# COMAR 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

**Administrative History:** Effective date: November 11, 1991 (18:22 Md. R. 2393)

**Administrative History:** Regulation .06A amended effective December 25, 2000 (27:25 Md. R. 2279)

**Administrative History:** Chapter recodified from COMAR 05.08.05 to COMAR 34.04.05

#### Regulation .01 General.

*COMAR 34.04.05.01*

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.

#### Regulation .02 Objectives.

*COMAR 34.04.05.02*

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 Register of Historic Places under federal procedures. Other properties will be evaluated for eligibility for, and listed on, the Maryland Register of Historic Properties if the Maryland Historical Trust deems that the properties otherwise may be eligible for listing on the National Register but time or other circumstances will not permit evaluation or listing on the National Register under federal procedures.

#### Regulation .03 Definitions.

*COMAR 34.04.05.03*

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 property which contribute to eligibility of the property for listing on the Register.

  (4) “County” means the Mayor and City Council of Baltimore, or any of the 23 counties in the State.

  (5) “Director” means the Director of the Maryland Historical Trust.

  (6) “District” means a geographically defined area possessing a significant concentration, linkage, or continuity of sites, buildings, structures, monuments, or objects united by past events or aesthetically by plan or physical development, including individual elements separated geographically but linked by association or history.

  (7) “Exceptional importance” means supported by deliberate and distinct justification that the property exceeds the minimum criteria for eligibility for the Maryland Register of Historic Properties under Regulation .07, including, for example, being:

    (a) Related to an extraordinarily important event;

    (b) A rare survivor of a fragile property type;

    (c) The best representative of a historic context; or

    (d) A source of data superior to or different from that obtainable in any other source.

  (8) “Federal preservation officer” means the official designated by the head of each agency of the United States government to be responsible for coordinating that agency's activities under the National Historic Preservation Act, 16 U.S.C. §§470—470mm, as amended.

  (9) “Governor's Consulting Committee” means the Governor's Consulting Committee on the National Register of Historic Places that reviews nominations from Maryland to the National Register under the National Historic Preservation Act.

  (10) Historic Context.

    (a) “Historic context” means a systematic aggregation of information about properties for a specific geographic region, chronological or developmental period, and prehistoric or historic theme. Historic contexts describe one or more aspects of the historic development of an area and identify the significant historic patterns that individual properties represent.

    (b) “Historic context” includes those historic contexts developed in accordance with the State's historic preservation planning process set forth in the Maryland Comprehensive Historic Preservation Plan (June 1986), which is incorporated by reference, and particularly in Chapter IV and Appendices 3—6 of the Plan.

  (11) Historic Property.

    (a) “Historic property” means any district, site, building, structure, monument, or object significant in the prehistory, history, terrestrial or submerged archaeology, architecture, engineering, or culture of the State.

    (b) “Historic property” includes artifacts, records, and remains that are related to the properties referred to in this section.

  (12) “Internal Revenue Code” means 26 U.S.C., as amended.

  (13) “Local government” means any county, municipality, or other political subdivision of the State.

  (14) “Maryland Public Information Act” means State Government Article, §§10-611—10-628, Annotated Code of Maryland, as amended, and any regulations promulgated under that statute.

  (15) “Maryland Register of Historic Properties” means the Maryland Register of Historic Properties which is compiled and maintained by the Trust under the Act.

  (16) “Monument” means a construction made and erected to commemorate a person or event.

  (17) “Municipality” means any municipal corporation in the State subject to the provisions of Article XI-E of the Maryland Constitution.

  (18) “National Historic Preservation Act” means 16 U.S.C. §§470—470mm, as amended.

  (19) “National Register” means the National Register of Historic Places created and maintained under the National Historic Preservation Act.

  (20) “Object” means a material thing made or manipulated by man and of functional, aesthetic, cultural, historical, or scientific value, that by nature or design may be movable yet is related to a specific setting or environment.

  (21) “Owner” means the person or persons holding fee simple title to a property or the lessee or lessees of a property under a long-term ground lease as shown on current real property tax records.

  (22) “Person” means an individual, partnership, corporation, or federal agency, State unit, or local government.

  (23) “Property” means any district, site, building, structure, monument, or object.

