Res 2026-017 Approving the City of San Marcos Historic Preservation Plan

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1$v ANTIQUITIES CODE OF TEXAS HISTORY, CULTURE, & EDUCATION 1969 1983 Natural Resources Code, Title 9, Chapter 191 also known ACT, protects archaeological sites and historic buildings on public land in Texas. The Code requires state agencies and political subdivisions of the state — including cities, counties, river authorities, municipal utility districts, and school districts —to notify the THC of ground -disturbing activity on public land and work affecting state-owned historic buildings. The law also established State Antiquities Landmarks (SAL), a designation that can be applied to buildings and archaeological sites. The THC must review projects affecting SALs and issue a permit for the work. TEXAS ADMINISTRATIVE CODE 1977 Government Code, Title 10, Subtitle A, Chapter 2002 established a TAC, which is a compilation of administrative laws created by state agencies like THC, while legislative acts are statutory laws. TAC contains 17 titles, each representing a category and related agencies. Titles 10, 13, and 31 relate to local conservation and preservation planning efforts. Developed in 1998, Historic Texas Cemetery (HTC) Designation is the result of a THC administrative law in Title 13, Part 2, Chapter 22, Rule 6. TITLE io PART 1 PARTS Community development Housing and community affairs Office of the governor, economic development and tourism office TITLE is Cultural resources PART 1 Texas state library and archives commission PART 2 Texas historical commission PART3 Texas commission on the arts Records management interagency coordinating PART 4 council PARTS Texas state cemetery committee Texas emancipation Juneteenth cultural and PART 6 historical commission PART 7 State preservation board PART 8 Texas film commission TITLE 31 Natural resources and conservation Government Code, Title 4, Subtitle D. Chapter 442 established the Texas Historical Commission (THC) as a state agency to serve as a "clearinghouse" for historic preservation work in the state, and Chapter 443 established the State Preservation Board. Chapter 442 allows the THC to provide matching grants for historic preservation, conduct educational programs, and heritage tourism, among other responsibilities. It also established the Historic Courthouse Preservation Program and the State Historical Marker Program, including protection of, Recorded Texas Historic Landmarks (RTHL) and Historic Texas Cemeteries (HTC). PUBLIC PARKS & RECREATIONAL LANDS 1983 Parks and Wildlife Code, Title 3, Chapter 26 provides protections to publicly owned parks, recreational lands, and historic sites. Public lands designated as parks, recreation areas, scientific areas, wildlife refuges, or historic sites cannot be used by public entities for other projects unless certain criteria are met. The entity must show that there are no reasonable alternatives and that the project minimizes harm to the land or site. This decision must be made after providing notice, holding a public hearing, and considering local preferences. MUNICIPAL ZONING AUTHORITY 1987 Local Government Code, Title 7, Subtitle A, Chanter 211 grants municipalities the power to use zoning to regulate locally designated historic districts and landmarks. The City of San Marcos has used this authority to adopt ordinances designating seven local historic districts and nine local historic landmarks. In 2021, this law was amended to require approval of 75% of the governing body of the municipality and the relevant commission for historic designation if the property owner does not consent, making it more challenging to designate local landmarks and districts without owner consent. 19 SAN MARCOS HISTORIC PRESERVATION PLAN (2026)