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"The primary strength of a local designation is that
it can be tailored to specific community needs and provides greater protection
for local resources."
City of Prescott, Arizona, Master Plan, 1997
Does listing in the National Register mean that your house and neighborhood
or city's main street will be protected from time and change—forever
preserved? Many people think so, and this is a common misunderstanding.
While National Register listing is a tremendous honor and carries some
financial opportunities as well, "Under federal law, owners of private
property listed in the National Register are free to maintain, manage,
or dispose of their property as they choose, provided that there is no
Federal involvement."
Quote from the National Register of Historic Places.
As opposed to the more honorary National Register listing and federal or state law, local designation can be a first step toward legally preserving historic landmarks, neighborhoods and downtown areas in your community.
So,
although private property owners do have rights under any type of listing
or designation, it's important to be aware of what those rights really
are—and how effectively administered local laws, in particular,
may work to protect the character of your neighborhood.
Note the basic differences in protection and requirements between local designation and National Register listing:
Local Designation
(as part of a historic preservation ordinance)
Designates
historic properties on the basis of local criteria and local procedures.
Sets boundaries based on the distribution pattern of historic properties,
and other community considerations.
Provides recognition of a community's significant properties.
Coupled
with a design review process, such as a historic preservation commission
or architectural review board, provides protection of character-defining
exterior features of a property, but, in many cases, not historic interiors
or archaeological sites.
May
qualify a property for a form of financial assistance, such as a local
tax incentive for historic preservation, if the local government has passed
a tax incentives ordinance.
Can
provide for review of proposed demolitions within the district, and provide
delays to allow for preservation alternatives to be considered.
Can
require local commission review and approval for all changes to the exterior
appearance of historic properties, and review approval for all new construction,
such as infill, e.g., adjacent new buildings on a site or on vacant parcels.
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National Register Listing
(as an honorary status with some federal financial
incentives)
Designates
historic properties based on uniform national criteria and procedures.
Sets
boundaries for historic districts based on the actual distribution pattern
of intact historic properties in the area.
Provides
recognition by the federal government that an area has historical or archeological
significance.
Requires
the effects of federally assisted work projects (actions) on historic
properties be considered prior to the commencement of work. Makes available
federal tax incentives for qualified rehabilitation projects. Requires
conformance to the Secretary of the Interior's Standards for Rehabilitation
(36 CFR 67).
Makes
a property eligible for HPF pre-development planning grants (such as plans
and specs) and also "bricks and mortar" repair grants, if selected
by the SHPO for grant assistance. Work projects require conformance to
the Secretary of the Interior's Standards for the Treatment of Historic Properties (36 CFR 68).
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