(1) Historic buildings shall be so designated
by the State Historic Preservation Officer if one of the following criteria is
met:
(a) The building is in the National
Register of Historic Places either as an individual property or as a
contributing property to a historic district;
(b) The State Historic Preservation Officer
concurs with a federal agency/applicant as the result of a proposed federal
action that a building is eligible for listing in the National Register of
Historic Places. In the case of property located within a district considered
eligible, the particular building must be included as a contributing property
to the district;
(c) The State
Historic Preservation Officer has recommended to the National Park Service
under the provisions of the Economic Recovery Tax Act of 1981 that a building
can be:
1. Certified as a contributing
building to a district listed in the National Register of Historic Places;
or
2. Preliminarily certified as
eligible for listing in the National Register of Historic Places or as a
contributing building to a district eligible for listing in the National
Register of Historic Places; or
(d) The State Historic Preservation Officer
determines that a building, or a contributing building in a historic district,
meets the criteria for the National Register of Historic Places as a part of
the National Register nomination procedures of the State Historic Preservation
Office.
(2) A building
shall be designated as a landmark museum building if all of the following
criteria are met:
(a) The building is used as
an exhibit of itself which means it is presented to the public as a work of
architecture by means of such activities as tours, seminars, workshops,
brochures and/or information made available to visitors. The use of a building
as an exhibit should be included in any statement of purpose of the occupying
organization, or should be documented by a written statement of the property
owner;
(b) The building has a high
degree of architectural integrity which means it remains relatively unchanged
from its historic appearance, or represents clearly the particular history of a
building, including its evolution during various historic architectural
periods. Integrity is a quality that applies to historic and prehistoric
resources in the following ways:
1. Location,
which means the place where the historic resource was constructed or where a
historic event or series of events took place (except in rare cases, the
relationships between the resource and its natural and man-made surroundings
are destroyed if a historic resource is moved);
2. Design, which means the composition of
elements that comprise the form, plan, space, structure, and style of a
property;
3. Setting, which means
the physical environment of a historic property which may include natural or
man-made physical features;
4.
Materials, which means the physical elements that are combined or deposited in
a particular pattern or configuration;
5. Workmanship, which is the physical
evidence of the crafts of a particular culture of people during any given
period in history or prehistory;
6.
Feeling, which is the quality a historic resource has in evoking the aesthetic
or historic sense of a past period of time; and
7. Association, which is the direct link
between a property and an event or a person for which the property is
significant;
(c) The
building has been shown to have significance according to the categories of
significance established for the National Register of Historic Places. Areas of
significance may include prehistoric and historic archaeology, agriculture,
architecture, art, commerce, communications, community planning, conservation
economics, education, engineering, exploration/settlement, industry, invention,
landscape architecture, law, literature, military, music, philosophy,
politics/government, religion, science, sculpture, social/humanitarian,
theater, transportation; and
(d)
The building is open to the public a minimum of twelve (12) days per
year.
(3) A building
shall be preliminarily designated as a landmark museum building if the building
is proposed for use, but not yet used, as an exhibit of itself, pursuant to
110-37-1-.02(2)(a) and
(d), and if it is shown to meet the criteria
for landmark museum designation, pursuant to
110-37-1-.02(2)(b) and
(c). Preliminary designation is an indication
that a building, if put into use according to approved plans, will meet the
criteria for landmark museum designation. Actual designation as a landmark
museum building will be contingent upon the faithful execution of approved
plans. It is the responsibility of the applicant to insure that approved plans
are faithfully carried out and to apply for actual designation as a landmark
museum building upon completion of the work.
O.C.G.A. §
25-2-13.