  (24) “Property type” means a grouping of individual properties based on shared physical or associative characteristics.

  (25) “Secretary of the Interior” means the Secretary of the United States Department of Interior.

  (26) “Site” means the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself maintains historical or archeological value regardless of the value of any existing structure.

  (27) “State Historic Preservation Officer (SHPO)” means the official designated by the Governor to administer the State's historic preservation program and to perform the duties described in 36 CFR §61.4, including nominating properties to the National Register.

  (28) “State Submerged Artifact Register” means the State Submerged Artifact Register established under COMAR 34.04.03.14.

  (29) “State unit (unit)” has the meaning set forth in State Government Article, §11-101, Annotated Code of Maryland.

  (30) “Structure” means a construction made up of interdependent and interrelated parts in a definite pattern of organization.

  (31) “Substantial risk” means some objective likelihood that an event will occur.

  (32) “Trust” means the Maryland Historical Trust, an agency within the Division of Historical and Cultural Programs of the Department of Planning.

  (33) “Unit official” means the head of a State unit, or the duly authorized designee, requesting or responsible for, or with authority over, a specific undertaking or assisted undertaking for which the Trust has review authority under State Finance and Procurement Article, §§5A-325 and 5A-326, Annotated Code of Maryland, or regulations adopted under those statutes.

#### Regulation .04 Properties Included in the Maryland Register of Historic Properties.

*COMAR 34.04.05.04*

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; or

  (3) Determined eligible for listing on the Maryland Register of Historic Properties under Regulation .06 or .09 of this chapter.

B. The Director shall maintain a current list of properties on the Maryland Register of Historic Properties and shall make the list available to a person upon request, subject to the provisions of Regulation .10 of this chapter.

#### Regulation .05 Listing by Nomination.

*COMAR 34.04.05.05*

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; or

B. A federal preservation officer has determined the property eligible for listing on the National Register and the SHPO has concurred in the determination.

#### Regulation .06 Listing by Determination of Eligibility.

*COMAR 34.04.05.06*

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 request for certification that the property is eligible under the Internal Revenue Code for federal rehabilitation tax benefits;

    (b) The Trust consults regarding the property with:

      (i) A unit official under State Finance and Procurement Article, §5A-325, Annotated Code of Maryland, or

      (ii) An applicant for a permit, license, or financial assistance under State Finance and Procurement Article, §5A-326, Annotated Code of Maryland;

    (c) The Trust considers a request for certification under the Tax-General Article, Tax-Property Article, or State Finance and Procurement Article, §5A-303, Annotated Code of Maryland, that the property is eligible for historic property tax benefits;

    (d) The Trust has included the property in the State Submerged Artifact Register;

    (e) The Trust reviews an application for a historic preservation grant for the property under State Finance and Procurement Article, §5A-328, Annotated Code of Maryland;

    (f) The Trust reviews an application for a historic preservation loan for the property under State Finance and Procurement Article, §5A-327, Annotated Code of Maryland;

    (g) The Trust reviews an offer of a historic preservation or conservation easement on the property; or

    (h) A historic property located outside the State, of exceptional importance to the State, would be eligible for one of the programs described in §A(2)(a)—(g) of this regulation if the property were located in the State.

B. Forms and Documentation.

  (1) A request for determination of eligibility shall be made upon standard forms prescribed by the Trust.

  (2) The request shall include sufficient information and documentation to evidence:

    (a) The location and owner of the property; and

    (b) How the property satisfies the requirements of Regulation .07 of this chapter.

C. Making Eligibility Determinations. In making a determination of eligibility, the Director:

  (1) Shall consider the most current information available;

  (2) May request comments from the National Register branch of the National Park Service of the U.S. Department of the Interior, the SHPO, the local historic district commission, if any, or any other person likely to have knowledge of the property;

  (3) Shall determine whether the property is eligible based upon the criteria listed in Regulation .07 of this chapter within 30 days after all information and documentation required under §B of this regulation is received; and

  (4) Shall mail notice of the determination under §C(3) of this regulation within 15 days after the determination to a person who requested the evaluation of eligibility, and a person requesting notice.

