Many communities around the country have property historical preservation regulations in place to protect older homes and buildings from a variety of undesirable fates, including demolition for surface parking lots or deterioration through neglect. Unfortunately, preservation laws can sometimes impose excessive costs and delays, and may even deter some people from purchasing historic properties altogether, or force owners to tear down their structures before they become too deteriorated to be economically feasible to fix.

Property preservation laws, also called historic preservation ordinances, vary by state and locality, with some providing far greater protections to property owners than others. These ordinances typically require building or construction work to be reviewed and approved by a special historic preservation commission. The criteria for determining whether a structure is historically significant varies, too. Some ordinances simply use a national register of historic places designation as a benchmark, while others take a more subjective approach, focusing on particular architectural features or events that are deemed important to the community’s history. See more https://www.4brothersbuyhouses.com/we-buy-houses-in-arlington-va/

Generally, any work that alters the exterior of a landmarked structure is subject to review, as are some interior changes. A review process usually includes a public hearing and a review of a project by a preservation expert. A certificate of appropriateness must be obtained prior to undertaking any work, and the cost of the review can significantly add to a project’s total budget. Some ordinances allow for the waiver of review requirements if a property owner can prove that a proposed change would not harm a historic resource.

Historic districts and landmarks are generally more protected than individual properties, although even these areas can still require additional levels of oversight. Some districts require field experts to examine buildings for architectural compatibility in tourist-heavy areas. In these cases, the heightened scrutiny can add months and sometimes years to any home improvement project.

It’s not uncommon for neighbors to misuse historic designations as a NIMBY tool, as was the case in 2007, when officials blocked a new development in Seattle on the basis of its proximity to a historic district. A more logical alternative is to provide incentives for preservation, rather than imposing burdensome rules that increase the cost of owning and maintaining historic homes and businesses.

A good starting point for any historic preservation ordinance should be the federal National Historic Preservation Act of 1966, and its accompanying regulations, known as Section 106 (54 USC 306108) or 36 CFR 800). This law requires any federal agency, or tribal, state or local government that assumes a federal responsibility, to take into account the effects of its actions on historic resources when making decisions. The act also mandates that federal agencies consult with local preservation groups before taking any action on historic properties.

Most states and many cities have their own historic preservation ordinances that establish the need to obtain a certificate of appropriateness prior to making changes to a historic property. These laws should set out who can nominate a property for historic status, how and when affected owners will be notified of the nomination, the timetable for hearings and the process for approving designations. They should also comply with basic due process requirements, ensuring that property rights are not curtailed without clear and sufficient reason.