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08142002Workshop Agenda
HOME OF PEUCAN ISLAND CITY COUNCIL HISTORIC PRESERVATION AGENDA PACKET WEDNESDAY AUGUST 14, 2002 6'OO PM City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject Histodc Preservation Plan IE,~hibite: HistoYnc Preservation Packet presented by Chrisfiana Jackson. August 2002 Agenda No. Department Origin: City Manager . .Date Submitted: ~ For.Agenda of: 8/14/02 Workshoo Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT City Council, at its May 8, 2002 Regular Meeting, following a brief presentation by Anna Jackson, recommended a workshop be scheduled to discuss historic preservation. On June 26, 2002 City Council scheduled the workshop for August 14, 2002 at 6 pm. Ms. Jackson, dudng her May 8, 2002 presentation suggested the following: 1) adoption of an historic designation ordinance; 2) designation of a national register district along Palmetto and Louisianai and/or 3) selection of a theme for the buildings designated historical. Ms. Jackson has submitted a document entitled "Historic Preservation Packet - Compiled for the City Council Members, City of Sebastian", for your review. RECOMMENDED ACTION Discuss development of an Historic Preservation Plan and direct staff accordingly. CITY OF SEBASTIAN HOJVIE OF PELICAN ISLAND Agenda City Council Workshop Histodc Preservation Wednesday August 14, 2002, 6:00 p.m. City Council Chambers 1225 Main Street, Sebastian, FL 2. 3. 4. 5. Call to Order Roll Call Overview of National Register & Historic Preservation Council Discussion Adjourn ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THA T A VERBATIM RECORD OF THE PROCEEDING iS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMODA TION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589.5330 A T LEAST 48 HOURS IN ADVANCE OF THIS MEETING. HEARING ASSISTANCE HEADPHONES AREA VAIl. ABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. C._OMpLLF:D FOB THE CITY COUNCIL MEMBERS C~TY OF SEBASTIAN · aCkson, Historic Preservationist August 2002 HE PURPOSE O ...................... 4. PRESERVATION; iNe~.,~,~.~OLUTIONS .... ION P~N? ............ '"~ 7. LOCAL GOVERNMENT-HISTORiC PRESERVATION TOOLS .......... ....... 8. GLOSSARy ........... . ..... ..... . ............................................................... ~ST ~AGE National Regie~r; What it Will Do and Won't Do. National Register of Historic Places, Results o[ listing in Florida, Florida Depa~ent of State. Hi~to~¢ Pmae~ation in Fio~da .~ · o~ State, Bureau o ' · , hat ~t Means ~ Ad · _ f H~stonc Pmse~ation. opt an O~nance. Florida Depa~ment ~ Citizen's Guide To Pm~cfin H' -. Constance E. Beaumon Ua~;-_~--IstO~c Places: Loca ~ HIstoric p- . ', ,-=.,u.a, -rust For Historic Presl.~;;;~?a"°n °~'~nc.. By mse~afion in Fio~da, Benefi~ of ~e Ce~fled Local Government Program. Florida Depa~ment of S~te, Bureau of Historic Pmse~ation. Historic Pmae~ation in FIo~da. Ce~ified Lo~l Govemmen~ Requirement. Florida Depa~ment of State, Bureau of Historic Pmse~ation. HJsto~c Pmse~afion in Florida. Ce~fled Local Govemmen~ and National Regis~r Nominations. Florida Depa~ment of State, Bureau of Historic Pmse~ation. ' Policy Guide on Hisb~c and Cultural Resoumes., ~erican Planning Association, 1997. Planning and Zoning, Sma~ Gm~h Tool for Main Street. National Trust ~r Historic Pmse~ation,2002. Undemanding Prope~ Right. National Trust For Historic Pmse~ation, 2002. ~/ info~e~on and hand. ou~ in . ob~ined and ~pled w~ w~ en~or ve~a/ .e~i~ln_ - _~is Packet wem ~ .~,un orpublishe~eu~om. WHAT.IS HISTOP~...C.. PRESERVATION? Historic Preservation is the careful and thoughtful management of the built and cultural .heritage. A more basic definition of Historic Preservation is the identification, protection, and enhancement of historic resources with four separate treatment options for a historic resource as identified by the Secretarv..of the Interiors Stat3dards for the Treatment of Historic Prooerties: Preservation, Rehabilitation, Restoration, and Reconstruction. in certain countries outside the USA 'Historic Preservation' is sometimes referred to as 'Conservation'. Overall, Historic Preservation is about having respectand appreciation for our heritage which in turn can help instill and promote community pride and economic development. WHAT iS THE PURPOSE OF AN HISTORIC PRESERVATION PLAN? The purpose of' an Historic Preservation Plan is 'to guide efforts to preserve and protect the valuable historic and cultural resources and character of a community. The plan'is intended to influence the direction of changes and development by public and private activities to be sensitive to historic preservation and cultural resource values. PRESERVATION: SENSITIVE SOLUTIONS City of Sebastian PRESERVATION: INSENSITIVE SOLUTIONS City of Sebastian This historic house in Sebastian is neglected. Avoid demolition by neglect with laws and' incentives for rehabilitafion.(left) Cities can provide Preservation Boards, Design review and Technical Assistance which can help avoid destruction of historic fabric or encourage using period materials of construction. (right) ..... "':. '.' '/: ;:,/~..':.i ??:'i' Preservation Ordinances and Local district designation can BENEFTI'S: Why_Historic Preservation? .. The history of a community contributes to its personality. Preserving the history of a place through its historic properties gives a community its unique character. Historic preservation provides a link to the roots of the community and its people. It provides economic development opportunities in tourism and construction related jobs for repair and rehabilitation. Overall, historic preservation adds to the quality of life making for a more livable community. Historic preservation is beneficial to the community in the following ways: · Culturally a community is richer for having the tangible presence of past eras and historic styles. · Economically a community benef'~ from increased property values and tax revenues when histodc buildings are protected and made the focal point of revitalization and when the community is attractive to visi~rs seeking heritage tourism opportunities. · ~ a community benefits when d~Jzens'take pride in its history and mutual concern for the protection of the historic bUilding fabric, · Develop)mentally a community benefits from having a concerted and well defined planning approach for the protection of historic buildings while accommodating healthy growth. .. · EIn~vironmentally a community benef¥cs when historic buildings are recycled (restored, rehabilitated) rather than demolished and disposed of in the community landfill. · Educationally a community benefits through teaching local heritage and the understanding of the past and the resultant cultural respect by its citizens. (This page was copied and dism'but~ wi~ permission of the Ci~ of 3uneau, Alaska ) See their website at http://www.iuneau, lib. ak.us/history/ Historic preservation efforts can be influenced by local, state, and national social, political, economic, legal and other factors, These influences can come from private enterprises or public agencies. Successful preservation Planning recognizes these influences and utilizes a process for resolving conflicts from various interest groups and reaching consensus within the community. · Historic preservation planning is important for the following reasons: a. To clearly state goals of preservation in the community. b. To let residents know in 'advance how the community wants to grow and what the community wants to protect. c. To assure consistency between various government policies that affect the community's historic resources, d. To educate and inform citizens about their heritage and its value.to the community. e. To create an agenda for preservation activities and to create a.way to measure progress in protecting historic resources. f. To comprehensively address issues relating to tourism, zoningt traffic patterns, development patterns, and design that affect historic preservation. g. To encourage economic development through the preservation of historic resources. h. To strengthen the political understanding of and support for historic preservation policies, (This page was copied and distn~buted with permission of the City of Suneau, Alaska ) See their website at http://~.i,m~au, lib.~.us/h~.' orr/ A portion of the text used was from: Bradford J. White and Richard J. Roddewig, pr.el~arina a Histori.c. Prese..rvation Plan (American Planning Association, Planning Advisory Service Report No. 45, 1994), pp. 1-20. LOCAL GOVERNMENT- HZSTOR]~C PRESERVAT]~ON TOOLS "Among the first lessons the preservationist learns is that the legal power to protect historic places lies chiefly with the local government. This is a lesson often learned the hard way, for many people assume that the federal government, being the "highest" level of government, is the strongest guardian of historic sites." - Constance E. Beaumont, A Citizens Guide to Protecting Histo#c P/aces: Local Preservation Ordinances, National Trust for Historic Preservation. "Listing in the National Register or being determined eligible for listing does .not automatically preserve a building and does not keep a property from being modified or even destroyed" - Florida, Department of State, Division of Historic Resources, National Register of Historic Preservation, Results of Listing in Florida. Examples of Local Government Tools: SURVEY & DOCUMENTATION NATIONAL REGISTER LOCAL HISTORIC DESIGNATION TECHNICAL ASSISTANCE PRESERVATION ORDINANCES DESIGN REVIEW HISTORIC PRESERVATION BOARDS CERTIFIED LOCAL GOVERNMENT PROGRAM TAX INCENTIVES ZONING INCENTiVES REGULATORY RELIEF FINANCIAL ASSISTANCE 7 FLORIDA DEPARTlVlENT OF STATE ~ KATN~i:U. NE HARRIS - SECRETA~, ,Y OF STATE The National Register of Historic Places is an official listing of properties throughout the country that reflect the prehistoric occupation and historic development of our nation, states, and local communities. The Register is maintained by the NatiOnal Park Service under the Secretary of the Interior. It is used primarily as a planning tool in making i decisions concerning the development of our communities to ensure, as much as possible, the preservation of buildings, sites, structures, and objects that are significant aspects of I our cultural and historic heritage. Sometimes there are misunderstandings as to what listing in the National Register will mean for a property owner. The following is an WILL°Utline DO°f what it will do and what it will. not do. :' ' The National Register provides recognition that the property is deemed by the federal and state governments to be significant in our history at the national, state, and/or local levels. Most properties are significant because of their local significance. The National Register