#### Regulation .07 Criteria.

*COMAR 34.04.05.07*

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

    (b) The lives of persons significant in the State's past;

  (2) Represents:

    (a) The work of a master, or

    (b) A significant and distinguishable entity whose components individually may lack distinction;

  (3) Embodies the distinctive characteristics of a type, period, or method of construction;

  (4) Possesses high artistic values; or

  (5) Has yielded, or is likely to yield, information important in the prehistory or history of the State;

D. Is representative of a property type that, within a historic context, satisfies the requirements of §§B and C of this regulation;

E. Retains the minimum specific physical characteristics or data which define the ability of that property type, within that historic context, to satisfy the requirements of §§B and C of this regulation; and

F. Is not a cemetery, birthplace, or grave of a historical figure, a property owned by religious institutions or used for religious purposes, a structure that has been moved from its original location, a historic building that has been reconstructed, a property primarily commemorative in nature, or a property that has achieved significance within the past 50 years, unless it is:

  (1) An integral part of a district that meets the criteria in §§A—E of this regulation;

  (2) A religious property deriving primary significance from architectural or artistic distinction or historical importance;

  (3) A building or structure removed from its original location but which is significant primarily for architectural value or is the surviving structure most importantly associated with a historical person or event;

  (4) A birthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building directly associated with that person's productive life;

  (5) A cemetery which derives its primary significance from:

    (a) Graves of persons of transcendent importance,

    (b) Age,

    (c) Distinctive design features, or

    (d) Association with historic events;

  (6) A building reconstructed accurately in a suitable environment, and presented in a dignified manner as part of a restoration master plan, if no other building or structure with the same association has survived;

  (7) A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested the property with its own exceptional significance; or

  (8) A property achieving significance within the past 50 years if at the time of evaluation it is of exceptional importance to the State.

#### Regulation .08 Removing Properties from the Maryland Register of Historic Properties.

*COMAR 34.04.05.08*

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; or

  (2) If listed on the Maryland Register of Historic Properties under Regulation .04A(1) of this chapter, has been removed from the National Register.

B. The Director shall remove from the Maryland Register of Historic Properties a property nominated or determined eligible under Regulation .05 or .06 of this chapter if:

  (1) The Director determines that the property:

    (a) No longer meets the criteria set forth in Regulation .07 of this chapter, or

    (b) Except for properties evaluated for eligibility under Regulation .06A(2)(h) of this chapter, has been permanently moved from the State; or

  (2) The Governor's Consulting Committee has determined under Regulation .09 of this chapter that the property is not eligible.

C. The SHPO shall notify the Director if the SHPO becomes aware that any property which the SHPO nominated under Regulation .05 of this chapter must be removed from the Maryland Register of Historic Properties under §A(2)of this regulation.

D. Removal from the Maryland Register of Historic Properties shall take effect on the date of the Director's determination.

#### Regulation .09 Administrative Review.

*COMAR 34.04.05.09*

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 Regulation .06C(4) of this chapter, mails notice of the determination of eligibility; and

  (3) Include:

    (a) A statement of the basis for the review, and

    (b) Any documentation, correspondence, or other evidence relevant to the review.

C. Within 90 days after receipt of the request, the Governor's Consulting Committee shall:

  (1) Determine whether the property is eligible; and

  (2) Notify the person requesting review and the Director of the Committee's decision.

D. A determination under §C of this regulation shall be based upon a finding as to whether:

  (1) There is an adequate basis under the criteria listed in Regulation .07 for the Director's determination of eligibility; or

  (2) The Director in making his determination followed the procedures set forth in Regulation .06 of this chapter.

E. The decision of the Governor's Consulting Committee shall be final and not a contested case within the meaning of State Government Article, §§10-201—10-217, Annotated Code of Maryland.

#### Regulation .10 Public Information.

*COMAR 34.04.05.10*

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 of Maryland, that disclosure will create a substantial risk of harm, theft, or destruction to the property or the area or place where the property is located, the information shall be kept confidential.

#### Regulation .11 Program Administration.

*COMAR 34.04.05.11*

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:

  (1) The waiver or variance is not inconsistent with the authorizing provisions of the Act; and

  (2) In the written determination of the Director, the application of a regulation in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the Act.