Historic districts in the United States

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Old City Historic District in Philadelphia Elfreth's Alley, Philadelphia.jpg
Old City Historic District in Philadelphia

Historic districts in the United States are designated historic districts recognizing a group of buildings, archaeological resources, or other properties as historically or architecturally significant. Buildings, structures, objects, and sites within a historic district are normally divided into two categories, contributing and non-contributing. Districts vary greatly in size and composition: a historic district could comprise an entire neighborhood with hundreds of buildings, or a smaller area with just one or a few resources.

Contents

Historic districts can be created by federal, state, or local governments. At the federal level, they are designated by the National Park Service and listed on the National Register of Historic Places; this is a largely honorary designation that does not restrict what property owners may do with a property. State-level historic districts usually do not include restrictions, though this depends on the state. Historic districts created by local municipalities, however, almost always protect historic properties by regulating alterations, demolition, or new construction within the district.

Much criticism [1] [2] [3] [4] [5] has arisen of historic districts and the effect protective zoning and historic designation status laws have on the housing supply. [1] When an area of a city is designated as part of a 'historic district', new housing development is artificially restricted [2] and the supply of new housing permanently capped [1] in area so designated as 'historic'. Critics of historic districts argue that while these districts may offer an aesthetic or visually pleasing benefit, they increase inequality by restricting access to new and affordable housing for lower and middle class tenants and potential home owners. [6] Housing advocates have argued that the historic designation process has in many places been hijacked by NIMBY homeowners to block housing. [7]

History

Charleston, South Carolina is home to the first historic district protected by local legislation in the United States East Battery & Atlantic St, Charleston SC.jpg
Charleston, South Carolina is home to the first historic district protected by local legislation in the United States

The first U.S. historic district was established in Charleston, South Carolina in 1931, predating the U.S. federal government designation by more than three decades. [9] Charleston city government designated an "Old and Historic District" by local ordinance and created a board of architectural review to oversee it. [9] New Orleans followed in 1937, establishing the Vieux Carré Commission and authorizing it to act to maintain the historic character of the city's French Quarter. [9] Other localities picked up on the concept, with the city of Philadelphia enacting its historic preservation ordinance in 1955. [10]

The regulatory authority of local commissions and historic districts has been consistently upheld as a legitimate use of government police power, most notably in Penn Central Transportation Co. v. City of New York (1978). The Supreme Court case validated the protection of historic resources as "an entirely permissible governmental goal." [11] In 1966, the federal government created the National Register of Historic Places, soon after a report from the U.S. Conference of Mayors had stated Americans suffered from "rootlessness." [12] By the 1980s, there were thousands of federally designated historic districts. Some states, such as Arizona, have passed referendums defending property rights that have stopped private property from being designated as historic without the property owner's consent or compensation for the historic overlay.

Property types

The Fleur-de-lys Studios is a contributing property to Providence's College Hill Historic District Fleur-de-lys Studios from the yard of the First Baptist Church.jpg
The Fleur-de-lys Studios is a contributing property to Providence's College Hill Historic District

Historic districts are generally two types of properties, contributing and non-contributing. [13] Broadly defined, a contributing property is any property, structure, or object which adds to the historical integrity or architectural qualities that make a historic district, listed locally or federally, significant. [14] Different entities, usually governmental, at both the state and national level in the United States, have differing definitions of contributing property, but they all retain the same basic characteristics. [14] [15] In general, contributing properties are integral parts of a historic district's historical context and character. [16]

In addition to the two types of classification within historic districts, properties listed on the National Register of Historic Places are classified into five broad categories. They are: building, structure, site, district, and object; each one has a specific definition in relation to the National Register. All but the eponymous district category are also applied to historic districts listed on the National Register. [17]

Federal-level

A listing on the National Register of Historic Places is a governmental acknowledgment of a historic district. However, the Register is "an honorary status with some federal financial incentives." [18] The National Register of Historic Places defines a historic district per U.S. federal law, last revised in 2004. [17] According to the Register definition, a historic district is:

a geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history. [17]

In 2021, a proposal to create a historic district in Downtown El Paso was denied after a majority of property owners opposed the designation. Building facade in downtown El Paso, Texas LCCN2014630853.tif
In 2021, a proposal to create a historic district in Downtown El Paso was denied after a majority of property owners opposed the designation.