identifies the properties that local, state, and federal Planners should carefully consider when developing projects. Projects involving federal funding, permitting, licensing, or assistance and that may result in damage or loss of the historic values of a property that is listed in the National Kessler or is e!ieible for listing are reviewed by the State Historic Preservation Office and the federal Advisory Council on Historic Preservation. A similar review takes place under state law for state or state-assisted undertakings. A typical example of projects that are given such review is road construction or improvement. For more information, call the Compliance Review Section of the Florida Bureau of Historic Preservation at (850) 245-6333. Listing may make a property eligible for a Federal income Tax Credit. If a registered property that is income producing undergoes a substantial rehabilitation carded out according to the Secretary of the Interior's Standards for Rehabilitation, the owner may apply for a 20% income tax credit. The credit amounts to 20% of the cost of the rehabilitation. For more information, contact the Architectural Preservation Services Section of the Florida Bureau of Historic Preservation at (850) 245-6333. In 1992, the Florida Legislature passed legislation that allows counties or cities to grant ad valorem tax relief for owner~ of proPerties that are listed or eligible for listing in the National Kegister or'in a local district. When a property is improved its value is increased and the assessment is raised accordingly. The ad valorem tax legislation provides that the increase in assessed value of the improved property will be exempted for up to 10 Years from taxation for those portions of the tax bill affected by local option county or municipal exemption ordinances. This provision is available for both income and non,income producing properties. ContaCt your local property appraiser to see if this provision is available. Listing may make a property exempt from certain Federal Emergency Management Act (FEMA) requirements aud eligible for some American Disabilities Act (ADA) and building safety code adjus~nents. For more information, cai1 the Axchitectm~l Preservation Services Section of the Bureau of Historic Preservation at (850) 245- 6333. Listing or being determined eligible for listing is'not :required for receiving state preservation grants. The competition for the grants is intense, however, and this official recognition adds weight to the argument that a property is si~ificant and should be awarded a grant. For more information, call the Grants and Education Section of the Bureau of Historic Preservation at (85 0) 245-6333. WILL NOT DO Listing in the National Register or being determined eligible for listing does not automatically preserve a building, and does not keep a property from being modified or even destroyed.' Unless an undertaking is state or federally funded, or regulated by local oixtinance, private property owners may deal with their property in any way they See fit. Architects in the BUreau of Historic Preservation are available to provide advice concerning the best ways to approach rehabilitation needs while maintaining the historic character of a property. For more information, call the Architectural Preservation Services Section at (850) 245-5333. · Private owners are not required to open their listed property to the public for visitation. · The federal and state governments will not attach restrictive covenants to a property or seek to acquire it because of its listing in the:National Register. What It Means To Adopt A rreservauon ramance Bureau of Historic Preservation R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 -. 1,-800-M7-7278 I;-~ (SSO) ~-0~ A Preservation Ordinance: · Provides a municipal policy for the protection of histc~ric properties.. · Establishes an Objective and Dem0cra..ti.'.c process for designating historic properties. · Protects the integrity of designated Historic Properties with a design review requirements. · Authorizes Design Guidelines for new development within Historic Districts to ensure that it is not destructive to the area's Historic cha~. · Stables declining neighborhoods and protects and enhances property values. A Preservation Or.d_inance DOES NOT: · Require permission to paint your house or review color section. · Require that Historic Properties be opened for tours. · Restrict sale of property. · Require improvements, changes, or restoration of your property. · .Require approval of interior changes or alterations. · Prevent new construction within Historic areas. Require approval for ordinary repair or maintenance. Florida Department of State 1-2 The real iga'ue is not whether we will hate change, but how gnmt it rill be, how quiddy it will ha2pen, and haw ~hatte. ting it~ impact rill - J~obert F... Stip~ in North CtrralinqCentrat~ ~ottr~ l'roL'l~, No. ;~ 2980. A CITIZEN'S GUIDE TO PROTE~G HISTORIC PLACES: LOCAL PRESERVATION 'ORDINANCES by ,. Constance E. Beaumont Among the first lessons the preservationist learns is that the legal powe.r to protect historic places lies chiefly with local gover",~ent. This is a lesson often learned the hard way, for many people assume that the federal .government, being, the "highest" of government, is the strongest guardian of historic sites. They assume that if a property is listed on the National Register Of Historic Places, it must be protected automatically. This, unfortunately, is not the case. When it comes to'. historic preservation, the strongest protection is typically found in preservation ordinances enacted by local governments. Preservation ordinances.in the United States date to 19B1, when Charleston,.S;C., became the first Axnerican city to establish a local historic district. Today them are over 1,700 communities with preservation ordinances in place. Big cities and small towns alike have found these laws to be an effective tool in Protecting historic places from such undesirable fates as demolition for surface parking lots' or deterioration' through neglect. Preservation ordinances are local laws through which owners of historic properties · are ustially prohibited from altering~ or demolishing their property without local governmem approval.. Such restrictions are comparable to the many z0,~,~g and housing. Most o~dinancc rcstrlctlons ar~ limited to chaugcs affecting th~ c~,..rlor of a structtuc,'l~avi~ propcrty owners frcc to modify intcrlors as thcy wish. How~vcr, som~ cities ha~ enacted ordluanccs that re4uhtc changes to historic building interiors. subdivision regulations in Place across the country. These restrictions are imposed to protect homes and businesses against the devalning effects of unsightly or ~appr0priate development on nearby properties. An ordinance.c an'protect individual ian '.drunksI only, entire historic districts, or l~oth'landmarks and districts. To ensure that new buildings fit in harmoniously with their older neighbors, historic district ordinances typically regulate the design of new construction as well as changes to existing structures. The authority to regulate private property through historic preservation 'and land. use laws is derived from the states' police powers. The states have generally delegated these powers to dries and towns, and every state except Wyoming has empowered local governments to regulate development affecting historic sites. Local preservation ordinances vary widely, but they must ail comply with fo. ur. cardinal rules of land-use law; 1. An ordinance must promote a ~.val/d public purpose. That is, it must in some way advance the public health, safety, morals or general welfare; 2. An ordinance must not be so restrictive as to deprive a property owner of all reasonable economic use of his property; 3. An ordinance must h6nor a citizen's eonstitu{iona! right to "due process." In other words, fair hearings must be provided and rational procedures must be followed in an ordinanee's administration? mad · 4. An ordinance must eompiy with relevant state laws. ~ As Robert E. Sfipe expl-~,,~ in The American Mosaic Pm~e_,'vln~ A Nation's Herltag~ "(Land use). lawi must be specific and tmders~mdablc by ordinary eltlze~ they must apply with equal fi~rc~ to ~verl~c; and they must have a believable relationship to the objeal~ of promottug public health, salty, morals or' general welfare. Most importantly, they mu.st not go so far i~ their application as to deprive the owner bf too much beneficial use of the property.' '. If an ordinance violates.auy one of these ralei, it Stands the ~ of being invalidate~ by a court. If it violates the s~cond rule, a court may order the local government to pay a property owner '~just compensation"'for taking private property in violation of the Fifth .4ane~dment ..... " The basic constitutionality of historic preservation ordinances'was upheld in 1978 by the U.S. Supreme Court. In Penn Central_Transportation'Co..v. C'i~ of New Yo~r~ (438 U.S. 104 (1978)), the court settled two important questions.2 First, it foUnd historic preserya, tion to be a valid public purpose: Because this Court has recognized, in a n-rnber of s~ttings, that · States and cities may enact land use restrictions or controls to enhance the quality of life by preserving the character and desirable aesthetic features of a city.., appellants do not contest that New York City's objective of preserving structures and areas VAth sPecial · ' historic, architectural, or caltural sig~incance.is an entirely .. _ permissible government goal... The restrictions imposed (by New york's landmark ordinance) are substantially related to the promotion of the general welfare... Secondly, the court held that New ¥ork~ ordinanc~ - andby inference, similar ordinances enacted by other cities - had not taken private property in violation of the U.S. Constitution because the .ordinance~ restrictions left the Penn Central company ~ The U.S. Supreme Court has issued several major land.use rulings rdn~ 19'/8. While: the~e do not focus on historic preservation, it h important to know about them because they may affect preservation. In K~ystone Bituminous Coal Assn. v. DeBenedictls. (480 U.S. 470 (1987)), the Supreme Court reje. cted ~ tald.~gs cla;,,, ag,;-st Pe,,,~ylvania's land subsideac~ hw. Among other thin~,.th~ court obsexw~: "Under our system of gov,~ramant, one of the ~tateh primary ways of.pr~ervlng th~: public w~al is re..~trlctial~ individuals can mal~ of their property. While each of us is burdened ~omewhat by such rastrlctlom, va:, in turn, benefit greatly from the restrictions that are placed on others." i~ Ir=st En~llsh Evan~¢l~ froth=ran Church v. County of Los An==les (482 U.S. ~ (1987), thc. court hgd that the rr, medy for a temporary r~gulatory taking is not merely the invalidation of a la~d use orcthan~ but just comp~msatlon to the prop=reT owner for the period during which the taking occurred. A~d in Nollan v. C.