Washington Administrative Code Title 254 - Historic Preservation, Advisory Council on
The Washington Administrative Code (WAC) Title 254 is dedicated to the Advisory Council on Historic Preservation. This title primarily outlines the rules and procedures related to a specific and important program: special tax valuation for the rehabilitation of historic properties.
Here's a breakdown of what WAC Title 254 generally covers, based on the provided search results:
Purpose (WAC 254-20-010): The core purpose of these rules is to implement a program that allows for a special property tax valuation. This means that for up to ten years, the assessed value of eligible historic property can exclude the actual cost of rehabilitation, providing a financial incentive for property owners to preserve and restore historic buildings.
Authority (WAC 254-20-020): These rules are promulgated by the Advisory Council on Historic Preservation under the authority granted in RCW 84.26.120. This indicates the legal basis for the council's ability to create and enforce these regulations.
Definitions (WAC 254-20-030): This chapter provides crucial definitions for terms used throughout the rules, such as:
"Actual cost of rehabilitation": Specifies what costs can be included and the timeframe for incurring them (within 24 months prior to application). It also clarifies that these improvements should be to the existing structure and not include new rentable/habitable floorspace from new construction.
"Cost": Defines the minimum rehabilitation cost, which must be at least 25% of the assessed valuation of the historic property (excluding land value) prior to rehabilitation.
"Historic district": Defines historic property consisting of multiple related buildings, sites, structures, or objects.
"Historic property": Generally refers to real property listed in a local register of a Certified Local Government (CLG) or the National Register of Historic Places.
"Local legislative authority": Refers to municipal or county governments.
"Special valuation": The mechanism of determining assessed value by subtracting the approved rehabilitation cost for up to ten years.
"State review board" (or "state historic preservation review board"): This refers to the Department of Archaeology and Historic Preservation (DAHP) or its successor agency, which acts as the state historic preservation review board under federal law.
Responsibilities of Local Review Boards (WAC 254-20-070): This section outlines the duties of local review boards (often local historic preservation commissions) in approving or denying applications for special valuation. They must:
Determine if the property is historic property.
Verify if it's eligible for special valuation under local ordinances.
Confirm that the rehabilitation cost meets the statutory definition.
Ensure the improvements are consistent with the "Washington State Advisory Council's Standards for Rehabilitation and Maintenance of Historic Properties" (WAC 254-20-100).
Enter into agreements with property owners.
Washington State Advisory Council's Standards for Rehabilitation and Maintenance (WAC 254-20-100): This critical section sets the minimum requirements for rehabilitation and maintenance that properties must meet to be eligible for special valuation and to continue to qualify. These standards are often based on the Secretary of the Interior's Standards for the Treatment of Historic Properties.
Role of the Washington State Advisory Council on Historic Preservation:
The Washington State Advisory Council on Historic Preservation (WA-ACHP) is a crucial body composed of citizens with expertise in Washington's history, archaeology, and architecture. As indicated by WAC Title 254, and further detailed by the Department of Archaeology & Historic Preservation (DAHP):
Advisory Role: The Council advises the Governor on policy issues regarding historic preservation activities in the state.
Register Review: It reviews nominations to both the National Register of Historic Places and the Washington Heritage Register, making recommendations to the State Historic Preservation Officer (SHPO).
Oversight of Special Valuation: It promulgates the rules (WAC Title 254) for the special tax valuation program and provides the standards (WAC 254-20-100) that local review boards use to evaluate rehabilitation projects.
Collaboration: While DAHP houses the SHPO and provides staff to the Council, the Council itself plays an independent advisory and oversight role.
In summary, WAC Title 254 provides the regulatory framework for the Washington State Advisory Council on Historic Preservation to administer the important program of special property tax valuation, thereby incentivizing the preservation and rehabilitation of historic properties across Washington State.
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