The California Register consists of historical resources that
are:
(a) listed automatically; (b)
listed following procedures and criteria adopted by the State Historical
Resources Commission, henceforth the Commission; and (c) nominated by an
application and listed after a public hearing process.
(a) Historical resources automatically listed
in the California Register include the following pursuant to California Public
Resources Code Section
5024.1(d)(1) and
(2):
(1)
California historical resources listed in, or formerly determined eligible for,
the National Register of Historic Places, henceforth the National Register.
"Formally determined eligible" for the purpose of this section means determined
eligible through one of the federal preservation programs administered by the
California Office of Historic Preservation, henceforth the Office.
Specifically, these programs are the National Register, Tax Certification
(Evaluation of Significance, Part 1, 36 CFR Part
67 ), and National Historic
Preservation Act (Section
106,
16 U.S.C.
470f) reviews of federal
undertakings.
(2) California
Registered Historical Landmarks, henceforth Landmarks, from No. 770
onward.
(3) Upon effective date of
this chapter, the Office will notify owners by first class mail that as a
result of listing or being formally determined eligible for listing in the
National Register of Historic Places, and/or being designated a California
Registered Historical Landmark subsequent to, and including No. 770, the
resource has been automatically placed in the California Register. The owner(s)
will be advised of the criteria for listing in the California Register and
procedures for removal found in Sections
4855 and
4856 of this chapter. Removal may
be requested at any time, but must satisfy one of the criteria for removal as
listed in Section
4856(a) of this
chapter.
(b) Historical
resources which require action by the State Historical Resources Commission to
be listed in the California Register. The following resources require review
and action by the Commission prior to listing, but are not subject to the
formal nomination and application procedures described in Section
4851(c) of this
chapter.
(1) Landmarks with numbers preceding
No. 770 pursuant to California Public Resources Code Section
5024.1(d)(2).
Procedures for inclusion of landmarks preceding No. 770 in the California
Register have not been adopted by the State Historical Resources Commission at
the time of inception of this chapter.
(2) California Points of Historical Interest,
hereafter Points of Historical Interest, pursuant to California Public
Resources Code Section
5024.1(d)(3).
Points of Historical Interest, which have been reviewed by the Office and
recommended for listing by the Commission, will be included in the California
Register if the following conditions are met:
(A) The resource meets the statutory criteria
for the California Register;
(B) A
boundary is provided that clearly delineates the area of historic
importance;
(C) A list of
contributing and noncontributing features is provided. Contributing features
are those remaining from the resource's period of historic significance that
retain integrity; and
(D) The
application is accompanied by the appropriate State Historical Resources
Commission approved recordation form, such as the DPR Form 523-Historic
Resources Inventory Form.
Historical resource owners shall be notified of proposed
Commission actions to nominate Points of Historical Interest to the California
Register sixty (60) days prior to the Commission meeting at which a hearing is
scheduled.
The Office shall notify resource owners of time and location
of the hearing.
The Commission shall hear testimony regarding whether or not
the criteria for listing a Point of Historical Interest in the California
Register have been met. If the criteria for listing are met, the Commission
shall recommend that the historical resource be made a Point of Interest to the
Director of the Department of Parks and Recreation. When the Director signs the
nomination, the historical resource shall be listed as a Point of Historical
Interest and listed in the California
Register.
(c) Historical resources which require
nomination to be listed in the California Register pursuant to California
Public Resources Code Section
5024.1(e)(1)-(5).
Historical resources may be nominated to the California Register by
individuals, organizations, or government agencies.
(1) An historical resource or historic
district;
(2) An historical
resource contributing to the significance of a nominated historic
district;
(3) A group of historical
resources identified in historic resource surveys, if the survey meets the
criteria and standards of documentation listed in Section
4852(e);
(4) An historical resource, a group of
historical resources, or historic districts designated or listed as city or
county landmarks or historical resources or districts pursuant to any city or
county ordinance, if the criteria for designation or listing under the
ordinance have been reviewed by the Office as meeting the California Register
criteria as stated in this chapter and approved by the Commission; or
(5) An historical resource or a group of
local landmarks or historical resources designated under any municipal or
county ordinance which has not been previously approved by the
Office.
Notes
Cal. Code Regs.
Tit. 14, §
4851
1. New section
filed 12-2-97; operative 1-1-98 (Register 97, No.
49).
Note: Authority cited: Sections
5020.4,
5024.1
and
5024.6,
Public Resources Code. Reference: National Historic Preservation Act (NHPA) of
1966 (16 U.S.C.
470a), as amended; National Environmental
Policy Act (NEPA) of 1969 (42 U.S.C. 4321-4347);
Title 36, Parts 60, 63, 67 and 800, Code of Federal Regulations; and Sections
5020.1,
5020.4,
5020.7,
5024.1,
5024.5,
5024.6,
21084
and
21084.1,
Public Resources Code.
1. New section filed
12-2-97; operative 1-1-98 (Register 97, No.
49).