Districts established under U.S. federal guidelines generally begin the designation process through a nomination to the National Register of Historic Places. The National Register is the official recognition by the U.S. government of cultural resources worthy of preservation. [20] While designation through the National Register does offer a district or property some protections, it is only in cases where the threatening action involves the federal government. If the federal government is not involved, then the listing on the National Register provides the site, property or district no protections. [21] For example, if company A wants to tear down the hypothetical Smith House and company A is under contract with the state government of Illinois, then the federal designation would offer no protections. If, however, company A was under federal contract, the Smith House would be protected. A federal designation is little more than recognition by the government that the resource is worthy of preservation. [21]

Generally, the criteria for acceptance to the National Register are applied consistently, but there are considerations for exceptions to the criteria, and historic districts influence some of those exceptions. Usually, the National Register does not list religious structures, moved structures, reconstructed structures, or properties that have achieved significance within the last 50 years. However, if a property falls into one of those categories and are "integral parts of districts that do meet the criteria", then an exception allowing their listing will be made. [17] Historic district listings, like all National Register nominations, can be rejected based on owner disapproval. In the case of historic districts, a majority of owners must object to nullify a nomination to the National Register of Historic Places. If such an objection occurred, then the nomination would become a determination of National Register eligibility only. [17] This provision is controversial because of the presumption that owners who do not file a formal objection support the designation, placing the burden on opponents. [22]

State-level

Most U.S. state governments have a listing similar to the National Register of Historic Places. State listings can have similar benefits to a federal designation, such as granting qualifications and tax incentives. In addition, the property can become protected under specific state laws. [21] The laws can be similar or different from the federal guidelines that govern the National Register. A state listing of a historic district on a "State Register of Historic Places", usually by the State Historic Preservation Office, can be an "honorary status", much like the National Register. For example, in Nevada, listing in the State Register places no limits on property owners. [23] In contrast, state law in Tennessee requires that property owners within historic districts follow a strict set of guidelines from the U.S. Department of Interior when altering their properties. [24] Though, according to the National Historic Preservation Act of 1966, all states must have a State Historic Preservation Office, not all states must have a "state historic district" designation. As of 2004, for example, the state of North Carolina had no such designation. [25]

Local-level

The Dakota belongs to the Central Park West Historic District (a federally designated district) as well as the Upper West Side/Central Park West Historic District (a locally designated district). The Dakota (48269594271).jpg
The Dakota belongs to the Central Park West Historic District (a federally designated district) as well as the Upper West Side/Central Park West Historic District (a locally designated district).

Local historic districts usually enjoy the greatest level of protection legally from any threats that may compromise their historic integrity because many land-use decisions are made at the local level. [21] There are more than 2,300 local historic districts in the United States. [26] Local historic districts can be administered at the county or the municipal level; both entities are involved in land use decisions. [27] The specific legal mechanism by which historic districts are enacted and regulated varies from one state to the next. In some areas, they are a component of zoning (where they are sometimes referred to as "overlay districts." In other places, they are created under a separate process unrelated to zoning.

Local historic districts are identified by surveying historic resources and delineating appropriate boundaries that comply with all aspects of due process. Depending on local ordinances or state law, property owners' permission may be required; however, all owners are to be notified and allowed to share their opinions. Most local historic districts are constricted by design guidelines that control changes to the properties included in the district. Many local commissions adopt specific guidelines for each neighborhood's "tout ensemble" although some smaller commissions rely on the Secretary of Interior Standards. For most minor changes, homeowners can consult with local preservation staff at the municipal office and receive guidance and permission. Significant changes, however, require homeowners to apply for a Certificate of Appropriateness (COA), and the historic commission or architectural review board may decide upon the changes. [28] The COA process is carried out with all aspects of due process, with formal notification, hearings, and fair and informed decision-making.

