A Guide to Smart Growth andCultural Resource Planning

COVER PHOTOS

Top Left: Copeland’s Service Station (currently known as Sherman Perk), Milwaukee, built 1939. Photo courtesy of the Mayor’s office, City of Milwaukee.

Middle Left: Pottawatomie Lighthouse, Town of Washington, Door County, built 1858. Photo by Tim Sweet, Friends of Rock Island.

Bottom Left: Whistler Mound Group, Village of Hancock, Waushara County, constructed Woodland period. Photo by Jerry W. Carlton, Clerk, Village of Hancock.

Top Right: How-Beckman Mill, Town of Newark, Rock County, built 1868. Photo by Kevin Johnson, Friends of Beckman Mill Inc.

Bottom Right: Stoughton City Hall, Library and Auditorium, Stoughton, Dane County, built 1901. Photo by Art Wendt.

A Guide to Smart Growth and Cultural Resource Planning was prepared by the Division of Historic Preservation,Wisconsin Historical Society. It has been financed in part with Federal Funds from the National Park Service, U.S.Department of the Interior, and administered by the Wisconsin Historical Society. However, the contents and opinionsdo not necessarily reflect the views or policies of the Dept. of Interior or the Wisconsin Historical Society. Nor doesthe mention of trade names or commercial products constitute endorsement or recommendation by the Dept. of theInterior or the Wisconsin Historical Society.

The Historic Preservation Division of the Wisconsin Historical Society receives Federal financial assistance for theidentification and protection of historic properties. Under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended, the U.S. Dept. of the Interior prohibits discrimination on the basis of race, color, national origin, or disability or age in its federally assisted programs. If you believe you have been discriminated against in any program, activity, or facility as described above, of if you desire further information, please write to:

Office of Equal OpportunityNational Park Service

1849 C Street NWWashington D.C. 20240

A Guide to Smart Growth and Cultural Resource Planning

Division of Historic Preservation

Barns, southern Dane County

Phot

o by

Ric

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A. B

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Edited by Richard A. Bernstein

TABLE OF CONTENTS

ACKNOWLEDGMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v

FOREWORD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vi

PART I: PLANNING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Chapter 1: Planning for the Future. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3What is Smart Growth? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3What is Sprawl? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3What is a Comprehensive Plan? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5What are Cultural Resources? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5What is Historic Preservation? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6Why Preserve? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6Why Plan for Cultural Resources? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6Integrating Cultural Resources with Other Plan Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7Getting Started . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Chapter 2: The Cultural Resource Plan Development Process . . . . . . . . . . . . . . . . 9Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9Historic Preservation Commission’s Role in Comprehensive Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9Step-by-Step Guide for Developing the Cultural Resource Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10Step 1 : Organize the Historic Preservation Team . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10Step 2 : Visioning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10Step 3 : Taking Stock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10Step 4 : Setting Goals and Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11Step 5 : Strategy Formation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11Step 6 : Implementation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11Step 7 : Evaluation and Updates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Chapter 3: Model Outline for a Cultural Resource Section . . . . . . . . . . . . . . . . . 12

Chapter 4: The Cultural Resource Survey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17What is a Cultural Resource Survey?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17What Kind of Cultural Resource Survey is Appropriate? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17Funding a Survey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18Hiring a Cultural Resource Surveyor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18Evaluating Cultural Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19Archaeological Surveys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

PART II: IMPLEMENTATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Chapter 5: Promotional and Educational Strategies . . . . . . . . . . . . . . . . . . . . . . . 23Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23Walking Tours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23Workshops . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23Hands-On Archaeology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24Wisconsin’s Historical Markers Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24Establishing a Local Plaque Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24Historic Preservation and Archaeology Week . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25Wisconsin’s Main Street Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25Design Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Chapter 6: Legal Strategies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29State Register and National Register of Historic Places. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29National Historic Landmarks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29Cataloguing Burial Sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30Protecting Cultural Resources during Public Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31Historic Preservation Ordinances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33Towns and Historic Preservation Ordinances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35Demolition Controls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35Archaeological Ordinances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36Coordinating Zoning and Historic Preservation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36Coordinating Protection of Cultural and Natural Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37Open Space and Archaeological Site Preservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38Greenways. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38Land Trusts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38Cluster Subdivisions and Planned Unit Developments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38Bonus or Incentive Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39Mandatory Dedication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39Subdivision Controls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39Transfer of Development Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39Historic Building Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40Minimum Maintenance Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40Local Taxation Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40Covenants and Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40Easements and Tax Incentives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41Establishing an Easement Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41Acquisition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43Life Estates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