~tif0rnh Coastal (483 U.S. 825 (lP87)), the cour~ said ther~ ,',mt be a ,,exuz between the purpose of a land'use regulation and . the specLqc regulation used to nc. Mew that purpose. In other words, the 'means should fttrther th~ ands. Significantly, the court did =or back away from its ~ ntling ia any of th~ dechlous. The court has y~t to explain how compensatlo= should be determined ia a temporary r~gttlatory taking case.. See ~ 447 LIS. 255 (~80), San Die~ Gas &Electric Co. v. Cit,.of San Diego~ 450 U.S. 621 (1981), Willlamson County Re~rlons! Plannln~ Commission 'v. Hamilton Bank, 473 U.S. (1985), and MacDonald. Somm~r & Prates v. Count'v of Yolo (Calif.). 477 LI.S. ~ with a "reasonable beneficial use" of its landm~k property. The court punctured the oft- heard argument that property owners are entitled to make the most possible money (the "highest and best use") from their land: '...the. submission that (property owners)' may establish a ."taking',' .simply by showing that ih'ey have' been denied the . ability to exploit a property interest that they heretofore had believed was available is quite simply untenable. But local ordinances must do more than pass muster under the federal Constitution; they must also comply with state laws and ~constitutions. As noted above, every state except Wyoming has empowered local governments to enact .historic preservation regulations. Many states have enacted e. nabl{ng laws for local M~toric district or landmark statutes. Other states have given localities' broad ~nome rule" powers, permitting them to exercise all powers not expressly prohibited. Still others ~have conferred the power to protect historic sites on localities through statewide zon{~g enabling laws. Basi.c elements of a preservation ordinance With the legal authority for local preservation ordinances now well established, the. question arises: what shoUld an ordinance look like? Some state preservation offices and nonprofit organ/zations have prepared model local ordinances that a community may find useful as a starting point. However, ff models are used, they should be adapted to address local needs and not be adopted unth~lcingly. Ordinance drafters should also consult state case law, for important court decisions affecting local ord/nances may .have been rendered. Basic elements that should form part of any' ordinance are set forth below." a. Statement of' Pu~ose. An ordinance should clearly state its publiC pUrPose. Although historic preservation can be justified for its own "sake, many jurisdictions have found it'legally and politically prudent to l~t~k historic preservation to other community goals as well. (Some lower courts have ruled that "aesthetic regulation" is not a. valid . . public purpose, but have sanctioned such activities ~ economic development,, heritage education and neighborhood revitalization.) Cape May, New ~Iersey's ordinance includes ~aong its purposes "to preseroe and ~nhan~-e..the environmental quality of n~ighborhoods, to strengthen the Township's economic base by the stimulation of the tourist industry, to establish and' irnprov~ property value, s; to foyer ~c°nornic development; to"ra, tmage:gr~tta,,". . b. ~:~uf. Teen-ca.1 terms -- e.g., "alterations," "demolitioa by neglect" and "envixonmental settings" - need explanation. They should.be clearly, defined somewhere in the ordinance. c. Preservation Commission. Some entity with~ local government must be charged with administering the ordinance.' Usually this is a preservation or design review · commission comprised of local citizens. Many ordinances require preservation : commissioners to have special expertise in certain disciplines, such as architectural history, architecture, law or real estate, to gUard against cl~a~rn.~ .of arbitrary and capricious decisionmaking, Some ordinances"~:all for representation by the city planning board on the commission to ensure that local plamfiag goals .are'related to historic preservation. The qualificatiOns of commission meanbers as well as their terms of office need to be spelled out. d. (~omrnission'Powers and Duties. Most commissions are charged with the duty to conduct historic surveys, maintain inventories, and keep adequat~ reCOrds of their' actions. Their authority over the designation and regulation of historic properties varies, however. Some comr~ssions may only make recommendations to other governmental bodies- e.g., a. planning board or city council - whereas others have the Euaal:wo.rd on whether and how historic properties may be altered. Although a property owner must submit development or rehabflitation plans to a commission with merely advisory powers, he or she need not follow the' commission's recommendations. Obviously the more authority vested in the commission, the stronger the protection for historic sites. Many commissions may deny proposals to demolish historic buildings; others may only delay such actions.4 Despite cia/ms to-the contrary, demolition denials do not .. constitute a "taking" in v/olation of the U.S.'Constitution so long as a property owner has not been de~ed all reasonable use of'his property. ]Redu.ctiom/aa prope .r~ values due to regulatiOm m-e not "inkings.'s .e.. Criteria.for Desi_~natinF Historic ProDertier.. Objective, relevant criteria should be established for evaluating the historic or architectural worth of a structure. Appropriate criteria include such things as a building~ role in natic~nal, state or local histo~, its association with prominent historical figures, its architectural or engineering excellence, its cultural significance, etc.6 F. xamples of 'cin~ that authorn~ the demal af d~imolificm -,-~i,- :--'- ~ D~n~r (CO), Dht~ct of Colmb~ h~ap~ ~, ~ ~), New York merely dgay such pe~its ~: Po~d (OR), Sa~to ~fl B~ ~). s See ~ndmark Yell~ Pa~es ~reser~tlon ~ ~) ~ ~tafio~ of ~ ~es on de~i~ uphold~g Io~ ord~ces ~ states t~u~out ~e 6 ~thou~ some o~s req~ ~ ~ ~ment b~ a pmpe~ may be offi~y 1~~ ~ fi not re~mmended. ~e ~es of ~ ~d~ prop~ ~er ~ not ~ obj~fi~, Pri~m ~di~du~s ~ not ~d to ~to ~g m~afiom .or o~ pubic ~; ~ ~o~d ~ot be ~d to ~to ~to~c pmpe~ de~afio~ ~r ~ment p~om ~o ~c leg~ qu~tlom they ~ably represent a st~d~flle= ~d ~ ~mmfimfi~ d~e~fion of ~ ~n to p~te ~dMflu~. To quote ~m ~e U. S. Sup~me ~ ~ ~g (~ U~. ~ (~): the me~ of ~e ~w whb, mg~ ~y ~ ~ appefit~ or p~ · ey ~ pe~itted to do ~ ~e~ p~e. U~r ~ ~tem ~at ~r deposit to ~t what ~ ~ ~ ~e ~ p~ o~ ~e stat~ to det~e p~y what m~ ~ ap~te or ~ ~r pmte~oa o~ ~e pubic mor~ ~e pu~c h~ ~ ~e pubic ~U. I~L Volume 20, Number 2, f. Procedures for Desi~atin~ Historic Landmarks and Districts. Ordinances must comply with basic "due p.rocess" requirements. Property owners must be given adequate notice and an opportunity to be heard before their property rights are curtailed.' Otherwise, .an ordinance could be invalidated by a court. Th..e ordinance needs to explain WhO can no~-i~ate properties ~or historic designation; hOw and When affected property owners are notified; how many public hearin~ there axe; wh° must approve designations; and what the timetable for these actions is. g. Reviewable Actions and Procedures and Standards for Reviewirq,._ Them. The ordinance should expl~i- what types of changes - e.g., demolitions, building/landscape alterations, new construction in historic districts - axe subject to review. ordinances exempt minor repair and m~i-tenance from review.) It is also important that alteration or demolition requests be acted upon fairly and in a timely fashion. critical for commissions to review such requests according to reasonable standards clearly set forth in thc ordinance. The goal is to let' property owners know what the rules axe. A system perceived to be rational and equitable will go a long.way toward avoiding problems. Some cities have incorporated the Secretary of the ILntcrior's Standards for P, ehabilitation into their ordinances. Although these standards are a useful set of guiding principles fo~ the federal programs for which they were intended, ffused by local preservation commissions, they should, be adapted to meet local needs and phrased in appropriate regulatory language? h. Economic .Hardship. All historic preservation ordinances should include a process and standard for evaluating economic hardship claims. 'Such provisions can act as a safety valve if the ordinance is challenged in court; conversely, their absence can make .an ordinance vulnerable to attack. The ordinance should explain the process for See "The Secretar~ St.~darcls Ca= Be Hm'mful to 'Yom Historic Dist. dc~' by K~therlne l~.ub.PJdley.. preservation l=orum. Spring Xgg0. 2. obtainhg a hardship fred/rig and spell out What information thc commission needs to evaluate hardship claims. Thc tlmi~g for reviewing hardship claims is aho important. Such claims should be considered only after an spplication for approv~ to alter or demolish s structure has been'denied, not wkil¢, properties are st/Il being 'consi/lcmd for historic designation or before, applications for a/teraions arc acted upon. In effect, economic hardship review is comparable to the variance process under zoning laws. i. Penalties. Ordinances must be enforced if they are to be effective. Penalties for v/olati~g thc ordinance provisions may include fines (usually levied for each day a violation continues), requirements to restore or pay for willflllly damaged landmarks, den/al of permission to rebufld"on sites where landmarks were illegally demolished, and even jail. The st~r'~ess Of the penalty varies 'with each cornr~ur~ty depending on the 1/kelihood of non-compliance. j. ~. Even ff an ordinance is sflem on appeals,'a'citlzen still has the right to challenge a corem/salon% ruling in court. However, it is wise to clarif}, the appeals process. Wh/l~ some ordinances make commission decisions appealable only to the courts, others find it easier and less expensive 'to have boards of zoning appeals or some other administrative body to handle these cases. If the latter course is chosen, it's /mponant to g/ye such bodies clear cr/teria for considering appeals. Otherwise, they may use political criteria or assume unproven econOmic hardship on the pan of the property owner. Appeal board reviews should be l~rn~ted to the facts presented to the preservation commission in considering whether a decision was made arbitrarily or capric/ously,s s Th~ pros and cons of different app..als procedures am disamcd in tv~ Plannhg Advisor), repons availabl~ from th~ Am~rlca~ Planni~ Associatlo= ~tmrhL~A Historlc Pr~rvatlon O~d;,~,~c~'~ P, espoMin~ to thc Takings Chall~nire (Chapt~ Four). Se~ r~f~nces at end of ~ ~d~. and ~Administerin_e An Ordinance. The operating style of a preservation co--sion and its staff is important. Tact, sensitivity, and basic 'good m~,~ers in dealing with property owners can helP keep a commission out of court. A cor,~sion should aho avoid spen .ding hoUrs On wi.vial matters..while Werlooking. . major,hsucs.' 