"Your Home on the National Register of Historic Places: Myths and Facts": a Commentary on the Forbes Article
It's great to see discussions about historic preservation in publications like Forbes - a means of educating the general public about preservation and their property. However, the article presents conflicting information. In the beginning, it states the National Register does not place restrictions on properties. And in a later quote by Rebecca Schmitt, Historic Preservation Specialist at the National Register Program of the Tennessee Historical Commission, the article states it depends.
While the National Register "does not govern the appearance of a property," as Ms. Schmitt states, she continues to state, "Property owners may significantly alter their property, including demolition, as allowed within their local zoning laws." The last component of her statement is critical to property ownership - understand the local laws that govern alterations to your landmark property. The National Register and local/state honorariums are a catalyst for a local municipality's permit review process.
Depending on the scope of work for the change, a municipality might place restrictions on a property that is on the National Register of Historic Places or other landmark honoraria. These restrictions are the "Certificate of Appropriateness or Approval" process to obtain a building permit, governed by the respective Landmarks Preservation Board or Commission. (Note: Word usage of Appropriateness or Approval, and Coard vs. Commission varies from municipality to municipality across the country. In Seattle, they use "Approval" and "Board". In NYC, they use, "Appropriateness" and "Commission.")
It's advisable for anyone interested in purchasing a property that is on the National Register of Historic Places, or a state/local landmark, or in a historic district to research the procedure for making changes to their property. Depending on the scope of the modification, they will need a permit - historic preservation is a component of a jurisdiction's land use law. And, some, if not most municipalities require a Certificate of Appropriateness (CoA) from the local Landmarks Preservation Commission (LPC).
For an example of a property owner's miseducation or no education on the relationship between the landmark status of their 1909 property's inclusion in a local historic district and the alterations they performed without LPC approval, see the NYC Landmark Preservation Commission hearing from Feb. 2, 2021 and the owner's testimony begins here. Also, based upon the owner's testimony, it appears there might be a misunderstanding in the local building department's understanding of CoAs and they should ensure employees are giving property owners correct information about the permit process for alterations to landmarked property.
Article Summary: Alterations to a landmarked property, national (the National Register of Historic Places), state, city/village/town, might require oversight from your local government before they will give you a permit, i.e., give you permission to change your property. Before purchasing a property, make a long-term plan for this life-altering investment that includes a plan for alterations. During the course of ownership, you might want to alter the property. Therefore, it's in the best interest of current or prospective owners to do their due diligence on their property before purchase.
Since Fall 2020, Tuesdays have been Preservation Tuesdays for me as I watch live coverage of the NYC Landmarks Preservation Commission meetings on YouTube. A few of my observations are on my blog. Join the Tuesday watch parties!
Article first published on LinkedIn, Feb. 6, 2021.