North Carolina Administrative Code

07 NCAC 04R .0924 STANDARDS FOR REHABILITATION (a) The SHPO shall evaluate applications for certifications of rehabilitation pursuant to the Standards of Rehabilitation as provided in 36 C.F.R. 67.7(a) – (d) and (f). For purposes of this Rule, references in these C.F.R. sections …

07 NCAC 04R .0925 FEES FOR PROCESSING REHABILITATION CERTIFICATION REQUESTS (a) Upon submission of the application for a certification of rehabilitation, applicants for income-producing and non-income-producing rehabilitation certificates shall pay a fee in accordance with this R…

07 NCAC 04R .0926 COORDINATION WITH THE FEDERAL INCOME-PRODUCING HISTORIC PRESERVATION REHABILITATION PROGRAM History Note: Authority G.S. 105-129.100; 105-129.102; Temporary Adoption Eff. January 1, 2016; Temporary Rule Expired Eff. October 11, 2016.

SECTION .1000 - EXPLORATION: RECOVERY: AND SALVAGE 07 NCAC 04R .1001 OWNERSHIP BY STATE History Note: Authority G.S. 121-22; 121-23; 143B-62(1)g,(3); Eff. February 1, 1985; Repealed Eff. June 1, 1989.

SECTION .1400 - HISTORIC PRESERVATION AND CONSERVATION AGREEMENTS 07 NCAC 04R .1401 GRANTOR-GRANTEE SPECIFICATIONS (a) The grantor of a preservation or conservation agreement may be any individual, public or private agency, institution, or organization owning an archaeologically,…

07 NCAC 04R .1402 AGREEMENT CONDITIONS (a) The specific conditions, clauses, specifications, and terms of a preservation or conservation agreement shall be determined through negotiation between the grantor and grantee. (b) If the state is a party to the agreement, terms addressi…

07 NCAC 04R .1403 SPECIAL PROVISIONS FOR ARCHAEOLOGICAL SITES Preservation or conservation agreements entered into by the state for sites or landscapes containing or encompassing archaeological materials shall also address the following: (1) procedures, limitations, and processes…

07 NCAC 04R .1404 TRANSFERRAL OF PRESERVATION OR CONSERVATION AGREEMENTS (a) A preservation or conservation agreement may be transferred from the original grantee to subsequent grantees with the written consent of the grantor and grantee. (b) Alterations, modifications, or additi…

07 NCAC 04R .1503 VISITATION POLICY (a) The Survey and National Registry Branch is the repository of photographs, field notes, research reports, drawings, National Register of Historic Places nominations, maps, computer databases, and other materials related to the North Carolina…

SECTION .1600 – ARCHAEOLOGICAL PERMITS 07 NCAC 04R .1601 DEFINITIONS The following definitions, as well as the definitions set forth in G.S. 70-12, shall apply to Section .0800 and this Section, unless otherwise indicated: (1) "Abandoned shipwrecks" means sunken vessels, ships, b…

07 NCAC 04R .1602 ARCHAEOLOGICAL INVESTIGATIONS ON STATE LANDS (a) Any person conducting archeological investigations on State lands or Abandoned shipwrecks shall obtain a permit. Upon consultation with the Department of Administration and subject to the criteria and discretion s…

07 NCAC 04R .1603 APPLICATION FOR ARCHAEOLOGICAL PERMITS (a) General Permit. Applications for a land controlling agency shall include the following information: (1) a written description of the lands controlled by the agency, including the county and township; (2) a description o…

07 NCAC 04R .1604 REQUIREMENTS FOR AND ISSUANCE OF PERMITS (a) Applicants for permits to conduct archaeological investigations shall certify on the application that they: (1) have a postgraduate degree, or equivalent training and experience, in archaeology, anthropology, history,…

07 NCAC 04R .1605 DURATION, EXTENSION, AND RENEWAL OF PERMITS (a) A Permit issued under this Section shall be extended or renewed in accordance with this Rule. Requests to extend or renew a Permit shall be submitted in writing to the State Archaeologist. The requests shall includ…

07 NCAC 04R .1606 TERMS AND CONDITIONS OF PERMITS (a) All permits shall specify: (1) the nature and extent of the investigations allowed under the permit, including the time, duration, scope, location, and purpose of the investigations; (2) the name of the individual responsible …

07 NCAC 04R .1607 PERMIT DENIAL, SUSPENSION AND REVOCATION (a) A permit may be denied if the State Archeologist finds that: (1) the proposed investigations would represent an adverse effect, as defined in 36 C.F.R. 800.5(a)(1), to a unique or fragile natural resource, such as end…

