94-089-811 Me. Code R. § 2

Current through 2024-51, December 18, 2024
Section 089-811-2 - DEFINITIONS

The following terms used in this rule shall be defined as below:

1."Commission" means the Maine Historic Preservation Commission as established in 27 MRSA §502.
2."Development" (Including Archaeology and Pre-development)- Development projects involve pre-development and development activities for the restoration or preservation of buildings, structures and sites that are listed in or that have been nominated for listing in the National Register.
A."Predevelopment"Predevelopment is the historical, architectural, and/or archaeological research necessary to properly and adequately document the historic significance and the existing physical condition of the materials and features of a historic property. Predevelopment must be performed prior to the commencement of development work.
B. "Development"Development projects are activities that preserve or restore historic properties, and may include exterior, interior, or historic landscape work, as well as limited updating of HVAC systems. The Secretary of the Interior's Standards for the Treatment of Historic Properties define appropriate preservation and restoration treatments for historic properties.
C. "Archaeological Site Protection and Stabilization"-Archaeological site protection and stabilization may include survey, limited testing or data recovery, or include revegetation or repair of a site's physical or structural integrity to reduce or eliminate such damaging forces as erosion. Archaeological testing may be required for any development project that includes any ground disturbance.
3."Director" means the director of the Commission.
4."Governmental agencies" means agencies of state government, counties and other political subdivisions of the state.
5."Historic Property" is a district, site, building, structure, or object that is listed in or that has been nominated for listing in the National Register.
6."Historic Property Preservation and Restoration Grants" means grants of state monies as authorized by bond issues or other appropriations and as administered by the Commission pursuant to Title 27, Sec.505(2) (D).
7."National Register of Historic Places" or "National Register" means the official Federal list of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, engineering, and culture that the Secretary of the Interior is authorized to expand and maintain pursuant to Section 101(a)(1) of the National Historic Preservation Act of 1966, as amended.
8."Non-profit Organizations" means organizations granted tax-exempt status by the State. The University of Maine and Maine Maritime Academy shall be included within this category.
9."Preservation" is defined as the act or process of applying measures necessary to sustain the existing form, integrity, and materials of an historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. New exterior additions are not within the scope of this treatment; however, the limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a preservation project.
10."Restoration" is the act or process of accurately depicting the form, features, and character of a property as it appeared at a particular time-period by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical and plumbing systems and other code-required work to make properties functional is appropriate within a restoration project.
11."Standards for the Treatment of Historic Properties" or "Standards" means the United States Secretary of the Interior's Standards for the Treatment of Historic Properties codified as 36 CFR Part 68 in the July 12, 1995 Federal Register (Vol. 60, No. 133).

94-089 C.M.R. ch. 811, § 2