A local historic preservation ordinance allows a community to locally designate and protect historic resources such as historic districts, buildings, sites, monuments and archaeological sites from demolition, destruction, incompatible new construction or insensitive rehabilitation.
There are many benefits to establishing a local historic preservation ordinance including helping maintain a sense of community pride in its heritage and history, protecting investments of owners and residents of historic properties, positively impacting the local economy through tourism and enhancing business recruitment potential.
A local historic preservation ordinance can either be a stand-alone document or incorporated into a municipality’s planning ordinance.
Once a municipality establishes a local preservation ordinance, a property owner requesting to make changes – usually exterior - to their locally designated historic home, would have to request approval of the action from a local board, committee, or commission, prior to starting the project. If it is determined that the proposed action is not compatible with the historic structure, a board, committee or commission will often work with the property owner to find a solution that complies with the preservation ordinance and the property owner can then move forward with their project. A local historic preservation ordinance is not intended to prevent changes to a historic property from occurring; it should be used as a tool to help guide changes to a historic property in a way that is sensitive to the history and historic fabric of the building and the community.
Demolition Delay Ordinances
Demolition delay regulations can be implemented as a stand-alone ordinance or as a bylaw in an existing historic preservation or zoning ordinance. Such legislation can be a very effective tool in helping to protect historically significant resources in the community. While a demolition delay ordinance or bylaw cannot prevent demolitions indefinitely, delaying the demolition of a significant resource can often have a positive outcome.
Generally, in a town with demolition delay provisions, a property owner requesting a demolition permit from the planning board, city council, or code enforcement officer must receive approval from the town’s historical review committee or commission, or other permitting body prior to undertaking the demolition of structures that are designated as historically significant. If it is determined that there should be an effort to preserve the structure, a delay period is imposed to consider and find alternatives to demolition. If no alternatives are found prior to the expiration of the delay period, a demolition permit is issued and demolition can proceed. A demolition delay ordinance or bylaw is not generally intended to prevent a demolition from occurring indefinitely.
The links below provide sample language for demolition delay ordinances/by-laws.
City of Lewiston (Appendix A, Article XV, Section 5[f][4-9])
City of Augusta (Chapter 134 Section 5)