07 NCAC 04R .1609 EMERGENCY ARCHAEOLOGICAL INVESTIGATIONS (a) Emergency archaeological investigations on State lands or Abandoned shipwrecks shall not require a Permit. Emergency archaeological investigations shall include any unforeseen discovery of artifacts or records found du…

07 NCAC 04R .1611 REPORTING REQUIREMENTS FOR GENERAL PERMITS; REVIEW (a) Reports of archaeological investigations conducted under the terms of a General Permit shall be submitted to the State Archaeologist (OSA). (b) Final reports concerning archaeological investigations and emer…

07 NCAC 04R .1612 REPORTING REQUIREMENTS FOR SPECIFIC PERMITS; REVIEW (a) Permittees shall prepare and submit to the State Archaeologist and the head of the land-controlling agency reports for all archaeological investigations conducted under Specific Permits in accordance with t…

07 NCAC 04R .1613 CUSTODY OF RESOURCES UNDER TERMS OF PERMITS (a) The archaeological resources that are collected, excavated, or removed from State lands or Abandoned shipwrecks and related records and data shall remain the property of the State of North Carolina. (b) The locatio…

07 NCAC 04S .0104 VISITATION RULES (a) Eating and chewing gum are not permitted in the Tryon Palace Restoration exhibition buildings. With prior approval of the Chief, Tryon Palace Section, refreshments may be served within the exhibition area for special events and meetings. (b)…

07 ncac 04s .0105 USE OF THE AUDITORIUM (a) All use of the auditorium by outside groups needs the approval of the Chief, Tryon Palace Historic Sites and Gardens Section. (b) Application for use must be presented to and approved by the Chief, Tryon Palace, Historic Sites and Garde…

07 ncac 04s .0106 RESEARCH With written permission of the Chief, Tryon Palace Historic Sites and Gardens, research may be conducted during regular hours of operation. The Chief, Tryon Palace Historic Sites and Gardens, shall grant permission if the research is conducted by academ…

07 ncac 04s .0110 OPERATION Rules 07 NCAC 04N .0101-.0108 shall apply to the operation of the Tryon Palace Historic Sites and Gardens, unless otherwise covered in Subchapter 04S. History Note: Authority G.S. 121-4(8),(9); 143B-62(2)d; Eff. November 1, 1989; Amended Eff. April 1, …

SUBCHAPTER 04T - HIGHWAY HISTORICAL MARKER PROGRAM SECTION .0100 – HIGHWAY HISTORICAL MARKER PROGRAM 07 NCAC 04T .0101 DEFINITIONS The following definitions apply in this Subchapter: (1) "Committee" means the Highway Historical Marker Advisory Committee. The committee establishes…

07 NCAC 04T .0102 MEMBERSHIP AND OFFICERS OF COMMITTEE (a) The committee is composed of ten members of the academic community in four-year colleges or universities who are expert North Carolina historians. Committee members meet generally twice a year. They are appointed by the S…

07 NCAC 04T .0103 ERECTION OF HIGHWAY MARKERS (a) No state highway historical marker under the North Carolina Highway Historical Marker Program shall be erected without the approval of the committee. (b) All proposals for new markers shall be submitted in writing to: Research Sup…

07 NCAC 04T .0104 CRITERIA (a) All highway historical markers shall designate places, events, or persons of statewide historical significance. Historical Significance shall mean any person, place, or event of the past that has been recorded, documented, or recognized in a primary…

07 NCAC 04T .0105 PLACEMENT OF MARKERS (a) Highway historical markers shall be placed at the authentic site where possible, or placed to direct travelers to the site. (b) The committee may reject a proposed marker because of unsuitability of the site, or choose an alternate locat…

07 NCAC 04T .0106 INSCRIPTION AND ERECTION (a) The title or heading of the highway historical marker shall consist of one or two lines with approximately 16 letters and spaces per line. The text will consist of not more than five lines, each line to be approximately 23 letters an…

07 NCAC 04T .0107 CORRECTIONS TO MARKERS (a) The committee shall correct or update markers which are outdated because of new information, disappearance of structures, or relocation of highways. The Department of Cultural Resources shall arrange for the relocation or correction. (…

07 NCAC 04V .0105 OUTER BANKS HISTORY CENTER SEARCH ROOM REGULATIONS History Note: Authority G.S. 121-4(3); 121-4(14); 121-5(d); 143B-62(2)a.; Eff. June 1, 1990; Repealed Eff. June 1, 2014.