'This can. . cause the public to lose respect for a commission. Local innovations While most local preservation ordinances include the basic elements listed above, many go even further to address common problems in innovative ways. Some examples:' Automobile dominance: NotM-g destroys a hi.~toric area faster than subservience to the automobile. Seattle's Pioneer . Square Historic District Ordinance promotes a pedestri .a~: friendly environment by ba~-i~g gas Stations, drive-in businesses and surface parking lots. It also limits curbs cuts- and subje.cts the few .parking garages that are allowed to special design review. Environmental settings: The value of a historic structure is greatly dirn!-ished ff it is surrounded by ugly, incompatible development. The structure's setting should be protected. from such development ff at all poss~le. Miami, Florida's ordinance calls for drawing hi-~toric district boundaries so as to "include properties which individually do not contribute to the historic character of the district, but which require regulation in order to control potentially adverse influences. on the character and inte~,rity of the district." Interim protection: Often the mere discussion of historic property desilpaations will prompt property owners fearful of new re~.lations to seek demolition permi. 'ts. It is important to provide interim protection.~or' baflrl~s nom/nated,:but ~ not yet of:tidally desilp~ated ss, local M.~toric landmarks. This allows the local governing body to weigh the ruer/ts of specific nominadom without witnessing a rash of demolitions. An interim control ordinance should be for a set t/me period and should state the public purpose - e.g., comprehensive planning reasons - for the controls. Aflanta's ordinance provides interim protection ~f up to 11 months'. Desitin Guidelines: Portland, Maine~ Ordinance contains unusually well-organized and ~.ear gaidelin'es for reviewing new construction in historic districts. Not only does the ordinance provide guidelines for new buildings as individual. structures, but it also discusses the relationships between buildings and streets. Leesburg, Va., has created au overlay district to re,late the design of new construction alongside highways leading into the town,s historic district. Demolition by Neglect. Occ~ionally a' landowner will. deliberately neglect a historic strueun-e in the hope .of obtaining a demolition pennlt on the ground that the building jeopardizes public safe~. Many ordinances include "affirmative maintenance' provisions to prevent this.. The - Charlottesville, Va., ordinance states that a property owner - shall not permit a strucun~ to dete. riorate so badly that it · - produces a'"detrirnental effect' on a hlstor/c.clistrict or landmark The ordinance also cans for the maintenance of "surroundiz~g~ .environment, eJg., fences, gat~, .~de~ks, signs, accessory structures and landscat~ing."- · Surface Parking Lot~: Lest historic stmct~e$ bc demolished' to 'make way :for surface parking lots, Aflants.~s ord[nance now. requi~es prop~'~Y owners to provide detailed architectural plans .and e~idencc of financing for new building projects? Salt Lake City~ ordinance requires dennolition permit applications to bc accompanied by landscaping plans. The dry pl~ng department may obtain performance bonds to- ' ensure that landscaping is actually done~ Uses of Historic Structures: Although preservalion ordinances typically stay out of land use quesiions, as national ch~-~ and franchises relentlessly homogenize American communities, many prCservatio"i~ts are searchlnl~ for ways'to" preserve the small, locally*owned businesses that give each city its unique flavor while providin~ ideal users for small historic structures. The guidelines of the Pike Place Market Historical District Ordinance in Seattle state that all businesses using the Market arc to bc operated ~tith the owner involved in the daily management. Businesses serving iocal residents are preferred over those which are primm~y tourism-oriented.' The guidelines encourage local farmers to use th~ market and discourage fast-food outlets from doing SO. * Albany, Ncw Yorkg law, which also conditions thc issuance of demolition l~rmlts on ~c approval of new construction, was challenged but upheld in ~t.!kl~. 5.~9 N.Y.S. Appellate lid ~)1 (A.D. $ Dept. 1~o) The question of land uses raised by PLke Place Market~ guidelines presents a larger issue: How do the policies embodied in alocal comprehensive plan and Zoning ordinance affect historic propert/es? Either before, while or soon after the process of dra£'t/ng a local ordinance Occurs, someone sh .oUl, d e~.~e the local ~pl~gl an'd zoning policies for 'their' impact on preservation. Does the plan call for a r~ad widening in the, m/ddl¢~.of the historic district? Does the'zoning permit high-rise buildings where small historic structures now stand, thus putting economic presssures on property owners (or tempting them) to tear down and build new? Capital improvement plans and zoning policies are notorious for setting 'the stage for a landmark's future ~emolition~ It is important to evaluate these plans and policies and seek' appropriate changes lest they' undercut the local preservation ordinance~ Benefits of local preservation ordinances - Because preservation ordinances restrict what private owners may do With their property, preservation advocates must be prepared to articulate the broad community benefits that can flow from an ordinance. Below are some points preservation advocates might.consider as they seek to build public and..~bOlitical support for local ordinances. ]~nv/ronmental Benefits. The world is too small and our resources are too limited for us to waste anything. It makes no more sense to squander buildings or cities .and land than it does to despoil natural resources, 'Indeed,, doing the former necessitates the latter. Urban disinvestment and its partner, sprawl, harm the environment and waste resources in several ways. Buildings, streets and infrastructures for wMch.naturaI, resources have already been extracted go underused, compact urban centers in which people can get around by environmen~ly benign transportation modes - e.g. walking, biking or transit - are abandoned for inefficiently arranged "carburbs" in which e. veryone must rely totally on the automobile. This automobile-oriented sprawl unnecessarily depletes natural ~esom'ces,~° con~.mes fa_rmltmcl and destroys trees. It also ~t qu~ties of g~ ~d off ~d con~butes to ~ ~d w~ter po~ufiom ~e demo~fion of ~S~g b~ ad~ t0.w~te ~os~ problem. to some ~e~ ~, ~e deb~ ~m.b~g ~~on ~d demo~fi~n,c~:-' account for more ~ 20 percent of a m~,~dp~s soUd ~e S~e~~ BemUse su~ deb~ ~ b~ ~d ~t to compa~ or b~ ~ 'l~S~.re~e to ac~pt ~e lint ~o of ~e n~ "5 R~" - "mdu~, re-~e ~d re~cle" -.b~ taunt to c~ldren ~oday ~e m relent ~o b~gs ~d l~d m ~ey ~ to bottles ~8 p~pen~ _Economic Benefits. A frequently heard argument is that preservation regulations will reduce property values and stifle local economic development. The experience. , of many property owners and communities shows the exact opposite. A 1990 economic analysis~4 of busines.s' activity in Denver's Lower Downtow~ Historic District reported that the district actually fared better economically than other parts of the city: Within two years of the district~ designation, 114 new businesses creating 450 new jobs located in the district. While most of Denver suffered from a ~0 It takes the energy equivalent of onc gallon of gasoline to malco, deliw, r and ix~stall jast eight bricks. (Source: ~ssessini. thc Energy Co,.~crvatlon Benefits of Historic Pr~servation: Methods m~d Washington, D.C.: Advisory Cotmcll on Historic Pres~-vatia~, :lanuary lsrt~, p. 7.) ~ "Co~tructio,~ and Demolition Wastes: Thc N:glectecl Cl~.~.llenge of ~ 90g,* by ligdward D. Fowler. A paper presented to th~ I~glslatlw Com,~on on Solid Waste Manage, meat, N~W York City. :lanuary 2l, 1991. · ' ~ Augusta, Georl~a% pr~serv~tlo~ ordlmm~ iacludes ~mong its purposes the 'promot0oa of) the muse and r~-'ycling of existing building stock ia thc Ci~...a~l (t)he...com~rv(atioa of) iacr~ scarc~ hmdfill .~pac~ and valuabl: natural rr. sottrces. "The importanc~ Of practicing the aew ~ "P,g' ix th~ ~ of passh~ on a livabl~ e. nvlmmaeat to future g~neratiom was uadarscor~d on a CB.g special, "What About M~? I'm Only Thr~e,* alrr. d on t:l:visio,, ia April 1992. . ~" "Lo~r Downtown:' Economic Impact of Historic District De. signatio~,' by Hamm~ Slier George Associates. Suly severe recession, the Lower Downtown d~tric~ ~xperienced subst~utia] new ~ue b~een 1.971 ~d.1990 ~ prope~es lo~te~ e~cwhe~ ~ ~e ~. Co~~ while ~ose elsewhere rose by o~y 281~. ~e comp~abl~ fi~es for proposes w~m ~74~ ~d 410~, mspe~ly? . ~sto~c prese~on c~ ~o o~ e~no~c d~velopmem oppo~fies ~o lo~ co~~es. On~ notable ~le ~ he,rage to~ ~ ~ea of'~~ ~pon~ce to m~ sm~l to~ ~. econobay depraved m~om. ~e ab~ of Io~ con, des to at=act ou=ide ~itors - ~d ~e reve~s ~d jobs ~ey b~g ~ ~em - often depen~ on histo~c prese~fiom :~ccording to ~ur Pro=er, au~or of ~e =av=l ~de series ~ be~= ~urooe On SS A D~: Eve~ study of ~awl mo~om h= ~ ~at ~ ~temst ~ ~e achievemen= of ~e pet is .~o~ ~e ~e major re=om w~ people tra~l...~ong ~es ~ no p~= m~ea~on~ appe~ ~ose ~at .substami~y prese~ed ~eb pet ~n~u='-to enid. to~' ~ose haven~ r=cei~ no to, sm at ~. It ~ = s~ple ~ ~a~=~ Examples of st~ly re~lated ~to~c ~= ~at boost m~p~ coffe~ by attracting tourists ~clude Seattle's MstoHc ~ Ea~ M=ket ~d Pioneer Squ=e; ~to~o's River W~; BeaCon, Sou~ ~o~ M~ S=eet; S= ~r=~ d~t~; PhilsdelpMa~ SodeW ~; G~vesto~ ~' ~toHc S~=d D~; ~apo~s, M~l~d's ~t0Hc center. ~ly, there =e fisc~ ben'fi= to m~g ~ =e of =a~o~ urb~ centers, where ~e nation~ ~to~c resoumes =e ~n~n=ate~ ~d ~ sprawl. T~ayers ~=ot ~o~ to p~ c0n~u~y for.new ~, sewers, u~e=~ ~ter u ~I'he EcOnomic Bau~fits of' Pmserving.Communlty ChariSm. Pms~rvat. ion: A Case Study:. ..:' Fmdericksburg~ Virgizla. Gove, ram~at Fmazc~ Research Crater. 1.o91. (Availabl~ from ~h¢ ttat~onal Trust for Historic Pr~servatio= ia Washiagto=, D.C.) 'Historic Preservation and Tourism,' Prr. ser~atioa l~orum." Pall ~ducational Benefits. Historic sites giv~ me~,,~,,g to.and ~te.