Profile of
Historic District Commission
Scope of Powers of a Historic District Commission
A local historic district commission can be involved in many activities relating to local history and preservation. The powers given to commissions are powers granted by local government and state law, although commissions often become involved in activities other than those specifically given through ordinance. The fol lowing list, taken from A Handbook on Historic Preservation Law1 describes the powers that may be granted:- to survey and identify historically and architecturally significant structures and areas;
- to designate and protect landmarks and their surroundings and landmark districts;
- to review applications for alteration, construction, or demolition of landmark buildings and all structures within a historic district;
- to require affirmative maintenance of historic structures;
- to make recommendations regarding zoning amendments and comments on the local comprehensive plan;
- to undertake educational programs and activities;
- to establish standards and procedures for designation and development review;
- to accept funds from federal, state, and private sources;
- to buy, sell, or accept donations of property;
- to exercise the power of eminent domain;
- to accept easements and other less-than-fee interests in property.
To be effective when reviewing proposals for additions or alterations to designated buildings, a commission must have the authority to deny--that is, to say "no." If it can only advise and make recommendation, then its powers and ability to protect are severely limited, and depend more on the personal and moral suasion of its members than on sound review criteria. Chicago's commission is an example of one that has relied on advisory power; as a result the city has lost many important landmarks and its preservation program has often been in disarray. Washington, D.C. and New Orleans, Louisiana have stronger ordinances giving commissions the right to deny, but with an appeal procedure to the local elected council. New York City has some of the strongest ordi nance provisions, and gives their commission the final right of denial with no appeal except, of course, court appeal. This is preferable in the respect that it removes the review procedure from political considerations as much as possible.In some cases, the courts have invalidated designations because the criteria used were either too vague or absent entirely.2 To determine whether designation is legally defensible, the following questions should be asked:
- Did the review body follow designation procedures as set forth by state and local laws?
- Did owners receive legal notice of the proposed designation?
- Were owners given an opportunity to challenge designation?
- Did the local review body base its decision on the evidence before it?3
1 Christopher Duerksen. A Handbook of Historic Preservation Law. p. 70.
2 Texas Antiquities Commission v. Dallas County Community College District, 554 S.W. 2d 924 (Texas 1977) and Historic Green Springs, Inc. v. Bergland, 497 F. Supp. 839 (E.D. Va. 1980).
3 Reusing Old Buildings - Preservation Law and the Development Process, Conference Proceedings of The Conservation Foundation, the National Trust for Historic Preservation, and the American Bar Association - Section of Urban, State and Local Government Law (Fort Worth, Texas, November 28-30, 1984).
