Summary of changes to the New Jersey Register of Historic Places Act rules

Similar documents
NEW JERSEY ADMINISTRATIVE CODE Copyright (c) 2011 by the New Jersey Office of Administrative Law

ATTACHMENT A GARDEN STATE HISTORIC PRESERVATION TRUST FUND PROGRAM REGULATIONS. (selected sections)

STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY,

N.J.A.C. 6A:19, Career and Technical Education Programs and Standards. Summary

DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF POLICY AND COMMUNICATIONS

Authorized By: Elizabeth Connolly, Acting Commissioner, Department of Human

The Historic Preservation Plan

Authorized By: Elizabeth Connolly, Acting Commissioner, Department of Human Services.

Brigadier General William C. Doyle Veterans' Memorial Cemetery Proposed New Rules: N.J.A.C. 5A:4

Authorized By: Elizabeth Connolly, Acting Commissioner, Department of Human

Basis of Payment and Appeal Procedure; Out-of-State Hospital Services. Authorized By: Jennifer Velez, Commissioner, Department of Human Services.

ADOPTION SECTION. Administration and Operation of the New Jersey Commission on Spinal Cord

State Transfer of Development Rights Bank Planning Assistance Grant Program Application Instructions

N.J.A.C. 10:42A. This file includes all Regulations adopted and published through the New Jersey Register, Vol. 50 No.

TABLE OF CONTENTS. SUBCHAPTER 1 GENERAL PROVISIONS 3 5: Statement of purpose 3 5: Definitions 3

PPEA Guidelines and Supporting Documents

Section F: Committee of Adjustment: Minor Variance and Consent Applications

SENIOR SERVICES AND HEALTH SYSTEMS BRANCH DIVISION OF HEALTH FACILITIES EVALUATION AND LICENSING OFFICE OF CERTIFICATE OF NEED AND HEALTHCARE FACILITY

WHEREAS, Mn/DOT has been asked to participate in consultation for and to be an invited signatory to this Programmatic Agreement (PA); and

Guidance for Locally Administered Projects. Funded Through the NJDOT/MPO Program Funds Exchange. August 27, Revised September 15, 2014

LexisNexis (TM) New Jersey Annotated Statutes

N.J.A.C. 6A:26, EDUCATIONAL FACILITIES TABLE OF CONTENTS

ADOPTION SECTION DIVISION OF EPIDEMIOLOGY, ENVIRONMENTAL AND OCCUPATIONAL HEALTH CONSUMER, ENVIRONMENTAL AND OCCUPATIONAL HEALTH SERVICE

Passaic County Open Space, Farmland, and Historic Preservation Trust Fund Rules and Regulations Page 1 of 24

SENIOR SERVICES AND HEALTH SYSTEMS BRANCH HEALTH FACILITIES EVALUATION AND LICENSING DIVISION OFFICE OF CERTIFICATE OF NEED AND HEALTHCARE FACILITY

SENATE, No. 123 STATE OF NEW JERSEY. 217th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

[Second Reprint] SENATE, No. 278 STATE OF NEW JERSEY. 217th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

TITLE 16. DEPARTMENT OF TRANSPORTATION CHAPTER 20A. COUNTY LOCAL AID SUBCHAPTER 1. GENERAL PROVISIONS. 16:20A-1.1 Definitions

History. Acts 1985, No. 876, 2; Acts 1993, No. 322, 1; 1993, No. 440, 1. A.S.A. 1947,

EXHIBIT A SCOPE OF WORK & BUDGET CITY OF SAVANNAH CITY-WIDE HISTORIC RESOURCES SURVEY, PHASE 2 SAVANNAH VICTORIAN HISTORIC DISTRICT

City of Batavia Downtown Improvement Grant

Small Matching Grant Application Application to be submitted via online system in Spring 2018

CONTRACT. Between THE TOWN OF LENOX. And HERITAGE STRATEGIES, LLC

CITY OF ORANGE LOCAL CEQA GUIDELINES

DOD INSTRUCTION THE READINESS AND ENVIRONMENTAL PROTECTION INTEGRATION (REPI) PROGRAM AND ENCROACHMENT MANAGEMENT

Chapter Twelve, Historic Preservation Element City of St. Petersburg Comprehensive Plan