~the: lessons of history. Places like Martin Luther King's birthpla~, the ~Alamo .and .Ellis Island.help 'us to understand important events in our nation~ past. The preservation of Sa~ Francisco% cable cars, New YOrk's Brooklyn Bridge and the Midwest~s ~m, ois and Michigan Heritage Canal helps us to appreciate the engineering and technological advances we have made as a society, Architectural m~sterpieces lfl~ Frank Lloyd Wri~hfs. "Fallin~vater" in Pe-,~,ylvania, Hood and Howells' Tribune Tower in Chicago and Thomas 3'efferson's Monticello in Charlottesville, Va., provide inspirational modelsTof excellence for today's youth. Social andP~ chological Benefits. Social benefits of preservation stem.from the way many historic areas are laid out. Mixed land uses, narrow and pleasant streets, compact development and other characteristics typical of historic districts foster a pedestrian-friendly environment. This '~valkability," in turn, facilitates important social and business contacts and brings people together. This urban quality is important to everyone, but especially so for people who cannot drive, such as the elderly with poor eyesight, children and young teenagers. ~? Andr~s Duany, a l~ading 'nsotradltlonalist,' has pointed out that the U.S. Postal Servlm is going brol~ trying to deliver mall In the sprawling suburbs. "According to a Dece. mb:r 7, 1991 artlcl~ in th~ ~ "~ ]imlm l~'~w~ted (th: city of) B0uldm"s construction iadustry from owrh~tlng, a malady that ar~atetl tons of empty hom~ ami offlc~ in other cities.' Th~ Post obs~r,,~d that th~ P,.~olutlon Trust Corporation ~ow owns ~8,000 dswlopmsnts In Colorado Springs but.only 20 acres in Boulder. Colorado Sprk~ has six failed baul~ for which taxpayers haw paid $693 million for bailout.% while Boulder has only one. The Post notes: limitation laws may be aimed at saving th~ urban eavironment, but th~ S&L shak~out shows'they aho may hav~ sawd us som~ tax dollars.' A growing number of commualti~s ar~ catabllshlag 'urban gowth boundaries' for fiscal as ~ ~ ~nvlronmantal In a world of rapid and often troubl/ng change, the presence of familiar, beautiful landmarks gives people a kind of emotional anchor as well as a sense of orientation to what is around them. People spend billions'of dollars annually on home' improvements · . and landscaping became they intuitively understand the relationship, between pleasant surroundings aud their mental health. People fill their attics with 'old letters, fumlu~e and childhood toys became they value the memories these things evoke. Historic preservation recogn{~.es the importance of these t~,~$s and simply deals with physical surroundings and community memories that are in the publie realm. As Robert E. Stipe, thementor of a generation of historic preservation, advocates, has observed: ! have come to believe that the urge to preserve is less rooted in high-style cultural .soft than in a more fundamental, even biologieah need all of us have to try to reduce or moderate the pace and scale of change itself. What we are really trying to preserve, I thiak, is memory. It is 'an attempt .:to keep a mental grip on familiar and accustomed enviromnents that make' us feel eornfortable and secure 'whether or' not they are aesthefiealIy pleasing or historically credentialed. The real issue is not whether.we will have change, but how great it will be, how quickly it will happen, and how shattering its impact will be. O£ course we value our National Landmark buildings, but we ma), equally value a ain~le tree or even'an undistinguished building in a known, comfortable environment? ~lI!21~il!g_U~. In summary, local preservation ordinances undergird our collective efforts to enhance the environmental, economic, educat/onal and social.quality of community life. They give us a way of making sure that future generations will have a chance to understand how and why our society evolved as it did. The), safeguard irreplaceable architectural treasures that inspire,us and lift our spirits. And they lent beauty and a sense of civility to a world that badly needs both? a9 North Carolln~ Centra! Law 3our~m~ Vol. II, No. ~, ~80. ~0 The author gratefully acknowledges the assistance of Sulla Miller, Katherhie Ridley, Patti l~lmmadso~ Bridget Hartnia~ Pratt Casshy and Stephen Dennis in preparlng thls guide. POSTSCRIYI': UNDERSTANDING THE LiMiTS OF FEDERAL PRESERVATION LAWS r' conc ptiOns a out th 'a ilit Of'federal l ,,'s,to protect ;,toric widespread that a word on these laws is in order. The most widely misunderstood !aw is the National Historic Preservation Act of 1965, which authorizes the National Register of H. istorii Places and the so-called "Section 106 review" process. Mfm~ people think that if their property is Listed in the National Register, they may not demolish .or alter the property in any way. This is not the case. National Register listing imposes no r~strictions whatsoever on private properS, owners. They remain free to do whatever they please with their proper/y.- They can sell it. They can p~i=t it. They can alter it. And they can tear it down. On the other hand,' National. R¢~ister listing does provide access to federal rehabilitation tax credits, often a substantial benefit to property'0wners? Thc only restrictions that accompany National Re~ister listing fall on the federal t~overnrnent, not on property owners. Section 106 of the National Historic Preservation Act~ requires federal at~encies to consider the effect of'federally-assisted projects on properties listed in or eligible for the National Register. If a project threatens to harm such properties, the federal Advisory Council on Historic Preservation must be allowed to sutl~est ways of avoiding or minimizint such harm After aj/encics have gone throuj~h the '~review and .rnitigation" process invoked by Section 106, they may carr? out a project as they see fit - even. if their actions mean the destntction of hi~torlc sites. However, by preventing federal agencies from acting rashly, and.by requir/ng them to consider 'alternatives to the destruction of historic resources, Section 106 can ~buy time" and The conscclucnccs of Mstorlc dcs~snation by states vary. In man~ case~ mmh state desalt, atton trlitsers, reviews of stat~ a~cncy actiom, but it rarely limits thc actions o~ prhratc pro~r~ owners. = ~6 U.S.C. Sccfion 470f provide a forum in which preservation advocates can sometimes negotiate, compromises? " SectiOn 106 is rather like a stop sign. In effect, 'it .~ays: "Slow dow~ and .consider the' options before YOu. Once you've done 'that, proceed in any fli~'eetlon you wish. Just don't rc{n., the stop sign." Section 106 grew out of the 1960s, after thousands of private property owners had watched helplessly as their homes and neighborhoods were destroyed by Federal urban renewal. Another important federal preservation law is Section 4(f) of. The Department of Transportation Act?4 Section 4(0 is stronger than Section 106, but it only applies to transportation projects - highways, mass transit lines and the like. Under 'ecuon.4(f), federally-aided transportation projects that could damage historic' sites may not go forward unless there is no prudent or feasible, .alternative to using the land proposed for the project. If there is no such such alternative, all possible planning to minimize harm to the historic site must still be done. Unlike Section 106, Section 4(0 applies to local and state designated historic properties, not merely to National Register properties. Neither Section 106 nor Sect'ion 4(0 protects historic resources from purely pr/vate development, the type of development that most often threatens such resources. For that t~pe of protect/on, one must look to local ordinances? a If these compromises are formalized ia a 'Memorandum of A~r~meat' sitlned b~ ~ Advisory Council on Historic Preservation, the state preservation officer sad the federal ageaey im~lw, d, th~ may be legally e-,foreeablc. ~' Sechon 4(0:49 U.S.C. Section :50:~, See also~ U~.C. S~on ~ ~~); ~d ~ Some state ~h m~ent I~. offer ~te~ ~ to ~t o~ ~ S,~ 4(0 ~d ~ protection m~ a~ to pilate ~ ~ m state ~n~ a~. For a ~on see Preser~tlon Plannlne and G~h Ma~emenl.~ ~ow 8tate~, Nafion~ ~t for H~t~e A ~l~Ird federal law, the. Public Buildings Cooperative Use Act? requires federal agendes to consider.leasing space in historic properties when it is economically feasible to do so.. Although this statute does not actually protect historic buildings, it helps to for ff buildings are not used, they' may be lost. Little attention has'been pai'd by preservationists to this laws enforcement, however. Given the many historic landmarks lost through disuse, preservationists might take a new Ioo1: at the Cooperative Use Act? '~ 40 U.S.C. Sectiom 490, 60la, 606, 6~ and 612a. ~ Se,,~ral states, including Texas and Florida, ha~ laws that resemble the Public Buildings Cooperative Use Act, except that they apply to state rather thau federal a~enei~ BIBLIOGi~.PHY Beaumont, COnstance E, and A. Bruce Dotson. Preservation Plannin_tand Growth . Management in Four States. Washington, D.C.:.National Trust for Historic Preservation. Revised 1992. .,. -. Cassity, Pratt. Maintainlug Communitv'Charagter:~ H~ to Establish a Local Historic Diilli.Cl. An Information Sheet. Was},ir, gton, D. C.: National Trust for Historic Preservation. 1992. Collins, Richard C., Waters, Nlizabeth B., and Dotson, A. Bruce. America% Downtowns: Growth. Politics. and Preservation. Washi,~gton, D. C.: The Preservation Press. 1991. Duerksen, Christopher J. AeSflletics and Land lJs~ Controls: Beyond Ecology and ~ilOllP. IIg~. Chicago: American Plmg Association.. 1986. (Planning Advisory Service Report No. 399.) Duerksen, Christopher ii., et al. A Handbook on Historic Preservation Law. Washington, D.C.: The Conservation Foundation. 1983. (See especially Chapter 2, Part 2, "Drafting and Administering the OrdinanCe.") pr~.servation Law Reporter. a monthly publication covering Federal, state and local developments in preservation law. Washi,~gton, D. C.: National Trust for Historic Preservation. $90 for an annual subscription. ($50 for National Trust ~ members.) "Preservation Law Updates," twice-monthly newslett=rs on matters of preservation law. Washington, D. C.: National Center for Preservation Law. Ridley, Katherine Raub. 'The Secretary's Standards Can Be Harmful To Your Historic District." ]preservation Forum. Spring 1990. National Trust for Historic Preservation. Roddewig, Richard J. Preparing A Historic Preservation Ordinance. Chicago: American Planning Association, 1983. (Pl~g Advisory Service Report. No. 374) R0ddewig, Richard :I., and Duerksen, Christopher $. RespOnding to the Takings ~. Chicago: American Pl~,~g Association. 1989. (Pl~,~i~g Advisory Service Report No. 416. See especially Chapter Four.) Stipe, Robert E., and L~e, Antoinette ii. The American Mosaic: Preservln_~ A Nation's ttrailt~. Washington, D.C.:US/ICOMOS. 1987. Historic Preservation in'Florida Benefits of C.erfif ed Government Prog-ram Local Bureau of Historic Preservation R. A. Gray Building 500 ~outh Bronough Street Talla3nassee, Florida 32399.