07 NCAC 05 .0103 ADDRESS History Notes: Authority G.S. 143B-73; Eff. February 1, 1976; Readopted Eff. December 1, 1977; Amended Eff. September 1, 2006; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2017; Amended Eff. January 1, 2…

07 NCAC 05 .0203 ADMISSION PRICES History Note: Authority G.S. 143B-73; Eff. February 1, 1976; Readopted Eff. December 1, 1977; Amended Eff. January 1, 1993; January 1, 1990; June 1, 1989; February 1, 1987; Temporary Amendment Eff. January 1, 1997; Amended Eff. April 1, 1997; Tem…

07 NCAC 05 .0204 SOUND AND LIGHT SHOW History Note: Authority G.S. 143B-73; Eff. February 1, 1976; Readopted Eff. December 1, 1977; Amended Eff. January 1, 1990; June 1, 1989; February 1, 1987; January 1, 1984; Repealed Eff. April 1, 1997.

07 NCAC 05 .0205 SITE RULES Rules .0102 and .0103 of 07 NCAC 04N .0100 shall apply to property owned, operated, or administered by the U.S.S. North Carolina Battleship Commission. Copies of these rules are available for copying costs and postage from the Secretary of Cultural Res…

07 NCAC 05 .0206 GIFT SHOP History Note: Authority G.S. 143-366; 143B-73; Eff. February 1, 1976; Readopted Eff. December 1, 1977; Amended Eff. January 1, 1984; Expired Eff. August 1, 2017 pursuant to G.S. 150B-21.3A.

07 NCAC 05 .0207 PARKING LOT The use of the parking lot, picnic shelter, picnic grove and grandstand is restricted to those interested in visiting and viewing the battleship memorial. Its use for overnight parking is prohibited. History Note: Authority G.S. 143-362; 143B-73; Eff.…

07 NCAC 05 .0208 TOUR ROUTES Tour routes for viewing the battleship are established by the Director of the memorial and are intended to provide the most comprehensive viewing of the battleship. Normal routes may be varied from time to time because of weather conditions or mainten…

07 NCAC 05 .0209 DISABLED VISITORS Persons who by reason of age or physical or mental handicap are incapable of making their way about the ship in a safe manner shall be accompanied by an attendant. The safety of those persons incapable of assumption of responsibility or unable t…

07 NCAC 10 .0111 CITATION History Note: Authority G.S. 143B-111; 150B-11; Eff. February 4, 1976; Readopted Eff. December 1, 1977; Repealed Eff. June 1, 1989.

CHAPTER 11 - ROANOKE VOYAGES AND ELIZABETH II COMMISSION SECTION .0100 - GENERAL DEFINITIONS 07 NCAC 11 .0101 ADVERTISING OR ADVERTISEMENT Means any writing, printing, picture, painting, emblem, drawing, sign, flag or similar device which is posted or displayed outdoors on real p…

07 NCAC 11 .0102 ADVERTISING STRUCTURE Means any rigid, semi-rigid or portable material with or without any advertising displayed thereon, situated upon or attached to real property outdoors, primarily or principally for the purpose of furnishing a background or base or support u…

07 NCAC 11 .0103 COMMISSION Means the Roanoke Voyages and Elizabeth II Commission. History Note: Authority 1984 S.L., c. 1115, s. 1; Eff. February 1, 1987.

07 NCAC 11 .0104 CORRIDOR Right of way of U.S. Highway 64-264 and all lands within 660 feet back from and parallel to the right of way. For the purpose of these Regulations, the Corridor shall apply to the right of way of U.S. Highway 64-264 and all lands within 660 feet back fro…

07 NCAC 11 .0105 HIGHWAY U.S. Highway 64 and 264 on Roanoke Island between the William B. Umstead Memorial Bridge over Croatan Sound and the Washington Baum Bridge over Roanoke Sound. History Note: Authority 1981 S.L., c. 1194, s. 1(1)(a); Eff. February 1, 1987.

07 NCAC 11 .0106 OFF PREMISE Means away from the property or tract of land forming the subject of a conveyance or the house or building with the grounds and boundaries belonging to the tract. History Note: Authority 1981 S.L., c. 1194, s. 1(1)(a); Eff. February 1, 1987.

07 NCAC 11 .0107 SIGN Means any outdoor display, device, figure, painting, drawing, message, placard, poster, billboard, flag or any other thing which is designed, intended or used to advertise or inform; any part of the advertising or informative contents. History Note: Authorit…

07 NCAC 11 .0108 UTILITIES Utility facilities and/or utilities means and includes all privately, publicly or cooperatively owned lines, facilities and systems transmitting or distributing communications power, electricity, not connected with highway drainage, and other similar co…

07 NCAC 11 .0109 WORKING DAY Means any one 24 hour period from midnight to midnight on Mondays through Fridays exclusive of recognized national and state holidays. History Note: Authority 1984 S.L., c. 1115, s. 2(6); Eff. February 1, 1987.