APPENDIX A PROGRAMMATIC AGREEMENT FOR MINOR TRANSPORTATION PROJECTS

Adopted Amendments: N.J.A.C. 14:7-1.4, 1.8, 1.9, 1.11, 1.12, 1.14, 1.20, 1.24, 1.25, and 2.3

REQUEST FOR ARCHITECTURAL SERVICES ACTIVITY CENTER

Adopted:, 2010 by, Poonam Alaigh, MD, MSHCPM, FACP, Commissioner, Department of Health

Chapter 11. Cultural Districts

INSTRUCTIONS & APPLICATIONS

OVERVIEW OF UNSOLICITED PROPOSALS

SENATE SUBSTITUTE FOR SENATE SUBSTITUTE FOR. SENATE, No. 787 STATE OF NEW JERSEY. 213th LEGISLATURE ADOPTED NOVEMBER 24, 2008

6 EIA PROCESS 6.1 INTRODUCTION

SENATE, No. 876 STATE OF NEW JERSEY. 218th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

BACKGROUND, PURPOSE & SCOPE 1.0 BACKGROUND 1.1

Revolving Loan Fund Application

LEGAL NOTICE Request for Proposal for Services

DIVISION OF PUBLIC HEALTH INFRASTRUCTURE, LABORATORIES AND

Downtown Mural Grant Program Guidelines

Hazardous Discharge Site Remediation Fund 2013Annual Report

District. Capacity. Assessment STANDARD OPERATING PROCEDURES NJSDA NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY TRENTON, NEW JERSEY

S One Hundred Seventh Congress of the United States of America AT THE FIRST SESSION

APPENDIX J BREATH TESTING REGULATIONS CHAPTER 51. CHEMICAL BREATH TESTING

Billing Code DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 24 CFR Parts 3280, 3282, and [Docket No. FR-6075-N-01]

Capital District September 26, 2017 Transportation Committee. The Community and Transportation Linkage Planning Program for

Revised January 6, The Park Master Planning Process

N.J.A.C. 5: New Jersey Register, Vol. 49 No. 12, June 19, 2017

TOWNSHIP OF BLOOMFIELD

RUMSON SCHOOL DISTRICT Rumson, New Jersey

P.L.2012, CHAPTER 6, approved May 2, 2012 Senate, No. 852

NOW THEREFORE, the parties enter into the following Agreement:

MEMORANDUM OF AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

CITY OF LANCASTER REVITALIZATION AND IMPROVEMENT ZONE AUTHORITY

PRELIMINARY PLANNING AND DURATION OF PUBLIC-PRIVATE COMPETITIONS (SEC. 937)

BOCC POLICY: SECTION NUMBER COUNTY COASTAL CANAL GRANT PROGRAM EFFECTIVE DATE: February 15, 2017 SUPERSEDES:

RULE PROPOSALS INTERESTED PERSONS

NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS METROPOLITAN PLANNING ORGANIZATION REQUEST FOR PROPOSALS

Discover NJ History License Plate Fund for Heritage Tourism

KANATA HIGHLANDS URBAN EXPANSION STUDY TERMS OF REFERENCE

APPENDIX U - REGULATIONS - PERSONNEL SERVICES CHAPTER 45B. PERSONNEL SERVICES

Bergen County Historic Preservation Trust Fund Grant Program. of the

COASTAL RESOURCE PROTECTION: A REVIEW OF SELECT NEW JERSEY REGULATORY AND PLANNING TOOLS

[Second Reprint] SENATE, No. 123 STATE OF NEW JERSEY. 217th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

Santa Ana Arts and Culture Master Plan

P.L. 2003, CHAPTER 28, approved March 10, 2003 Assembly, No (Second Reprint)

2018 GRANT GUIDELINES. Applications due by 4:00 p.m., Thursday, May 3, New Jersey Historic Trust

NEW JERSEY ADMINISTRATIVE CODE Copyright 2012 by the New Jersey Office of Administrative Law