According to the National Park Service, historic districts are one of the oldest forms of protection for historic properties. The city of Charleston, South Carolina is credited with beginning the modern-day historic districts movement. [29] In 1931, Charleston enacted an ordinance which designated an "Old and Historic District" administered by a Board of Architectural Review. [29] Charleston's early ordinance reflected the strong protection that local historic districts often enjoy under local law. It asserted that no alteration could be made to any architectural features the public could view from the street. [29] Local historic districts, as in New Orleans and Savannah, Georgia, predate the Register by ten years or more as well. [30]

Local historic districts are most likely to generate resistance because of the restrictions they tend to place on property owners. [31] [32] [33] Local laws can cause residents "to comply with (local historic district) ordinances." [34] For example, homeowners may be prevented from upgrading poorly insulated windows unless they spend tens of thousands of dollars on identical styles. [35] [36]

Criticism of historic districts in Chicago [37] and elsewhere in the United States is primarily based on arguments that such laws creating such districts restrict the supply of affordable housing, and thus the result of such districts is that of enforcing caste structures and class divisions by region and segments of urban areas. [38] [39] [40] Several historic districts have been proposed not for a true preservation purpose but to prevent development. [41]

The issue of local historic districts and the impact on property values concerns many homeowners. The effects have been extensively studied using multiple methodologies, including before-and-after analysis and evaluating comparable neighborhoods with and without local designation status. Independent researchers have conducted factual analysis in several states, including New Jersey, Texas, Indiana, Georgia, Colorado, Maryland, North and South Carolina, Kentucky, Virginia, and elsewhere. As stated by economist Donovan Rypkema, "the results of these studies are remarkably consistent: property values in local historic districts appreciate significantly faster than the market as a whole in the vast majority of cases and appreciate at rates equivalent to the market in the worst case. Simply put – historic districts enhance property values." [42] In a 2011 study Connecticut Local Historic Districts and Property Values, it was found that "property values in every local historic district saw average increases in value ranging from 4% to over 19% per year." [43] Similarly, in New York City between 1980 and 2000, local historic district properties on a price per square foot basis increased in value significantly more than non-designated properties. [44]

Significance

The David Davis III & IV House in Bloomington, Illinois, is an example of a property in a local historic district that is also listed on the federal National Register of Historic Places. Bloomington Il David Davis III & IV House1.JPG
The David Davis III & IV House in Bloomington, Illinois, is an example of a property in a local historic district that is also listed on the federal National Register of Historic Places.

The original concept of an American historic district was a protective area surrounding more important, individual historic sites. As the field of historic preservation progressed, those involved came to realize that the structures acting as "buffer zones" were key elements of the historical integrity of larger landmark sites. Preservationists believed that districts should be more encompassing, blending a mesh of structures, streets, open space, and landscaping to define a historic district's character. [47]

As early as 1981, the National Trust for Historic Preservation identified 882 American cities and towns that had some form of "historic district zoning" in place--local laws meant specifically to protect historic districts. Before 1966, historic preservation in the United States was in its infancy. That year the U.S. Conference of Mayors penned an influential report which concluded, in part, that Americans suffered from a sense of "rootlessness." [12] They recommended historic preservation to help give Americans a sense of orientation. The creation of the National Register of Historic Places in 1966, on the heels of the report, helped instill that sense of orientation the mayors sought. [12] The mayors also recommended that any historic preservation program not focus solely on individual properties but also on "areas and districts which contain special meaning for the community." Local, state, and federal historic districts now account for thousands of historical property listings at all levels of government. [12]

See also

Related Research Articles

<span class="mw-page-title-main">Zoning</span> Government policy allowing certain uses of land in different places

In urban planning, zoning is a method in which a municipality or other tier of government divides land into "zones", each of which has a set of regulations for new development that differs from other zones. Zones may be defined for a single use, they may combine several compatible activities by use, or in the case of form-based zoning, the differing regulations may govern the density, size and shape of allowed buildings whatever their use. The planning rules for each zone determine whether planning permission for a given development may be granted. Zoning may specify a variety of outright and conditional uses of land. It may indicate the size and dimensions of lots that land may be subdivided into, or the form and scale of buildings. These guidelines are set in order to guide urban growth and development.

