-400.9. Local pr…

07 NCAC 04R .0503 REVIEW OF APPEALS (a) The State of North Carolina and its agencies may appeal decisions of local preservation commissions to the North Carolina Historical Commission. Agencies shall submit requests for appeals to the Chairman, North Carolina Historical Commissio…

07 NCAC 04R .0504 ADEQUATE INFORMATION History Note: Authority G.S. 160A-395(2); 160A-397; 160A-398.1; 160A-399.5(2); 160A-399.6; Eff. February 1, 1985; Amended Eff. June 1, 1989; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 26, 201…

SECTION .0600 – DESIGNATION OF HISTORIC PROPERTIES UNDER THE STATE BUILDING CODE 07 NCAC 04R .0601 STATEMENT OF PURPOSE History Note: Authority G.S. 121-8; Building Code Authority Chapter 10, Sec. 1009.1(a)(1), 1010.1(a)(1); Eff. February 1, 1985; Pursuant to G.S. 150B-21.3A, rul…

07 NCAC 04R .0602 GENERAL APPLICATION PROCESS; CRITERIA FOR DESIGNATION (a) Applications for designation of buildings as "historic buildings" as provided in 2012 North Carolina Rehab Code, Sec. 1.33 and 2015 North Carolina Existing Building Code, Chapter 2, Sec. 202 may be obtain…

07 NCAC 04R .0605 DOCUMENTATION REQUIRED Applicants for "historic building" determinations shall include the following information and documentation in addition to the applicant's contact information: (1) An application for a building individually listed in the National Register …

07 NCAC 04R .0606 APPEALS PROCEDURE History Note: Authority G.S. 121-8(a),(c), and (f); 143B-62; Building Code Authority Chapter 1009.1(a)(1), 1010.1(a)(1); Eff. February 1, 1985; Amended Eff. June 1, 1989; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public…

SECTION .0700 - ARCHAEOLOGICAL RESOURCES PROTECTION ACT 07 NCAC 04R .0701 PURPOSE History Note: Authority G.S. 70-10 through 70-20; Eff. February 1, 1985; Repealed Eff. June 1, 1989.

07 NCAC 04R .0719 ADDITIONAL REQUIREMENTS FOR A GENERAL PERMIT History Note: Authority G.S. 70-13(c); 70-14; Eff. February 1, 1985; Repealed Eff. June 1, 1989.

SECTION .0800 – ARCHAEOLOGY SERVICES 07 NCAC 04R .0801 OPERATING HOURS History Note: Authority G.S. 121-5(b); 121-8(b),(f); Eff. February 1, 1985; Amended Eff. April 1, 2001; Repealed Eff. June 1, 2017.

07 NCAC 04R .0802 DISPOSITION OF ARTIFACTS; LOANS (a) Accessioned archaeological artifacts shall not be deaccessioned unless they have been certified by the North Carolina Historical Commission to have no further value for scientific research and reference purposes. The Commissio…

07 NCAC 04R .0803 CURATION OF ARCHAEOLOGICAL COLLECTIONS (a) All requests to store archaeological, archival, and photographic collections at OSA curation facilities shall be submitted in writing to the State Archaeologist. All requests shall include: (1) a declaration or statemen…

SECTION .0900 - TAX ACT CERTIFICATION REVIEW 07 NCAC 04R .0901 PURPOSE The State Historic Preservation Officer (SHPO) is responsible for making substantive judgments as to whether a structure meets the criteria for listing in the National Register of Historic Places or the "Secre…

07 NCAC 04R .0902 DEFINITIONS (a) "Certified Historic Structure" means a structure which is of a character subject to the allowance for depreciation provided in Section 167 of the Internal Revenue Code of 1954, as amended, which is either listed in the National Register or locate…

07 NCAC 04R .0903 APPLICATIONS FOR CERTIFICATIONS (a) The owner of the property in question may apply for: (1) an evaluation of significance of rehabilitation work; (2) a determination whether or not a particular structure located within a registered historic district qualifies a…

