N.J. Admin. Code § 7:4-3.2 - Relocation of properties listed in the New Jersey Register

(a) The Department encourages the relocation of properties on the New Jersey Register only when relocation is the only feasible means for preservation of the registered property. When a registered property is relocated every effort should be made to reestablish its historic orientation, immediate setting, and general environment.

(b) If the State, a county, municipality or any agency or instrumentality thereof proposes to relocate a property listed in the New Jersey Register, the State, county, municipality or agency or instrumentality thereof shall submit an application to the Department for project authorization for projects encroaching upon property listed in the New Jersey Register. The application shall be prepared, submitted and reviewed in accordance with the review procedures for projects encroaching upon property listed in the New Jersey Register set forth in N.J.A.C. 7:4-7.

(c) In order for a property listed in the New Jersey Register to be relocated and remain listed in the New Jersey Register during and after the relocation, the applicant shall submit documentation to the Department and obtain the approval thereof by the State Historic Preservation Officer prior to the relocation. The documentation shall set forth in detail:

1. The reasons for the relocation;

2. The effect of the relocation on the registered property's historical integrity which causes the property to meet the criteria for evaluation in 7:4-2.3;

3. The description of the new setting and general environment of the proposed site, including evidence that:

i. The proposed site does not possess historical or archaeological significance that would be adversely affected by the proposed relocation; and

ii. The proposed site will, to the maximum extent possible, contribute to reestablishing the registered property's previous historic orientation, immediate setting, and general environment; and

4. Photographs showing the proposed location.

(d) Documentation submitted to the Department under (c) above shall be processed by the Department in accordance with the procedure for the nomination of properties for inclusion in the New Jersey and National Registers set forth in 7:4-2.2.

(e) If the State Historic Preservation Officer approves continued listing of the property despite its relocation, the property shall remain in the New Jersey Register during and after the relocation unless the historic integrity which causes the property to meet the criteria for evaluation in 7:4-2.3 is in some unforeseen manner destroyed during or as a result of the relocation. Within 90 days after the registered property has been relocated, an applicant shall submit to the Department:

1. A letter notifying the State Historic Preservation Officer of the date that the registered property was relocated;

2. Photographs of the registered property on its new site;

3. A revised map of the new site including a United States Geological Survey map; and

4. The acreage and a verbal boundary description of the new site.

(f) The State Historic Preservation Officer shall respond to a complete and properly documented submittal under (e) above within 45 days of receipt with a final determination on whether the relocation has destroyed the historic integrity of the registered property which caused the property to meet the criteria for evaluation in 7:4-2.3. If the State Historic Preservation Officer makes such a determination, the property shall be deleted from the New Jersey Register as of the date of the relocation of the property. In cases of properties removed from the New Jersey Register, if the applicant has neglected to obtain prior approval for the move or has evidence that previously unrecognized significance exists, or has accrued, the applicant may submit a new National Register Nomination Form for the property.

(g) If a registered property is relocated without first obtaining approval for continued listing from the State Historic Preservation Officer as provided in (e) above, the property shall, as of the date of relocation, be deleted from the New Jersey Register. However, a property which is subject to the encroachment review process set forth in N.J.A.C. 7:4-7 shall not be automatically deleted from the New Jersey Register until said review process is completed. If a registered property is relocated without first obtaining the approval required under (b) or (e) above, it is the responsibility of the property owner or applicant to notify the Department.

(h) If a property is deleted from the New Jersey Register under (g) above, in order for the property to be reentered in the New Jersey Register, a new National Register Nomination Form shall be prepared and submitted to the Department and processed by the Department in accordance with the procedure for nomination of properties for inclusion in the New Jersey and National Registers set forth in 7:4-2.2. In addition to the information required as part of a complete National Register Nomination Form under 7:4-2.2, the nomination form shall set forth in detail:

1. The reasons for the relocation;

2. The effect of the relocation on the property's historical integrity which caused the property to meet the criteria for evaluation in 7:4-2.3;

3. The new setting and general environment, including evidence that the new site does not possess historical or archaeological significance that would be affected by intrusion of the property;

4. Photographs showing the new site;

5. A United States Geological Survey Map showing the property at the new site; and

6. The acreage and a verbal boundary description of the new site.

Notes

N.J. Admin. Code § 7:4-3.2