NEW JERSEY REGULATORY UPDATE November-December 2004

REQUEST FOR PROPOSALS Intensive Level Survey of Original Town Plat

Module 2 Planning and Programming

NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS GOVERNING ACTIVITIES OF THE NEBRASKA ENVIRONMENTAL TRUST

PIERCE COUNTY HISTORIC PRESERVATION GRANT PROGRAM

July 30, July 31, 2012

GOVERNMENT OF INDIA MINISTRY OF RAILWAYS (RAILWAY BOARD)

1 of 13 DOCUMENTS. NEW JERSEY ADMINISTRATIVE CODE Copyright 2016 by the New Jersey Office of Administrative Law

2017 GUIDELINES BERGEN COUNTY HISTORIC PRESERVATION TRUST FUND GRANT PROGRAM BERGEN COUNTY OPEN SPACE, RECREATION, FLOODPLAIN PROTECTION, FARMLAND

INTERGOVERNMENTAL COORDINATION ELEMENT:

SUBCHAPTER 11. CHARITY CARE

STATE ENVIRONMENTAL REVIEW PROCESS FOR PENNSYLVANIA WASTEWATER PROJECTS. Clean Water State Revolving Fund Program

N.J.A.C. 8:39 STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES. Effective date: November 20, 2017 N.J.A.C. 8:39 (2017)

THE CORPORATION OF THE CITY OF ST. CATHARINES

STATE UNIVERSITY CONSTRUCTION FUND

ALL AMERICAN HEALTHCARE SERVICES, INC. 100 LAKEVIEW AVENUE, SUITE 1A CITY, STATE, ZIP JAMESBURG, NJ TELEPHONE EXT.

2015 Small Matching Historic Preservation Online Grant Application

Authorized By: Elizabeth Connolly, Acting Commissioner, Department of Human

Office of Surface Mining Reclamation and Enforcement

City of San Juan Capistrano Agenda Report. Honorable Mayor and Members of the City Council

Sri Lanka Accounting Standard LKAS 20. Accounting for Government Grants and Disclosure of Government Assistance

Transcription:

Summary of changes to the New Jersey Register of Historic Places Act rules Introduction The New Jersey Register of Historic Places Rules (the rules) constitute the rules of the Department concerning the preservation of the State s historic, architectural, archaeological, engineering, and cultural heritage in accordance with the New Jersey Register of Historic Places Act, N.J.S.A. 13:1B-15.128 et seq. The rules establish the procedures for the listing of historic properties in the New Jersey Register of Historic Places and the protection of those historic properties from encroachment by undertakings of State, county and municipal governments or any agency or instrumentality thereof. The rules also address the types of technical assistance routinely requested of the Historic Preservation Office. Subchapter 8 identifies the standard Federal documents and criteria that the Historic Preservation Office uses to identify and evaluate historic resources and to assess any project s impact upon those resources and make recommendations. A description of the significant amendments to the rule follows. Subchapter 1 General Provisions N.J.A.C. 7:4-1.3 contains definitions of terms used in the rules. All of the definitions of all terms defined in this section, except the terms noncontributing property, and state review board, were readopted without amendment. The definition of noncontributing property was amended to provide that a property is considered noncontributing not only if it was not present during the period of significance for the property nominated, but also if the building, structure, or object does not relate to the criteria of significance for the nominated property upon which the nomination is based.

This change reflects National Park Service guidelines for nominating a property to the National Register of Historic Places and is consistent with the National Register Bulletin 16A, Guidelines for Completing National Register of Historic Places Forms, National Park Service Guidelines for nominating a property to the National Register of Historic Places. The definition of State Review Board was amended to reflect the accurate name of the review body. A new definition for the term location map was added. A location map is a new preliminary application requirement under N.J.A.C. 7:4-2.2 and 5.3. The definition specifies that the map must depict the subject resource and enough of its surroundings at a scale that allows the resource to be located on other map sources. The information provided by the location map will streamline the review of the preliminary application. Subchapter 2 Registration Procedures and Criteria N.J.A.C. 7:4-2.2(c)2 has been amended to require the submission of a location map depicting the location of the property for which an eligibility determination is requested. Receipt of a location map will enable the Historic Preservation Office to place the subject property within its appropriate spatial context thereby facilitating comparison with existing historic property information and enable more efficient review of a preliminary application. N.J.A.C. 7:4-2.2 (c)3ii(2) has been amended to remove a requirement that an applicant notify the Department of its intention to proceed with a National Register of Historic Places nomination following receipt of a preliminary determination from the Department that the property does not meet the New Jersey and National Register criteria