-0250 (850) asT-233s -8oo-847-7278 (PAST) FAX (850) 922-04:96, htt-p://www, dos.state.iCl.u.s/d_hr/bhp A6ross Florida, communities are taking action to preserve their unique historic character. The Florida Certified Local Go~emment (CLG) Program, a local, 'state and federal · partnership, cch be a source of support and guidance in your historic preservation efforts. Since its inception in 1986, Florida's CLG Program has assisted in the survey, designation and preservati on of th ous ands of historic and archaeological resources. Awareness of the importance of historic'preservation has also been enhanced statewide through the program. The Florida CLG program recognizes the greatest legal power to preserve lies With local government. An effective local historic preservation program begins with the eaactment of an historic preservation ordinance and the creation of a'qualified, historic preservation board. Here, the Florida CLG program.can help ensure, that your.preservation program will be the strongest possible preservation .tool for your community. Designation as a Certified Local Govemmey~t brings a number of benefits. In addition to. affirming your community's commitment to historic preservation, CLGs may: · Receive technical assistance and training, both on-site and at ~'egional meetly, ga, for staff and the members of their historic preseryation boards. · Have a formal comment role in the National Register nomination pro?ess for .properties within their jurisdiction. .. · Compete for special historic preservation maiching grant funds set aside'only for Certified Local Governments. Funding is available for projects such as surveys to · identify and evaluate significant historic properties, preparation for National Register nominations and development'ofpreservation education materials such as booklets and brochures. · Conduct project reviews for Florida's local option property tax exemption progrkrn (project reviews in communities that are not CLGs must be conducted by the'Division of Historical Resources ). The exemption is available for qualified improvements to. historic properties listed in the National Register and/or designated by. a CLG. Florida DePartment of State Historic Preservation in Florida Certified Local Government Requirements Bureau of Historic Preservation R.'A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399.0250 1-800-847-7278 FAX (850) 922-0496 www.flheritage.eom Provide the State Historic Preservation Officer with thirty days prior notice of all meetings. Submit minutes of each meeting tothe State Historic Preservation Officer within thixty days. Submit records of attendance of the Review Commission to the State Historic Preservation officer within thirty days after each meeting. Submit public attendance figures for 'each meeting to the State Historic Preservation Officer within thirty days of action. Notify the State Historic Preservation OffiCer immediately of all new historic designations or alterations to existing designations. Notify the State Historic Preservation Officer of changes in Review CommisSion membership within thirty days. Submit amendments to local ordinance to the State Historic Preservation Officer review and comment at least thirty days prior to adoption. Submit an annual report by November I covering previous October 1 through September 30. Information to be included in the annual report (at a minimum): (1) Any changes to Rules of Procedttre. (2) Number of proposals reviewed. (3) New designations Clisiings). (4) Changes to Review Commissicrru (5) Revised resumes of Commission members as appropriate. (6) Changes to local historic preservation ordinance. (7) Review of survey and inventory a. ctivities with a description of the system used. (8) Program report on each grant-assisted activity. Florida Department of State I-Iis oric Preservation in Florida Certified Local Governments and Reg st. er, No n nati0n ' '"" National Buieau of Historic Preservation . R. A. Gray Building 500 South Bronough Street Tallahassee, l~lorida 32399-0250 1-800-8~7-7278 I~AX (850) 922-0496 httlv.~/www, dos.state.fI.ns/~r~/bhp As part of the partnership between state and local governments, federal regulations require that nomination proposals be reviewed by Certified Local Government (CLG) historic preservation boards before they can be presented to the Florida National - Register Review Board. In order to facilitate the review, of nominations for properties that lie within the jurisdiction of a CLG, and to conform.with federal regulations co. nceming the required notifications and review,.the following procedures will be followed: The Bureau of Historic Preservation will advise the CLG when someone.inquires about proposing the nomination of a property which lles within:the CLG's jurisdiction. When a nomination proposal is not irdtially submitted by the CLG, the Bureau will send a copy of the proposal to the CLG for its review. The GLG's historic preservation board and the chief local official will have 60 days to coznment. If both the CLG board and chief local official do not consider the' property to be eligible for listing in the National Register, the proposal will not be submitted to the Florida National Register Review Board. If only one, either the preservation board Or the local official, does not consider the property to be eligible, the proposal may be submitted to the Florida National Register Review Board. If comments are not received b~ the end of the 60 day review period, the Bureau may schedule the proposal for review by the Review Board. Florida Department of 'State Re.search Legis!ation ~,~. Pot~c\, Your Commumt¥ Publicatior~ Legislation & Policy / Policy Guide Knowledge E×change Con.sulI:ant Services APA Store. Member Services F1smber Logm Ratified by the Board or Dire~ors, September 19, 1987 Revised and updated, San D~ego, California, April ~0, 1997 Ratified by the Board of Dire~ors, April 10, 1997 ~NDXN~S Over' the past decade the scope o~ historic presets[ion practice has broadened to prote~ a greater a~ay of cultu~l re~urces Including hi,oMc di~ri~s~ buildings, s~ru~ures, sites, public wo~s, ~ranspo~atton comdo~, archseological sites, heMtage areas and corridom, cul~u~l landscapes, obje~s an~ related built forms. Planners condu~ ~hese a~lvitles as par of a comprehensive planning ~amework ~hat combines the benefits of prese~ation wl~h o~her communiW planning obJe~ives, Planning and prese~ation work hand in hand co e~ure the consolation of housing ~ock in residential neighbo~oods, economic development and revitalization (including the prese~atlon and revitalization of down~owns), proration of his~oMc landscapes, and prese~a~ton and gro~h management of ~ral villages, and conservation of fa~land. ~n an e~ of profound change, the th~a~ to ~heSe non*~n~able.hts~odc ~sou~es is accelerating, requidng innovative planning solutions. These ~hreets include: · Diminished funding for preservation at the federal and state levels. · The impact of transportation proJe~s on cultural resources. · Legislative enactments designed to preempt state and local preservation laws. · The private property rights movement and I~s a~ack on preservation programs at the local level. · Development resulting in either demolition or retention only of building facades. · Ignorance of archaeological resources. · Subordination of historic preservation to other design concerns. Repeated cutbacks in Federal funding and reduced ta)~ incentives--combined with a lack of undersb3nding concerning the economic benefl~ of preservation- -have sapped Valuable energy from AmeMca's preservation movement. At the same time, planners nave a tremendous opportunity to capitalize on positive developments that are building the constituency for preservation, including: · A greater role for preservation in rural revitalization, economic developmenL and finance initiatives driven by the private se~or. · An increased commitment to the principle of adaptive reuse, ensuring that architectural and historic resources are economically viable contributors to their communities. · Growing cooperation between professional disciplines, lay groups, and their organizations to promote effective preservation ~rategtes at the nat, ional, state, and local level~. · Increased availability of environmental laws and programs as a A biweekly newslaLC~er on federal legislative and public poli~ Issues of Interest co planners and communities. View cu~ent issue Washington vi~ e-meif Tr~k iegisletion~ raad alerts, e-mall Congress, find local media, And, much morel Visit AP.&'s Updated Action Canter goin APA's edvoc~cy network and receive aC~:lOrl aleI'ts. Coalitioa~ APA works with other organizations on planning tssuss ranging from sprawl to transportation, partners, and visit Ii, eh' website~. ii Join APA APA I~ an outspoken advocate for planners and planning, Oecom~ a memoer and 3oln thousands of 13Copts who share your dedication to building strong,, vibrant communities. http://www, pl arming, org,/poli ey gui de s/hi stori c. btm 7/7/02 resource, · Emerging preservation strategies that address and Interpret the histories and cultural legacy of alt segments in society without regard to ethnicity, religion, or social strata. · Growing use of preservation tools as a means to accomplish other desirable objectives: more compact communities, neighborhood conservation and cohesion, economic development and tourism. · Greater programming of ]ntermodal Surface Transportation Act (TSTEA) funds for enhancements that build on the foundations of neighborhood conservation and preservation planning. e Greater use of tax benefits to promote preservation of communities. PO~CY GUIDE PRINCIPLES 1. To achieve the full Integration of preservation and planning PraCtice, the American Planning Association and Its chapters believe planners must assume greater responsibility to use the range of preservation techniques and options, This means: a. At.alt levels of government, planners need to worl< with the private sector, independent organizations ana citizens to Increase awareness of, and to protect and enhance the nation's historic resources. Zdeally, this should occur at the earliest possible stage of a comprehensive planning process, before deterioration creates an insurmountable burden I'or the comrnunlty and property owners, b. Planners need to encourage communities to recognize the value of historic resources as major contributions to the quality o1' life and to cultural vitality, and as resources that both remind us about our past and provide a stimulus to economic vitality and the potential for tourism. 