# 13 Tex. Admin. Code § 26.9: 13 TAC § 26.9. Designation of Private Property

> Texas · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T13_P2_C26_S26_9

## Section

- **Citation:** 13 Tex. Admin. Code § 26.9
- **Heading:** 13 TAC § 26.9. Designation of Private Property
- **Jurisdiction:** Texas
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Texas Administrative Code / Title 13 CULTURAL RESOURCES / Part 2 TEXAS HISTORICAL COMMISSION / Chapter 26 PRACTICE AND PROCEDURE / 13 TAC § 26.9

## Text

(a) Designation procedure. 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. The nomination must be submitted to the
 commission on a form approved by the commission. In addition to the
 nomination requirements listed in §26.8(a) of this title (relating
 to Designation Procedures for Publicly Owned Landmarks), the nomination
 must be accompanied by proof of ownership, such as a deed record,
 and payment for the medallion. The nomination form shall contain language
 that expressly states the owner's consent to landmark designation
 by signing the form. A site, building, or structure on privately owned
 property, which is designated as a landmark by the commission, is
 afforded the same protection under the Antiquities Code of Texas as
 resources on public property. The nomination and designation hearing
 process for the designation of privately owned property will follow
 the same basic procedures set forth in §26.8 of this title.
(b) Recordation and marking of landmarks on private
 property. Upon designation, the commission shall record the property
 owner's consent and notice of the designation in the deed records
 of the county in which the property is located, provide the property
 owner with a copy of the filed instrument, and retain a copy of the
 filed instrument in the commission's records. Landmarks shall be marked
 with a marker or medallion, to be installed by commission staff or
 designee immediately after designation.
(1) Archeological sites designated as landmarks shall
 be marked with a landmark marker. The UTM coordinate of the marker
 will be retained in the commission's records.
(2) Historic buildings and structures designated as
 landmarks shall be marked with a medallion bearing the words "State
 Antiquities Landmark". The property owner shall provide payment for
 the medallion when the nomination form is submitted to the Commission.
 A photograph of the installed medallion showing its context will be
 retained in the commission's records.

## Nearby sections

- [13 Tex. Admin. Code § 26.7 13 TAC § 26.7. Location and Discovery of Cultural Resources and Landmarks](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T13_P2_C26_S26_7.md)
- [13 Tex. Admin. Code § 26.8 13 TAC § 26.8. Designation Procedures for Publicly Owned Landmarks](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T13_P2_C26_S26_8.md)
- [13 Tex. Admin. Code § 26.9 13 TAC § 26.9. Designation of Private Property](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T13_P2_C26_S26_9.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T13_P2_C26_S26_9. Check the current official text before relying on it. Not legal advice.