Design review for designated properties, and the incentives that accompany it.
Esshaki Legal Media TeamCurrent as of April 2024
Local historic districts subject exterior changes to review by a commission,
under standards adopted by ordinance.
Designation. By study committee report, public hearing and ordinance, with
criteria and boundaries. Designation restricts the property and is frequently
contested by owners.
Certificate of appropriateness required before exterior alteration,
demolition or new construction within the district. Interior work is generally
outside the scope.
Standards. Most ordinances adopt the federal rehabilitation standards, which
address retaining historic character, repairing rather than replacing, and
distinguishing new work from old.
Denials and hardship. Ordinances typically provide a hardship route where
the standards would prevent all reasonable use, and constitutional takings
claims follow denials that leave a property unusable.
Demolition. Delayed rather than prohibited in many ordinances, with a stay
period during which alternatives are explored.
Incentives. Federal and state rehabilitation tax credits for
income-producing certified historic structures, requiring a multi-part
certification process and compliance with the standards — which means the
approval sequence must be followed before work begins.
Practical guidance. Engage the commission early with a concept, since
approvals turn on materials and details that are cheaper to change on paper.