2. APA National and chapter support funding of programs for the preservation of the nation's historic resources at all levels of government. The components of the programs should include: a. an ongoing survey and evaluation process; b. protective legislation, expressed in clear and reasonable standards and based on qualified expert opinion or acknowledged resource~ in tlie field; c. financial incentives to encourage rehabilitation and restoration'; d. historic preservation plan development; e. adequate budget allocations for qualified staff In public agencies; f. cooperative educational efforts with the private sector and citizen groups; and g. interdisciplinary participation and alliances of planners with other professionals in fields related to historic preservation, h, Coordination of preservation initiatives with education, citizen participation, hls[ory, public art, and other programs such as ISTEA i. Implementation strategies capable of protecting, enhancing, and extendi,ng the benefit of cultural resources for future generations. j. Provisions (in the form of ordinance or policy) to secure temporary delays to the alteration' or demolition of designated cultural resources until their preservation or protection may be fully explored. k. Adaptive reuse policies supported by tax or other http://www.planning.org/policyguides/historic.hlm 7/7/02 incentives, 3. APA National and Chapters support budget allocations that will insure that ~he federal government will facilitate preservation efforts by providing adequate appropriations to Implement feclerally-mandated processes, to support state historic preservation offices, and to encourage preservation activities at all governmental levels. 4. APA National and Chapters support efforts by local governments to integrate preservation into the land planning process, Including incorporating preservation goals into the community master plan and reconciling and coordinating preservation policies with local ctevelopment policies. The reasons for this support are that a sound preservation program must be based on a survey, an historic preservation ordinance and plan, and economic and technlca assistance In cOordination with omer comrnunlty policies and or~llnances. Local governments should work wJtll citizens and local Interest groups to make preservation part of the overall effort to foster and promote the general welfare of the community. 5. APA Ci3apters support,local government budget allocations for q uallfiecl staff for historic preservation commissions and to provide funding for the certified local government program. (5. APA and its Chapters support the equal application of preservation laws cultural and historic resources without regard to form or nature of ownership, religious or cultural affiliation. 7. APA Chapters support state enabling legislation to provide tax Incentives to encourage tine rehabilitation of historic resources, including tax credits and tax abatements. 8. APA Chapters support bu0get allocations that will insure state involvement in integrating tourism considerations as appropriate with historic preservation efforts, particularly In the assessment and sensitive adaptation of viable resources. 9. APA and its Chapters support historic preservation programs tl3at are hollstlc in scope, meaning that they; a. Seek to involve all elements ol= the com~nunity in planning, development, implementation, and feedback. b. Strive to interpret history and cultural heritage in [he most inclusive sense possible, reaching across barriers of race, ethnicity, religion, class, or income. c. Seek to protect not only the resources itself, but its context In the larger community by ensuring that preservation of significant structures IS not limited to preservation of a building's "skin*' without aOeq ua~e consideration of its other component parts and history. 10. APA and its Chapters believe that an understanding of cultural resource ISsues is integral to the practice of planntr~g, and therefore support the nclusion of preservation and cultural resources as a.'core component of urban and regional planning curricula. 1:[. APA and Its chapters recognize that neighbori3oods are dynamic objects that evolve rather than remain fixed In tlme~ therefore, they support preservation strategies that respect the heritage, cdntex% clesig~ and scale of older neighborhoods while recognizing the evolution of those nelghbort3oods' http://www.plannin~.ors/policy~ides/histotic.htm 7/7/02 built form. 12. APA and its chapters believe that the goals of affordable housing and good preservation practice are mutually inclusive. APA supports gentrification provided that the tools of preservation are used as methods for Inclusion, not exclusion; protection, not displacement; and encouragement of affordable housing and inflll projects, not their prohibition. 13. APA and its chapters support the coordination of comprehensive planning programs and implementation tools (zoning, subdivisionr and land development) with state preservation legislation (facade controls tax incentives, and other tools). Beyond the mimmum stand-~rds expressed in paragraph 2 above, these programs should utilize a variety of tools which may include (but are not limited to): a. Transfer of development righ'ts; b. Expansion of clustering and planned unit development to increase opportunities for landmarking, village preservation, and historic districts; c. 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Land-use plans, zoning ordinances, capital-improvement programs and other meChanisms for attracting or controlling new growth and development affect Main Streets in powerful ways. They can set the stage for the hollowing out of the downtown. They can create incentives for property owners to close downtown stores and move to outlying commercial strips. They can unleash private investment decisions, economic pressures, tax policies, political positions, and even property owners' dreams ofget~g rich. These forces, in turn, can make it prohibitively expensive and politically difficult to protect a Main Street from such ills as: overbuilding of retail space on prime farmland in outlying areas; displacement of locally owned small businesses; · traffic patterns that destroy a Main Street, s pedestrian friendliness; and · highway bypasses that lure economic activity away from the downtown, leaving its merchants with fewer customers. At the same time, local plans and zoning laws: can exert positive forces. They can create incentives for existing businesses to remain downtown- and for new businesses to locate · there. They can help to protect a. downtown merchant's investments instead of undermining them. They can help to inOculate the local government against future lawsuits that could weaken downtown improvement efforts. Finally, these laws can provide certainty for potential investors in the downtown. For these and other reasons, it behooves Main Street organizations to pay close attention to the policies in their community's local comprehensive land-use pi'an and zoning ordinance. · Comprehensive Plans and Zoning Ordinances: What Are They?. A local comprehensive land-use plan is a madmap for a community's future growth, development and, ideally, its preservation. The plan explains the community's overall policies and sets forth a positive vision for how the community should grow. It explains where new homes, businesses, roads, and other community elements should go - and equally important- not go. It identifies the kinds of community assets - downtowns and Main Streets, for example - that should be preserved. Nmi.real Trt~ ~or Ri~ic Pte~tvation Comprehensive plans are written in narrative form and often illustrated with pictures and charts. They often include specific sections for. discrete topics - e.g. - land-use, economic development, transportation, housing, historic preservation, the environment, community facilities, and so on. It's a mistake to assume that only the economic development (or downtown) section of the plan affects Main Street. Other plan elements, especially the transportation element, often affect Main Su'eet in important ways. Zoning codes establish the roles that (ideally) advance and implement the policies set forth in the comprehensive plan. They are more technical than plans and deal with such matters as allowable building heights, locations, building setbacks, and land uses. Zoning has existed in the U.S. since 1916, when New York City adopted the country's frrst zoning ordinance to protect the health, safety, and welfare of residents. Zoning was explicitly sanctioned by the U.S. Supreme Court in 1926. It is as important for a Main Street organization to know the local zoning rules as to understand policies in the town's general plan. Main Street leaders should consider such questions as these: Does the zoning allow for mixed land uses? For example, can housing units exist atop street-level shops? Or does the zoning rigidly separate housing retail, office, and other land uses? · Does the zoning allow creative solutions to parking challenges? Or does it require excessive amounts of parking thus pressuring property owners to demolish impo ~rmnt Main Street buildings to meet parking standards? · Does the zoning allow new buildings to be built in a way that's compatible with older buildings in the area? Or does it require building setbacks more appropriate for auto- oriented suburbs than pedestrian-oriented downtowns? · Does the zoning permit out-of-scale, poorly designed development? Development in the wrong places? Too much development - i.e., more commercial or retail space than the local economy can absorb without inordinate displacement of existing businesses? · Is new construction required to fit in harmoniously with what's around it? Or can anything no matter how jarring and incompatible, be built? · Does the zoning permit drive-through fast-food outlets? Stores surrounded on all sides by asphalt for parking? Or does the zoning require landscaping, with trees and bushes, to soften the harsh effects of parking lots? These are just a few of the questions a Main Street organization should consider. Planning, Zoning,, tmd Main Street Interests A local Main Street program should assign someone- either a paid staff member or a volunteer- to familiarize himself with the town's planning and zoning laws and to monitor changes to them. If the town has no such laws, the Main Street program may co~©2oo2 '2 Natimal Trust for Histo~io Pr~an, ati~ want to advocate their adoption, for the absence of'good planning policies may well put the town at the mercy of outside forces. One often hears people boast of having no zoning laws, no regulations, no building design guidelines, no interference by government with local freedoms. This attitude is a bit na/ve, for as often as not, a town's failure to enact strong growth management laws simply creates a void filled by outside (and not always friendly) forces. Instead of getting rules written by people who live in the town and who have a stake in its long-term future, the community is shaped by outsiders with little, if any, interest in the town's long-term health. Communities whose laws are silent on such important matters as' the location and size of retail stores, the design of new construction, the preservation of landmarks, the retention of street trees, etc., may simply be designed by out-of-town traffic engineers, out-of-state corporations, national franchises or other entities. Communities that boast of maximizing their "freedom" by not enacting good growth management laws often have little, if any, bargaining power over outside forces. They are typically powerless to withhold approval of harmful developments that could literally destroy a downtown's most important physical and economic assets. Zoning laws, design standards, and other growth management tools give citizens (and property owners) some recourse when irrespOnsible landowners mn roughshod over community values and assets, In a nutshell, plannin~ zoning and other growth management laws are important to Main Street. They can either undermine of support the downtown revitalization goals of a local Main Street organization. Main 'Street advocates ignore these laws at their peril. ~$ources Save OutLand, Save Our Towns, by Thomas Hylton. (1LB Books, 1995). Goto www..celebr.atepa.com. For a video'ofthe same name based on this book, go to www bull..._. _..._fro_~lms. c~o_~m Preparing a Historic Preservation Plan, by Bradford J. White and Richard Koddewig. National Trust for Historic Preservation/American Planning Association. Planning Advisory Serfice Report No. 450. 