Sec. 34.04.05.06. Listing by Determination of Eligibility

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.