Chapter 7: Funding Sources. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44Local Source . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44Business Improvement Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45Private Revolving Funds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45Historic Buildings Tax Exemption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46Archaeological Tax Exemption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46Architectural Conservancy Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46Federal and State Investment Tax Credits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47Department of Transportation/Local Transportation Enhancements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47Jeffris Family Foundation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47National Trust for Historic Preservation/Jeffris Preservation Services Fund . . . . . . . . . . . . . . . . . . . . . . . . . . 49Wisconsin Humanities Council/Historic Preservation Program Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49Small Business Administration/Certified Development Company (504) Loan Program . . . . . . . . . . . . . . . . 49Wisconsin Coastal Zone Management/Public Access—Low-Cost Construction Grants. . . . . . . . . . . . . . . . . 50Wisconsin Department of Commerce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50Wisconsin Department of Natural Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

Conclusion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

APPENDICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

Appendix A—A Model Historic Preservation Ordinance for Small Communities . . 55

Appendix B—City of La Crosse’s Archaeological Preservation Ordinance . . . . . . . 59

Appendix C—State and National Register of Historic Places Questionnaire . . . . . 61

v

ACKNOWLEDGMENTS

T he publication of this brochure was a group effort, in which many people throughout the Division of Historic Preservation played a large part. Diane Holliday, former assistant statearchaeologist, wrote several sections about archaeology, and Geoff Gyrisco, the former local

government coordinator, chapters on Legal Strategies and Funding. The Division would also like to thank those planners who took the time to review this document

in draft form in its entirety; primarily Brian Ohm and Chuck Law, both of UW–Extension and KevinPomeroy, formerly the Design Coordinator for the Wisconsin Main Street Program at the Department of Commerce.

Special thanks also goes to Bobbie Malone, Office of School Services, Wisconsin Historical Societyand Paul Benjamin of the Department of Agricultural, Trade and Consumer Protection for their reviewand helpful comments.

Roberta Couillard of the Public History Division, Wisconsin Historical Society designed the publication.

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FOREWORD

W hen Wisconsin Act 9 was signed into law on October 27, 1999, Wisconsin joined the nation’sgrowing comprehensive planning movement. According to a survey recently undertaken bythe American Planning Association, only seven states mandate that every comprehensive

plan address cultural resources. This puts Wisconsin in rare company when it comes to cultural resource planning.

This new legislation presents the historic preservation community in Wisconsin with a unique opportunity to integrate cultural resource preservation into the larger comprehensive planning process.Historic preservationists should care about comprehensive planning and the broader planning picturebecause decisions made about land-use, transportation, zoning, and subdivisions often critically impactefforts to preserve a historic building, an archaeological site or a historic neighborhood or downtown.

When a community plans ahead to preserve a historic property, site or district before other decisionshave been reached, there is a greater likelihood of success. Many communities will seize this opportunity to develop an ambitious historic preservation plan. For example, the city of Bayfield and the village of Sussex have done just that, and the Division of Historic Preservation applauds theirefforts.

The Division’s five-year strategic plan places a priority on assisting communities with integrating cultural resource preservation into their required comprehensive plans. We welcome and urge commu-nities to contact us to discuss why cultural resources are among your community’s greatest assets and to discover what specific information the Division may have about cultural resources in your backyard.

Together we can preserve Wisconsin’s past and leave a legacy for future generations.

Alicia L. GoehringState Historic Preservation OfficerAdministrator, Division of Historic PreservationWisconsin Historical Society

Division of Historic PreservationOffice: 608-264-6500Fax: 608-264-6504Web: www.wisconsinhistory.org

PART I: PLANNING

Part I provides an overview of the culturalresource planning process. This process allowscommunities to survey, evaluate and map thoseresources they want to protect.

An inventory identifies a community’s cultural,architectural, historical and archaeologicalresources and their location in the community.

Through this planning process, communitieswill establish goals, priorities and policies toprotect, restore and promote their significantcultural resources.

List of Nine Required Plan Elements

Wisconsin’s Comprehensive Planninglegislation requires a comprehensive planto address the following nine elements:

Issues and opportunities Housing Transportation Utilities and community facilities Agricultural, natural and cultural

resources Economic development Intergovernmental cooperation Land-use Implementation

Chapter 1: Planning for the Future

Planning for the Future

3

Introduction

Rapid growth is changing the face ofWisconsin. Citizens cite unplanned growthas one of the biggest threats facing historic

resources in Wisconsin, and for good reason. It isestimated that Wisconsin will add 450,000 newhouseholds between 1995 and 2015. As recently as1998, only 29% of all Wisconsin communities had developed any land-use plan. Combined withthe trend toward “scattered development,”unplanned growth competes with the preserva-tion of Wisconsin's ancient and historic places.