<span class="mw-page-title-main">National Register of Historic Places</span> Federal list of historic sites in the US

The National Register of Historic Places (NRHP) is the United States federal government's official list of sites, buildings, structures, districts, and objects deemed worthy of preservation for their historical significance or "great artistic value".

A historic house generally meets several criteria before being listed by an official body as "historic." Generally the building is at least a certain age, depending on the rules for the individual list. A second factor is that the building be in recognizably the same form as when it became historic. Third is a requirement that either an event of historical importance happened at the site, or that a person of historical significance was associated with the site, or that the building itself is important for its architecture or interior. Many historic houses are also considered museums and retain permanent collections that help tell the story of their house and the era.

<span class="mw-page-title-main">National Historic Landmark</span> Designation by the US government

A National Historic Landmark (NHL) is a building, district, object, site, or structure that is officially recognized by the United States government for its outstanding historical significance. Only some 2,500, or roughly three percent, of over 90,000 places listed on the country's National Register of Historic Places are recognized as National Historic Landmarks.

<span class="mw-page-title-main">Historic preservation</span> Preservation of items of historical significance

Historic preservation (US), built heritage preservation or built heritage conservation (UK) is an endeavor that seeks to preserve, conserve and protect buildings, objects, landscapes or other artifacts of historical significance. It is a philosophical concept that became popular in the twentieth century, which maintains that cities as products of centuries' development should be obligated to protect their patrimonial legacy. The term refers specifically to the preservation of the built environment, and not to preservation of, for example, primeval forests or wilderness.

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<span class="mw-page-title-main">Contributing property</span> Key component of a place listed on the National Register of Historic Places

In the law regulating historic districts in the United States, a contributing property or contributing resource is any building, object, or structure which adds to the historical integrity or architectural qualities that make the historic district significant. Government agencies, at the state, national, and local level in the United States, have differing definitions of what constitutes a contributing property but there are common characteristics. Local laws often regulate the changes that can be made to contributing structures within designated historic districts. The first local ordinances dealing with the alteration of buildings within historic districts was enacted in Charleston, South Carolina in 1931.

The history of the National Register of Historic Places began in 1966 when the United States government passed the National Historic Preservation Act (NHPA), which created the National Register of Historic Places (NRHP). Upon its inception, the U.S. National Park Service (NPS) became the lead agency for the Register. The Register has continued to grow through two reorganizations, one in the 1970s and one in 1980s and in 1978 the NRHP was completely transferred away from the National Park Service, it was again transmitted to the NPS in 1981.

<span class="mw-page-title-main">Central Park West Historic District</span> Historic district in Manhattan, New York

The Central Park West Historic District is located along Central Park West, between 61st and 97th Streets, on the Upper West Side of Manhattan in New York City, United States. The district was added to the National Register of Historic Places on November 9, 1982. The district encompasses a portion of the Upper West Side-Central Park West Historic District as designated by the New York City Landmarks Preservation Commission, and contains a number of prominent New York City designated landmarks, including the Dakota, a National Historic Landmark. The buildings date from the late 19th century to the early 1940s and exhibit a variety of architectural styles. The majority of the district's buildings are of neo-Italian Renaissance style, but Art Deco is a popular theme as well.

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<span class="mw-page-title-main">Zoning in the United States</span> Provision in urban planning in the United States

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The City of Omaha Landmarks Heritage Preservation Commission, established in 1977, is the Omaha city government's a nine-member board responsible for recommending official Omaha Landmarks to the Omaha City Council. The Landmarks Heritage Preservation Commission is that was established by ordinance in 1977 to review and recommend to the City Council on all matters pertaining to the designation of individual buildings, sites, objects, or entire districts of local historical significance. The commission is staffed by the Landmarks Division of the Omaha Planning Department.

<span class="mw-page-title-main">Broadway–Flushing, Queens</span> Neighborhood in New York City

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<span class="mw-page-title-main">Historic district</span> Section of a city

A historic district or heritage district is a section of a city which contains older buildings considered valuable for historical or architectural reasons. In some countries or jurisdictions, historic districts receive legal protection from certain types of development.

