Public agencies, or any group or individual, may submit a property in public ownership for official State Archeological Landmark (SAL) designation. Upon receipt of a complete nomination, the executive director of the Texas Historical Commission (THC) determines whether the property is eligible for designation and schedules the nomination for consideration at one of the commission’s public meetings. Nominations are first considered by the Antiquities Advisory Board, which makes recommendations to the commission. The commission allows a comment period prior to a final designation vote at their next scheduled meeting.
Privately owned property may be nominated for SAL designation by the property owner. SALs on private property receive the same protection under the Code as resources on public property. The designation must be recorded in county deed records and is conveyed when the property is sold.
Potential SALs are evaluated under specific criteria within the following categories:
The Application for State Archeological Landmark Nomination for Archeological Sites and for Historic Buildings and Structures may be downloaded from the Forms page. The criteria for evaluation and the designation process are explained in greater detail in the Rules of Practice and Procedure for the Antiquities Code of Texas (Texas Administrative Code, Title 13, Chapter 26) under Statutes, Regulations, and Rules. Relevant sections are also quoted below. Those who intend to nominate a property in public ownership or private property should read and be familiar with these rules.
For more information, or to begin the nomination process, contact the State Archeological Landmarks program contact.
Rules for Designation of SALs
The following is quoted from the Rules of Practice and Procedure for the Antiquities Code of Texas, Texas Administrative Code, Title 13, Chapter 26.
Rule 26.7: Criteria for Evaluating Historic Structures
Historic structures may be designated as State Archeological Landmarks, provided that the following conditions are met:
(1) the structure, or building is listed in the National Register of Historic Places; and
(2) the structure, or building fits within at least one of the following criteria:
(A) is associated with events that have made a significant contribution to the broad patterns of our history;
(B) is associated with the lives of persons significant in our past;
(C) is important to a particular cultural or ethnic group;
(D) is the work of a significant architect, master builder, or craftsman;
(E) embodies the distinctive characteristics of a type, period, or method of construction, possesses high aesthetic value, or represents a significant and distinguishable entity whose components may lack individual distinctions;
(F) has yielded or may be likely to yield information important to the understanding of Texas culture or history.
Rule 26.8: Criteria for Evaluating Archeological Sites
The commission uses one or more of the following criteria when assessing the appropriateness of official landmark designation, and/or the need for further investigations under the permit process:
(1) the site has the potential to contribute to a better understanding of the prehistory and/or history of Texas by the addition of new and important information;
(2) the site's archeological deposits and the artifacts within the site are preserved and intact, thereby supporting the research potential or preservation interests of the site;
(3) the site possesses unique or rare attributes concerning Texas prehistory and/or history;
(4) the study of the site offers the opportunity to test theories and methods of preservation, thereby contributing to new scientific knowledge;
(5) the high likelihood that vandalism and relic collecting has occurred or could occur, and official landmark designation is needed to insure maximum legal protection, or alternatively further investigations are needed to mitigate the effects of vandalism and relic collecting when the site cannot be protected.
Rule 26.9: Criteria for Evaluating Shipwrecks
Shipwrecks may be considered significant and be recognized or designated as State Archeological Landmarks provided that the following conditions are met:
(1) the shipwreck is located on land owned or controlled by the State of Texas or one of its political subdivisions; and
(2) the shipwreck is pre-twentieth century or is otherwise historically significant and is 50 years old or older in age; and
(3) the remains consist of a shipwreck sunken, abandoned, or a wreck of the sea, or are represented by the ship's contents or related embedded treasure.
Rule 26.10: Criteria for Evaluating Caches and Collections
Caches and collections may be considered significant and be recognized or designated as State Archeological Landmarks, provided that at least one of the following conditions is met:
(1) the cache or collection was assembled with public funds or taken from public lands;
(2) preservation of materials is adequate to allow the application of standard archeological or conservation techniques;
(3) the cache or collection must be of research value, thereby contributing to scientific knowledge; or
(4) the cache or collection is of historic value or contributes to a theme.
Rule 26.12: Designation Procedures for State Archeological Landmarks
(a) Nomination. Any group or individual, public or private, and public agencies may submit a property in public ownership to the commission for official designation as a State Archeological Landmark. The nomination must be submitted to the commission on a form approved by the commission, and the commission will determine whether the nomination is in order and acceptable, and when the nomination will be placed on the agenda of one of the commission's public meetings.
(1) Any third-party private individual or a private group that desires to nominate a building or site owned by a political subdivision as a State Archeological Landmark must complete and return to the commission a nomination form, and must give notice of the nomination at the individual's or group's own expense, in a newspaper of general circulation published in the city, town, or county in which the building or site is located. If no newspaper of general circulation is published in the city, town, or county, the notice must be published in a newspaper of general circulation in an adjoining or neighboring county that is circulated in the county of the applicant's residence. The notice must:
(A) be printed in 12-point boldface type;
(B) include the exact location of the building or site; and
(C) include the name of the group or individual nominating the building or site.