1994. Planning Commissioners Journal, published by Champlain Planning Press, Inc, and edited by Wayne M. Senville. Tel: 802/864-9083; e-mail: Cei~together.ne~ or go to www.p.!ann,ersweb.com Better Models for Development in Virginia, by Edward T. McMahon with Sara Hollberg and Shelley Mastran. Go to www.conservationfund.org or call 703/525- 6300. for Hig~c Understanding Property Rights Smart Growth Tools. for Main Street Private property fights are among the most important rights enjoyed by Americans. They enhance our freedom. They give us financial security. They help to protect our personal investments. Without property rights, we would have little incentive to invest time, money, and labor in the improvement of Main Street buildings and businesses. Our property rights come from the Fifth Amendment to the U.S. Constitution, which states in part: "...nor shall private property be taken for public use, without just compensation." This language is generally called the Takings ClaUse because itis intended to prevent the government from "taking" - or seizing - a property owner's land without paying a fair price for it. Too often, property rights are misunderstood. Some people erroneously believe that property rights are absolute. They think that they can do literally anything with their property, even if their actions harm the property rights of their neighbors or the public welfare. Extensive and precious as they are, our property rights have never been - and are not now - absolute. Like most other rights, property rights are tempered by responsibilities. Th~ U.S. Constitution does not give property owners the right to abuse the land or to use their property in a way that hurts others. Indeed, zoning-based restrictions on land Use were first created toprotect the property rights and values of property owners against the potentially harmful actions of other property owners. It's important to remember that the value ora parcel of land stems as much from nearby public improvements paid for by the community as a whole - and from the lab°r and ' investments of neighboring property owners - as from the activities and investments of the landowner. Private property values are typically enhanced by such taxpayer-funded projects as roads, water and sewer lines, libraries and schools. Property Rights aad Main Street Goals It is not uncommon for Main Street revitalization advocateS to propose such measures as design standards, curbs on sprawl, zoning restrictions and other policies intended to protect a downtown's appearance and economic vitality. But in doing so, they a~e often told that these measures violate private property rights and are therefore illegal and unconstitutional. Main Street leaders should know that these measures are, in fact, constitutional. Literally thousands of American cities and towns have enacted historic preservation ordinances, design standards, and laud-use laws that limit what property owners may do with their co~i~t © 2005 National Traat for F/iatoric Pmaervatio~a land. American courts, including the U.S. Supreme Court, have repeatedly upheld these laws when properly enacted and enforced. To be sure, land-use restrictions must advance a public purpose, be fairly and reasonably applied, and leave property owners with an economically viable use of their land. When these standards are met, however, land use regulations will pass legal muster. Sensible land-use laws almost always enhance, rather than depress, property values. One only needs to look at such vibrant Main Streets as those in Santa Barbara, Calif.; Hudson, Ohio; and Nantucket, Mass.; to see the positive impact of strong land-use and design standards on property values. The popularity Of such places reflects two realities: People flock to places that enforce good design standards and sensible growth management poliCies; and The scarcity and popularity of well-designed, sensibly controlled commercial districts have increased their value. We need more of these places so that they will not just be enclaves of the wealth and privileged. Everyone should be able to enjoy life in an attractive, livable community. The more we can do to create well-designed, livable communities, the more available and accessible they will be to everyone. The owners and developers of regional shopping malls understand how design and other roles can enhance property values. That's why they routinely impose strict controls on the design, upkeep, and operation of mall businesses. Resources "Focus on Property PAghts," a special issue of Historic Preservation Forum, the journal of the National Trust for Historic Preservation. July/August 1993/Volume 7/Number 4. Call 202/588-6296 or go to www.r>reservafionbooks.om TaMngs Law in Plan English, an overview of"takings" law with suggesti:ons for responding to the takings challenge. To order, go to w~v.~reservationbo~>ks, org and click on "Communities and Sprawl." Zoning and the American Dream: Promises Still to Keep, edited by Charles M. Haar and Jerold S: Kayden. APA Planners Press (Chicago: 1989). Aesthetics and Land-Use Controls: Beyond Ecology and EcOnomics, by Christopher J. Duersken. American Planning Association PAS Report No. 399 (1986) Georgetown Environmental Law & Policy Institute web site, go to wwW.law.geo.r,~etown.edu/gelpi/ cop~ql~t © 2002 N~ticG~l Trak for Flistozic~ lh~iort 2 GLOSSARY OF TERMS Certified Local Government (C£~. The CLG program is a partnership between the state histodc preservation office and local jurisdictions which meet national and state requirements for certification. :It is part of the nationwide program established by the National Historic Preservation Act of 1966 to preserve histodc properties induding buildings, structures, sites, neighborhoods, and other places of importance in the historical and cultural life of the nation. Cultura/ and /or l-li~toric Resource. Buildings, structures, sites, objects, landscapes which provide evidence of the pm-history and history of' the community. tti.¢toric Context (as defined for eligibility for listing on the National Register of Historic Places): Information about histodc trends and properties grouped by an important theme in the prehistory or history 'of a community, state, or the nation during a particular pedod of time. Histodc contexts are organized by theme, place, and time, and link properties to important historic trendS. H/mr/c J'#tegr/~y (per National P, egister criteria): The authenticity of a property's historic idenUty, evidenced by the survival of physical characteristics that existed during the property's period of significance. These characteristics include integrity of location, design, setting, materials, workmanship, feeling, and association. Hi~ori¢ Pre~ervab'o~. The protection of a property or site to save its histodc character. Historic ProperS. Building, site, district, object, or structure evaluated as historically significant. Historic Significance (per National Register criteria): The importance of a property to the history, architecture, archaeology, · engineering, or culture of a community, state, or nation. Historic significance is achieved in meeting one or more of the following criteria: A. Association with events that have made a significant contribution to the broad patterns of our history; B. Association with the lives of persons significant in our past; C. Embodiment of the distinctive characteristics of a type, period, or method of construction or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or D. Yielded, or potential to yield, information important in prehistory or history. Memorandum of Understanding'.(~fOg): A document which when signed by cooperating parties will set the stage for project review early in the planning stages to assure the least impacts to historic and cultural resources. National Rejli~fer of Hi~oric Plata,. The National Register is the official Federal list of districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, engineering, and culture. These contribute to an understanding of the historical and cultural foundations of the Nation. Rehabilitetiom Adapting an historic property for contemporary use while preserving the features significant to its historic, architectural, and cultural values. Section lO~. Under the National Historic Preservation Act, Section 106 provides that any federal agency having direct or indirect jurisdiction over a proposed federal or federally assisted or federally permitted undertaking must take into account the effect of the undertaking on any district, site, building, structure, or object that is included in or eligible for inclusion in the National Register of Histodc Places. The AdVisory Council on Historic Preservation, an independent federal agency, must be given the opportunity to comment with regard to such undertaking. Stabilizatiom. The process of making an historic property that is unsafe and deteriorated, stable and weather resistant. b'Ta~ ~/i~-h~r/c Preservab~on Of/fc~r ('$/fPO~. Established by the National Hi~ofic Prese~aflon A~, ~e SHPO is appointed by the Governor to ~r~ out ~e h~ric pr~flon program including recommending pmpe~ies for-nomin~on to the National R~i~er ~ Hi~odc Place. ~ ~ ~ut~ ~ ~on of.~ C~ ofJ~ea~ ~ ) h~://~,i~u.h~.~.~o~