for evaluation. This section of the rules previously required this notification to be received by the Department within 90 days of the Department s determination that the property is not eligible. The amendment reflects the Department s belief that it is appropriate to allow an applicant to submit new or different information regarding the property at any time regardless of whether or not notification of ineligibility is made. N.J.A.C. 7:4-2.2(c)4 has been amended to add the requirement to include a map of the nominated property that meets the mapping standards at N.J.A.C. 7:4-8.9(a)1. These standards assure consistency in mapping information submitted to the Historic Preservation Office. Greater precision in the mapping of historic property boundaries and the acquisition of that location data in electronic format will facilitate predictability in the regulatory process as governmental agencies subject to the provisions of N.J.A.C. 7:4-7 will have improved access to data and will be better able to identify regulatory obligations earlier in project planning. In addition to the above, N.J.A.C. 7:4-2.2(c)9i has been re-numbered to N.J.A.C. 7:4-2.2(c)8i and amended to clarify the language in this provision. Previously, the rule required that both the property owner and preparer of the nomination be notified via certified mail that a nomination is being considered by the State Review Board. However, in reviewing and processing the nomination, the Department is in constant communication with the preparer regarding the administrative and technical aspects of the nomination, including meeting dates and times. Therefore, it is unnecessary to notify the applicant via certified mail. As a result, the rule was amended to delete the requirement that the preparer be notified via certified mail that a nomination is being considered by the State Review Board.

In addition to the above, N.J.A.C. 7:4-2.2(c)12 has been amended to clarify the property owner notification process for historic districts with 50 or more property owners. This provision of the rule requires the Department to hold a public meeting in cases where a nomination including 50 or more property owners will be considered by the State Review Board. Previously, the rule required the Department to send written notification of the public meeting to all property owners within a proposed historic district. Currently, the rule requires that the public notice published for the required public meeting and the State Review Board meeting regarding the subject historic district meets the property owner notification requirement contemplated by this part of the rule. Subchapter 3 - Boundary Redelineation and Relocation of Properties Listed in the New Jersey Register Readopted without amendment. Subchapter 4 Removal of a Property from the New Jersey Register Readopted without amendment. Subchapter 5 Certification of Eligibility for Listing in the New Jersey Register N.J.A.C. 7:4-5.3(a)2iii has been deleted and replaced with a requirement to submit a location map. The mapping requirements reflect the need for a location map depicting the location of a property for a request for eligibility determination. Receipt of a location map will enable the Historic Preservation Office to place the subject property

within its appropriate spatial context thereby facilitating comparison with existing historic property information to enable more efficient review of a preliminary application. Subchapter 6 State Funds Readopted without amendment. Subchapter 7 Review Procedures for Projects Encroaching upon New Jersey Register Properties Minor changes including re-organization of some sections and minor changes to wording were made to Subchapter 7 to clarify the meaning, intent, and understandability of this subchapter. The Department has amended N.J.A.C. 7:4-7.1 to add a new N.J.A.C. 7:4-7.1(e), which would give the Historic Sites Council the authority to review projects that have only been developed to a conceptual level. The concept review could consist of two stages, and would assist applicants in meeting the Secretary of Interior's Standards for the Treatment of Historic Properties without unnecessary expenditure of funds for project development. The goal of a staged application is to encourage applicants to submit projects holistically to avoid segmentation for the purposes of review. It would also provide applicants with the opportunity to get early input from the Historic Sites Council on proposed projects affecting listed properties. This would prevent expenditures of large amounts of time and money on developing project plans that would be unlikely to be approved. The concept review provision was added in recognition of the need to integrate the New Jersey Register of Historic Places encroachment review with

