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The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

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Rule R212-8. Preservation Easements.

As in effect on August 1, 2009

Table of Contents

R212-8-1. Scope and Applicability.

Purpose: to insure the adequate handling of preservation easements and their proper recording in accordance with Sections 9-8-503 and 9-8-504.

R212-8-2. Definitions.

Terms used in this rule are defined as:

1. "historical value" means a property on the State or National Register of Historic Places; and

2. "division" means the Division of State History or the Utah State Historical Society.

R212-8-3. Granting of an Easement to the Division.

A. The division may accept easements under the following conditions:

1. the property is on the National Register or State Register of Historic Places;

2. the easement will be recorded with the proper county recorder's office;

3. the preservation easement will prohibit demolition or alteration not in conformance with the Secretary of Interior's Standards for Rehabilitation;

4. the easement shall be in place for as long as the owner specifies but for no less than that required by IRS rule, if any;

5. the division shall acknowledge within 30 days acceptance or rejection of the easement.

KEY

historic preservation, historic sites

Date of Enactment or Last Substantive Amendment

1992

Notice of Continuation

July 27, 2006

Authorizing, Implemented, or Interpreted Law

9-8-503; 9-8-504

Rule converted into HTML by the Division of Administrative Rules.

For questions regarding the content or application of rules under Title R212, please contact the promulgating agency (Community and Culture, History). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is not able to answer questions about the content or application of these rules.

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