07 NCAC 04R .0904 REVIEW ASSISTANCE AND PROCEDURES (a) The SHPO through the Tax Act Coordinator reviews all certification applications and makes comments and recommendations to the secretary through the regional office of the National Park Service. (b) Survey specialists will rev…

07 NCAC 04R .0905 CERTIFICATION (a) Requests for evaluation of historic significance should be made by the owner to determine whether or not a structure located within a registered historic district contributes to the significance of the district. (b) If the property is individua…

07 NCAC 04R .0906 CERTIFICATION OF REHABILITATION Property owners desirous of having rehabilitations of certified historic structures qualified as "certified rehabilitations" shall comply with the following procedures: (1) Complete Part 2 of the Historic Preservation Certificatio…

07 NCAC 04R .0907 APPEALS (a) Except as otherwise noted in this Rule, an appeal by the owner or duly authorized representative, as appropriate, may be made from any of the certifications or denials of certification made pursuant to this Section. Such appeals must be in writing an…

07 NCAC 04R .0908 TIME PERIODS History Note: Authority G.S. 121-8; 26 U.S.C. 46-48; 26 U.S.C. 170; 26 U.S.C. 191; 26 C.F.R. Part 1; 36 C.F.R. 67; Eff. February 1, 1985; Amended Eff. June 1, 1989; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest E…

07 NCAC 04R .0909 SCOPE OF RULES AND OVERVIEW OF STATUTORY AUTHORITY (a) Rules .0901 - .0908 of this Section relate to recommendations made by the State Historic Preservation Officer (SHPO) to the Secretary of the Interior in connection with federal tax incentives involving the r…

07 NCAC 04R .0916 FEES FOR PROCESSING REHABILITATION CERTIFICATION REQUESTS History Note: Authority G.S. 105-129.35; 105-129.36A; Eff. November 1, 2004; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 26, 2015; Expired Eff. August 1, 2…

07 ncac 04R .0917 COORDINATION WITH THE FEDERAL INCOME-PRODUCING HISTORIC PRESERVATION REHABILITATION PROGRAM (a) A taxpayer is not required to apply for or pay the state fee for reviewing an income-producing rehabilitation certification request if the taxpayer is not going to ut…

07 NCAC 04R .0918 purpose (a) Rules .0918 - .0925 of this Section set forth the procedures for obtaining certifications for the state historic rehabilitation tax credits for qualifying rehabilitation expenditures and rehabilitation expenses incurred on or after January 1, 2016 pu…

07 NCAC 04R .0919 DEFINITIONS (a) For purposes of Rules .0918 through .0925 of this Section: (1) "Certified historic district" is defined in 36 C.F.R. 67.2 and 26 USCS 47. (2) "Certified historic structure" is defined in 36 C.F.R. 67.2 and 26 U.S.C. Section 47. (3) "Certified reh…

07 NCAC 04R .0920 applications (a) An owner, or a person with the owner's consent in accordance with 36 CFR 67.3(a)(1), (4), and (5), may apply for a state historic tax credit. Tax credits for rehabilitating income-producing historic structures shall only be available to applican…

07 NCAC 04R .0921 CERTIFICATIONS OF HISTORIC SIGNIFICANCE (a) Part A of applications provided in accordance with Rule .0920 of this Section shall be evaluated by the SHPO and the HPO to determine if the property qualifies for a certification of historic significance. In accordanc…

07 NCAC 04R .0922 STANDARDS FOR EVALUATING SIGNIFICANCE WITHIN NATIONAL REGISTER OR CERTIFIED HISTORIC DISTRICTS (a) A property shall be determined to be historically significant by the SHPO if it meets one of the following requirements: (1) The property is located within a Natio…

07 NCAC 04R .0923 CERTIFICATIONS OF REHABILITATION (a) A taxpayer shall obtain a certification of rehabilitation to claim a tax credit for rehabilitating an income-producing historic structure or a non-income producing historic structure. Applicants seeking certifications of reha…