(D) An original copy of the notice and an affidavit of publication signed by the newspaper's publisher must be submitted to the commission with a nomination form. The commission will not consider a site owned by a political subdivision for designation as a State Archeological Landmark unless the notice and affidavit required by this section are attached to a nomination form. This notification must be received by both the commission and the public agency a minimum of 60 days prior to a regularly scheduled public meeting of the commission at which the nomination may be considered. All decisions regarding when a nomination will be considered by the commission will be made by the executive director of the commission.
(2) If the commission's staff wishes to nominate a site or historic building or structure for State Archeological Landmark designation it must give the public agency that owns the property a written notification that a nomination will be considered by the commission at one of its regularly scheduled public meetings. This notification must be received by the public agency a minimum of 15 days prior to the regularly scheduled public meeting of the commission at which the nomination is scheduled to be presented. The commission must also send the public agency complete site information on the proposed nomination.
(b) Evaluation. The commission's staff will review the property and determine if it is eligible according to the criteria for evaluation specified in Sections 26.7-26.10 of this title (relating to Criteria for Evaluating Historic Structures; Criteria for Evaluating Archeological Sites; Criteria for Evaluating Caches and Collections; and Criteria for Evaluating Shipwrecks).
(c) Interim protection and notification. Once a valid nomination for a landmark building or structure has been received and the commission's staff determines the property is eligible for designation, no project work may be undertaken on the property without a permit issued by the commission unless or until the commission denies the nomination or designation. Information regarding this protection will be included in the commission's notice on the nomination to the property owner.
(d) Presentation of nominations. Following staff evaluation and recommendations, nominations will be presented to the Antiquities Advisory Board. Written notice of the presentation will be sent to the owner. The Antiquities Advisory Board will review each nomination, the staff recommendations related to each nomination, and any testimony given by the owner of the property and the public at large. The Antiquities Advisory Board will then pass on its recommendations regarding each nomination to the commission. The chair of the Antiquities Advisory Board, or one of the other commission members who serve on the board, will present the nomination and recommendations to the commission at one of its public meetings.
(e) Comment period. No vote on final designation may be taken by the commission for a minimum period of 30 days, during which time all concerned parties may present evidence in support of or against designation of the property. Comments should address the property's merits in light of the criteria specified in Sections 26.7-26.10 of this title (relating to Criteria for Evaluating Historic Structures; Criteria for Evaluating Archeological Sites; Criteria for Evaluating Caches and Collections; and Criteria for Evaluating Shipwrecks).
(f) Presentation of designation and designation vote. After the minimum comment period of 30 days has elapsed, the commission may consider the property for designation at one of its public meetings. The owners of the property will be informed of the agenda by written notice at least 15 calendar days in advance of the meeting date. Anyone may present evidence or testify at the meeting when the final decision is to be made. The commission may then vote to designate, to deny designation, to request further information, or to make any other appropriate decision.
(g) Additional evidence. If designation of a property is denied, interested parties may present additional evidence at any time for the commission's reconsideration. The evidence will be considered by the commission at one of its meeting dates.
(h) Additional hearings. Any owner of a property designated as a State Archeological Landmark who is aggrieved by the designation procedure as applied to his or her property will receive a full evidentiary hearing upon request, or the formal designation can be removed by action of the commission.
(i) Notification of designation. Written notification of the commission's decision on designation of a property as a State Archeological Landmark will be forwarded to the owner.
(j) Listing of State Archeological Landmarks. If a property is officially designated as a State Archeological Landmark, the property will be listed in the commission's inventory and may be marked with the standard State Archeological Landmark marker, if deemed appropriate by the commission. A current list of all historic structures, sites, and objects so designated will be maintained in the office of the commission.
(k) Privileged or restricted information. The location of archeological sites is not public information. However, information on sites may be disclosed to qualified professionals as provided for under Title 13, Part 2, Chapter 24 of the Texas Administrative Code.
Rule 26.13: Designation of Private Property
Cultural resources of national, state, or local significance in private ownership may be nominated by individuals or institutions holding title to the property on which the resources are located. Nominations must be made on a commission-approved form. By signing and submitting an approved form, the owner agrees that if the property in question is designated as a State Archeological Landmark, he or she will file a notice of the designation with the deeds clerk of the county where the property is located and pay any filing fees required. After filing of the designation form, the commission may provide the owner of the landmark with one cast aluminum marker. The owner will be responsible for prompt and permanent placement of the marker or markers on the site in such a way as not to damage the resource. A site or structure on privately owned property, which is designated as a State Archeological Landmark is afforded the same protection under the Code as resources on public property. The nomination and designation hearing process for the designation of privately owned sites or buildings will follow the same basic procedures set forth in Section 26.12 of this title (relating to Designation Procedures for State Archeological Landmarks).
