PRESERVATION ADVOCACY TOOLS

The principle goal of historic preservation is to protect, for future generations, significant structures and sites that contribute to a shared cultural heritage. According to federal guidelines, a property is historically significant when it demonstrates an association to: broad patterns of history; the lives of significant people; the distinctive characteristics of an architectural building type or period; accomplishments of high artistic value; a significant and distinguishable entity whose components may lack individual distinction; or something that has yielded or may be likely to yield, information important in prehistory or history.

The first step towards protecting and maintaining historic structures and sites is to formally recognize their historic value. The following sections describe ways to designate and protect historic structures.

• Local Landmark Designation
• State and National Registers of Historic Places
• Certified Local Government Program
• New York State Environmental Quality Review Act

Local Landmark Designation

Local designation protects a building against incompatible alterations or demolition by any person or group, including the owner of the structure. In order to have a structure locally designated, the municipality in which the structure is located, either an incorporated village, city or town in New York State, must have a local landmark ordinance. The designation process varies from place to place, but generally requires a review of the historical information which an interested party or in some cases the municipality provides, and the holding of a public hearing.

Local designation generally means that there will be architectural controls and a review process dictating the alteration of a historic structure and sometimes its site. These architectural controls will not prohibit building or landscape additions and normally affect only alteration to exterior features, leaving homeowners to do as they wish at the interior.

Designation requires that any plans for additions or alterations be reviewed by a landmark commission. Some Design Review and Planning Boards serve this function. The purpose of the commission is to assure that changes will be compatible with the existing structure and that specific important features are not eradicated. Contact the City, Town or Village in which you live for further information.

For those interested in initiating a landmark law in their community the New York State Office of Parks Recreation and Historic Preservation, Historic Preservation Field Services Bureau, has a model landmark ordinance which can be obtained by calling New York State Office of Parks, Recreation and Historic Preservation, Historic Preservation Field Services Bureau, Julian Adams, (518)237-8643 ext. 3271

Local communities interested in preparing historic preservation regulations can also contact the New York State Department of State, Division of Local Government Services, 41 State Street, Albany, NY 12231, (518) 473-3355 or http://www.dos.state.ny.us.

A useful publication entitled Legal Aspects of Municipal Historic Preservation [1/2002] can be downloaded from the NYSDOS Website.

State and National Registers of Historic Places

Listing on the State and National Registers of Historic Places formally establishes the significance of an individual structure, a grouping of structures, landscape features, or any combination of the above. Its required research and statement of significance often makes a National Register listing the baseline reference for local designations. Register listing will not protect a historic property from any unsympathetic actions by the owner, but will ensure review by the State Historic Preservation Office should a Federal or State action be proposed such as a road widening in a historic district.

The National Register is administered through the New York State Office of Parks, Recreation and Historic Preservation, Historic Preservation Field Services Bureau also called the SHPO. Contact Virginia Bartos, at (518) 237-8643 ext. 3256. She will describe the process and forward the materials needed to begin.

For National Register listing, the structure must meet certain criteria and you will need to fill-out a detailed form describing information regarding architectural style and features, surrounding setting, and most importantly an essay analyzing the significance of the structure both historically and architecturally. The review by the State will include a site visit. Two principal reasons a building would not qualify for listing would be exterior alterations that are incompatible with the structure's architectural style, or a structure which has been moved. After all of the materials have been prepared, the SHPO staff reviews them, and from there they are forwarded to the New York State Board for Historic Preservation for review and recommendation. If recommended for listing, the application is then forwarded to the State Historic Preservation Officer for signing and listing on the State Register of Historic Places, and the nomination is then sent to the National Park Service for consideration and listing on the National Register.

Certified Local Government Program

The Certified Local Government Program (CLG) is a nation wide program that supports local preservation activities. Support includes special grants, professional and legal technical assistance and training.

Some examples of local preservation activities fundable under the CLG program are comprehensive surveys of historic resources, preparation of research and documentation to nominate properties to the National Register, development of architectural guidelines to aid in the administration of the community's landmark laws, and archaeological surveys.

A city, village, town or county in New York State can participate in the CLG program after the New York State Office of Parks, Recreation and Historic Preservation, Historic Preservation Field Services Bureau (SHPO) certifies that the local government has passed appropriate preservation legislation and appointed a review commission that meets state and federal standards. In Nassau and Suffolk Counties, the Town of North Hempstead, the Villages of Roslyn, Sands Point, East Hampton, Greenport, Sag Harbor and Southampton, and the City of Glen Cove have CLG status.

The SHPO provides a model landmark ordinance that meets CLG standards, which can be used to adopt appropriate local regulations. A copy of this ordinance and other material relating to the CLG program can be obtained through the New York State Office of Parks, Recreation and Historic Preservation, Historic Preservation Field Services Bureau. Contact Julian Adams (518) 237-8643 ext. 3271

Local landmark designation remains the tool of choice for effective protection of historic buildings. However, many landmark ordinances address only alteration and demolition of historic structures.

Few control what happens to the land surrounding these structures. New York State is fortunate to have implementation regulations under the State Environmental Quality Review Act [SEQRA], a subsection of the New York State Environmental Conservation Law. Under this law, the environment includes not only natural resources, but cultural resources as well: cultural, architectural, historical and archaeological.

SEQRA has become an intrinsic part of land use decision-making by local municipalities as well as other public agencies. A so-called SEQRA review must be undertaken for every action involving land development, even single building permits should their issuance require discretionary judgment on the part of the issuer of the permit.

The purpose of the review is to determine if the proposed action, whether developer initiated or initiated by the municipality or the agency itself, is likely to have a significant effect on the environment and if so, to require an environmental impact statement (EIS) for the purpose of developing alternatives to the proposed plan which may reduce potential impacts. Although SEQRA accords all historic resources status under the law, it accords sites that are listed on the State and National Register of Historic Places special importance, classifying them Type I. A Type I action is an indication that the proposed action (e.g. subdivision or site plan application) is more likely to have a significant effect on the environment.

The law requires that impacts be mitigated to the greatest extent practicable. Toward this goal the municipality can order studies such as historic structures reports (HSR) and archaeological surveys, paid for by the developer, to provide information that the municipality needs to make its decision. SEQRA also enables the municipality to plan appropriately for the long term preservation of historic sites by requiring, for example, that the main structure as well as service buildings and significant site features such as a perimeter wall, period landscape, or water feature be contained on the same lot. If the developer is not willing to do this voluntarily as part of the proffered development plan, than he/she can be required to prepare an Environmental Impact Statement which allows the municipality to consider design alternatives which are more likely to result in preserving historic sites in meaningful settings which will confer long term value and thus their survival.

Copies of the SEQRA implementation regulations are available from the New York State Department of Environmental Conservation, by calling the regional office, (631)444-0365 or downloaded from the NYSDEC Website http://www.dec.state.ny.us.

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