In Canada, heritage conservation deals with actions or processes that are aimed at safeguarding the character-defining elements of a cultural resource so as to retain its heritage value and extend its physical life. Historic objects in Canada may be granted special designation by any of the three levels of government: the federal government, the provincial governments, or a municipal government. The Heritage Canada Foundation acts as Canada's lead advocacy organization for heritage buildings and landscapes.

The Columbus Register of Historic Properties is a register for historic buildings and other sites in Columbus, Ohio, United States. The register is maintained by the City of Columbus Historic Resources Commission and Historic Preservation Office, and was established in 1980. Many of these landmarks are also listed on the National Register of Historic Places, providing federal tax support for preservation, and some are further designated National Historic Landmarks, providing additional federal oversight.

References

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  2. 1 2 Washington, Emily (December 23, 2015). "Historic Preservation and Its Costs". www.city-journal.org. City-Journal. Retrieved February 16, 2022.
  3. ↑ Andersen, Michael (December 23, 2015). "BOGUS "HISTORIC" DISTRICTS: THE NEW EXCLUSIONARY ZONING?". www.sightline.org. Sightline. Retrieved February 16, 2022.
  4. ↑ Freishtat, Sarah. "Are landmark districts linked to affordable housing and segregation? A Chicago lawsuit makes the connection, but a historic preservationist disputes it". www.msn.com. MSN. Retrieved February 16, 2022.
  5. ↑ Levine, Jeremy (September 15, 2024). "How California NIMBYs are weaponizing historic preservation to stop new homes". San Francisco Chronicle.
  6. ↑ Grabar, Henry (April 12, 2021). ""Good Design" Is Making Bad Cities, but It Doesn't Have To". slate.com. SLATE. Retrieved February 16, 2022.
  7. ↑ "Why Homeowners In LA's Historic Districts Say They Should Be Exempt From Fast-Tracked Affordable Housing". LAist. May 3, 2024.
  8. ↑ "The Old and Historic Charleston District" . Retrieved December 16, 2020.
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  10. ↑ 'Philadelphia Historical Commission' http://www.phila.gov/historical/designation.html Archived 2006-10-05 at the Wayback Machine
  11. ↑ 438 U.S. 104, 129 (1978)
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  13. ↑ National Register Historic Districts Q&A Archived 2010-03-22 at the Wayback Machine , South Carolina Department of Archives and History. Retrieved February 19, 2007.
  14. 1 2 Historic and Scenic Preservation Local Option Property Tax Reimbursement Archived 2007-09-30 at the Wayback Machine , Maine Historic Preservation Commission. Retrieved February 19, 2007.
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  16. ↑ Iowa City Historic Preservation Handbook Archived 2011-07-18 at the Wayback Machine , (PDF), Iowa City Urban Planning Division. Retrieved March 26, 2007.
  17. 1 2 3 4 5 Title 36: Section 60.3 Archived 2007-02-10 at the Wayback Machine , Parks Forests and Public Property, Chapter One, Part 60. National Register of Historic Places. Retrieved February 19, 2007.
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  22. ↑ Groover, Heidi (October 17, 2022). "Wallingford seeks historic status; some worry it's a roadblock to density". The Seattle Times. Retrieved October 18, 2022.
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  28. ↑ Miller, Julia. "Providing for Economic Hardship Relief in the Regulation of Historic Properties." Preservation Law Reporter 15 PLR 1135, no. 1996
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  36. ↑ Proft, Kevin (August 24, 2016). "Energy-Efficient Windows Conflict with Historic District Regulations". EcoRI.
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  38. ↑ Andersen, Michael (December 23, 2015). "BOGUS "HISTORIC" DISTRICTS: THE NEW EXCLUSIONARY ZONING?". www.sightline.org. Sightline. Retrieved February 16, 2022.
  39. ↑ Washington, Emily (December 23, 2015). "Historic Preservation and Its Costs". www.city-journal.org. City-Journal. Retrieved February 16, 2022.
  40. ↑ Millsap, Adam. "Cities Should Think Twice About Expanding Historic Districts". Forbes. Retrieved February 16, 2022.
  41. ↑ Sementelli, Nick. "Chevy Chase historic district applicants admit what it's actually about". ggwash.org. Retrieved April 10, 2024.
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