Only 30% of the buildings in Wisconsin docu-mented during the Great Depression by the feder-al Historic American Building Survey (HABS) pro-gram have survived. Only 25% of Wisconsin’sNative American mounds remain intact.Continuing sprawl threatens our traditional rurallandscapes and archaeological sites, and it divertspotential resources away from our historic down-towns and neighborhoods. New development cancreate jobs and bolster the economy, but, whenunplanned, it can create problems. By planning forchange, communities can benefit from growth,seizing its opportunities while avoiding its pit-falls.

What is Smart Growth?Smart Growth is an umbrella term for a set of

tools that communities can use to direct growththe way they want. Smart Growth is part of abroad movement embraced by the National Trustfor Historic Preservation, the National RealtorsAssociation, the National Home BuildersAssociation and by other private organizationsacross the country who promote progress throughplanned growth.

On October 27, 1999, Governor Tommy G.Thompson signed Wisconsin Act 9 into law. Thenew legislation, referred to as Wisconsin's SmartGrowth legislation, made significant changes tostate planning statutes. The new law requires alllocal governments to make land-use decisionsconsistent with an adopted comprehensive planby January 1, 2010. The legislation creates a nine-element definition for a comprehensive plan andrequires each community to consider all nine ele-ments (Please see Sidebar).

What is Sprawl?The National Trust for Historic Preservation

defines Sprawl as “dispersed, low-density devel-opment that is generally located at the fringe of anexisting settlement and over large areas of previ-ously rural landscape. It is characterized by segre-gated land uses and dominated by the automo-bile.”

Sprawl is the opposite of Smart Growth. SmartGrowth recycles existing buildings and land, con-serves historic downtowns and residential neigh-borhoods, preserves farmland and maintains localcommunity character to promote a sense of com-munity and protect the environment for futuregenerations. By contrast, Sprawl devours openspace and wastes public and private investmentsmade in existing communities.

Historic preservationists favor Smart Growthbecause they understand that regional land-usedecisions about transportation, zoning and subdi-visions have direct and indirect effects on localefforts to preserve historic buildings, archaeologi-cal sites or entire historic downtowns.

Fourteen Planning Goals

The new law provides fourteen goals that state agencies are asked to consider when takingactions and that communities must consider when writing a comprehensive plan with state planning aids:

1. Promotion of the redevelopment of lands with existing infrastructure and public services and the maintenance and rehabilitation of existing residential, commercial and industrial structures.

2. Encouragement of neighborhood designs that support a range of transportation choices.

3. Protection of natural areas, including wetlands, wildlife habitats, lakes, woodlands, open spaces and groundwater resources.

4. Protection of economically productive areas, including farmland and forests.

5. Encouragement of land uses, densities and regulations that promote efficient development patterns and relatively low municipal, state governmental and utility costs.

6. Preservation of cultural, historic and archaeological sites.

7. Encouragement of coordination and cooperation among nearby units of government.

8. Building of community identity by revitalizing main streets and enforcing design standards.

9. Providing an adequate supply of affordable housing for individuals of all income levels throughout each community.

10. Providing adequate infrastructure and public services and an adequate supply of developable land to meet existing and future market demand for residential, commercial and industrial uses.

11. Promoting the expansion or stabilization of the current economic base and the creation of a range of employment opportunities at the state, regional and local levels.

12. Balancing individual property rights with community interests and goals.

13. Planning and development of land uses that create or preserve varied and unique urban and rural communities.

14. Providing an integrated, efficient and economical transportation system that affords mobility, convenience and safety and that meets the needs of all citizens, including transit-dependent and disabled citizens.

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What is a Comprehensive Plan?A comprehensive plan is a status report of

how well a community meets its goals to provideaffordable housing, safe and efficient transporta-tion systems, job growth, economic developmentand a clean environment, among others. In addi-tion, comprehensive plans provide a forum for set-ting goals the community wants to achieve in theforeseeable future.

State planning legislation gives local govern-ment the authority to undertake a comprehensiveplan. Comprehensive plans are adeclaration of the policy andintent of a local government. Eventhough comprehensive plans areadvisory, courts have generallysupported the land-use and zon-ing decisions that are articulatedin them.

Cultural resources are animportant “sub-element,” or sec-tion, in developing a community’scomprehensive plan. A preserva-tion ethic provides the historicalcontext for future planning andland-use policies, especially asthose policies affect urban designin existing neighborhoods. Olderneighborhoods and historic build-ings can determine the style andscale of future development.Using past architectural styles andhistoric urban forms as a bench-mark, historic preservation pro-vides community residents a con-nection to the history of theirhomes, neighborhoods, cities andregions. This “sense of place” fos-ters civic pride and increases theincentive for people to remainactive in the community as citi-zens, neighbors and propertyowners.

Communities that have notyet identified cultural resources,should not assume that the cultur-al resource section of the plan maybe overlooked. The lack of knowncultural resources may result froma failure to uncover and evaluatethe historic and ancient resourcesthat exist.