established Federal regulatory processes, other regulatory processes, and other State agency funding programs. The amendments to this section include the addition of a requirement at N.J.A.C. 7:4-7.2(e)1 for the applicant to submit 12 original copies of the application for project authorization to the Department to be transmitted to the Historic Sites Council. This amendment is intended to ensure that the Historic Sites Council is receiving original copies of project documentation, such as photographs, construction plans, and architectural renderings, for their review. The Department is has amended N.J.A.C. 7:4-7.2(e) to add a new subparagraph N.J.A.C. 7:4-7.2 (e)10 that provides that project authorizations have an expiration date. Under the changes, project authorization by the Commissioner expires five years from the date of project authorization or conditional authorization if the project has not been undertaken within the five year period. Subchapter 8 Consultation with Other Department Programs and Other Non- Federal Governmental Agencies The most significant changes made to the New Jersey Register of Historic Places Act rules during the most recent rule readoption with amendments was the codification of both existing survey and reporting guidelines and guidelines for preparing alternatives analyses. The additions also establish electronic submission standards, mapping standards, and photographic standards. The addition of N.J.A.C. 7:4-8.4 provides specific direction for conducting Phase I archaeological surveys including explicit requirements for background research, field

survey, and laboratory analysis necessary for the completion of an adequate Phase I archaeological survey. The addition of archaeological survey report requirements at N.J.A.C. 7:4-8.5 outlines specific formatting, structure and general content requirements for archaeological survey reports submitted to the Historic Preservation Office. Specifically, this section provides an outline for the organization of reports submitted to the Historic Preservation Office, and specifies sixteen sections that are required to be part of all archaeological survey reports submitted to the Historic Preservation Office. These sixteen sections are: a title page; a management summary; a table of contents; lists of figures, plates, and tables; an introduction, a background research section; a research design section; a field and laboratory methods section; a field results section; an artifact analysis section; an interpretations section; an evaluation of National Register eligibility section; an assessment of the impacts of the undertaking on historic properties section; a recommendations section; a references cited section; and appendices. The section also specifies the particular kinds of information that are required in each of these sections in order to adequately report the findings of archaeological survey performed pursuant to the Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7A, the Coastal Zone Management Rules, N.J.A.C. 7:7E, or the Highlands Water Protection and Planning Act Rules, N.J.A.C. 7:38. The requirements for architectural survey reports submitted to the Historic Preservation Office were added at N.J.A.C. 7:4-8.6. This rule outlines specific formatting, structure and general content requirements for architectural survey reports submitted to the Historic Preservation Office. As with the archaeological survey report

requirements, this section provides an outline for the organization of reports submitted to the Historic Preservation Office, and specifies thirteen sections that are required to be part of all architectural survey reports submitted to the Historic Preservation Office. These sections are: a title page; a management summary; a table of contents; lists of figures, plates, and tables; an introduction section; a research design section; a setting section; a historical overview section; a field results section; an assessment of the impacts of the undertaking on historic properties section; a data summary section; a bibliography; and appendices. The rule also specifies the particular kinds of information that are required in each of these sections. The Department has added the requirements for combined archaeological and architectural survey reports submitted to the Historic Preservation Office at N.J.A.C. 7:4-8.7. This section provides an outline for the organization of reports that include information on both archaeological and architectural resources. The Department has added requirements specifying the content and structure of alternatives analyses at N.J.A.C. 7:4-8.8. Alternatives analyses are currently routinely requested to meet the requirements of various State regulatory processes such as The New Jersey Register of Historic Places Rules, N.J.A.C. 7:4, the Coastal Zone Management Rules, N.J.A.C. 7:7E, and the Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7A. This new section prescribes a methodology for identifying and evaluating all alternatives to a proposed undertaking that would avoid or minimize the encroachment to the subject building. The identification and evaluation of alternatives outlined in this new section are performed within the context of project need(s) and objective(s), local master plan and zoning requirements, potential redevelopment scenarios and their

feasibility, environmental constraints, code constraints, opportunities for heritage tourism, and costs. The Department has added standards for electronic submissions at N.J.A.C. 7:4-8.9. These standards outline the requirements for submission of digital map data, digital photography, electronic reports, and scanned maps and documents.