Preservation Revitalizes Commercial Areas First National Bank, Chippewa Falls

Romanesque Revival was not a common style for com-mercial buildings in Wisconsin. Its fortress-like qualities weremore commonly used on governmental or institutional build-ings. This bank’s designers used the style to convey an imageof solidity and security. When the owner, Don Pulver ofChippewa Falls, began his restoration, some of the building'scharacter was undermined by more recent remodeling wherethe building had been painted white and the prism glasstransoms were boarded over. Mr. Pulver used a chemicalcleaner to remove the paint from the rough cut stone andexposed the prism glass. The glass now refracts light backinto the far reaches of the high-ceilinged commercial space,which serves as a jewelry store. Historic windows and doorswere reproduced using old photographs. This projectreceived a “Best Restoration” award from Wisconsin MainStreet Program, Department of Commerce, and the ownerreceived a historic preservation

Planning for the Future

First National Bank, Chippewa Falls Before After

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What are Cultural Resources?The term “cultural resources” includes historic

buildings and structures as well as ancient and his-toric archeological sites. The 1999 law specifiesthat a comprehensive plan shall include a numberof components, including "a compilation of objec-tives, policies, goals, maps, and programs for theconservation and promotion of the effective man-agement of historic and cultural resources."

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Questions the Cultural ResourcesSection Should Address

Another way to develop the compre-hensive plan’s cultural resource section is to pose questions that the plan shouldanswer. Below are suggested questions thateach community should ask as part of theplanning process:

• Which cultural resources are most important to the community?

• What are the current threats to the community’s cultural resources?

• How should the community respond to these threats?

• What has the community done previ-ously to protect and promote its cultural resources?

• What is the community doing currentlyto protect and promote its cultural resources?

• What future actions should the community take to protect and promote its cultural resources?

• When and how does the community want to implement its priorities?

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What is Historic Preservation?Historic preservation is the protection, rehabil-

itation, restoration and reconstruction of culturalresources. Cultural resources include communi-ties, areas, structures, sites and objects having his-toric, archaeological, architectural, social or cultur-al significance. The basic intent of preservation isbest described more broadly. In the words of JohnLawrence, Dean of the School of Architecture atTulane University, “The basic purpose of preserva-tion is not to arrest time but to mediate sensitivelywith the forces of change, to understand the pres-ent as a product of the past and a modifier of thefuture.”

Why Preserve?Preserving important aspects of our past gives

us a sense of continuity and meaning. In addition,historic preservation efforts foster communitypride. Because cultural resources provide animportant window to the past, many Wisconsinresidents preserve and retain culturally significantresources to distinguish their communities.

In addition to maintaining a community’s dis-tinctive character, cultural resource preservationcan lead to tangible economic benefits. Cedarburgbenefited from increased tourism by retaining andemphasizing its historic heritage. Mineral Point’spreservation efforts attracted tourists andincreased real estate values. In urban areas wheredeterioration of central-city neighborhoods result-ed in declining property values, preservationoffers positive alternatives to continuing decay.Urban preservation efforts stabilized property val-ues in neighborhoods of Eau Claire, Madison,Racine and Milwaukee. In many cases, overallneighborhood improvement and investment inrehabilitation leads to increased real estate valuesand municipal tax revenues.

As land prices and construction costs escalate,and people become concerned about the fragilityof our natural environment, we cannot maintainthe current pace of resource consumption.Recycling buildings and entire neighborhoodsmakes increasing sense under these conditions.Rehabilitating older structures usually costs lessthan building a new. Furthermore, labor, a renew-able resource, represents the chief cost in rehabili-tating older buildings. Good design and imagina-tion emphasizes the distinctive qualities of olderbuildings—qualities that are expensive to dupli-cate in new construction.

There are also legal requirements to preservein addition to aesthetic reasons. State and federal

historic preservation laws pertain primarily topublicly sponsored projects, though less so to pri-vate property and private actions. DiscussingWisconsin’s cultural resource protection laws in acomprehensive plan, highlighting those that mostpertain, and planning accordingly, is a good wayto prevent time-consuming and costly last-minutedelays in project design or construction. (Specificlaws protecting cultural resources in Wisconsin arediscussed in Chapter 6: Legal Strategies.)

Why Plan for Cultural Resources? A community needs a cultural resource section

in its comprehensive plan for several reasons.First, the cultural resource section serves as thecommunity’s historic preservation “road map.”Many comprehensive plans only include a briefdescription of current conditions and summarizerecommendations for future actions. When the

community decides its appropriate plan, the cul-tural resource section forms the basis for a moredetailed historic preservation plan to be developedat a future date.

Each community will have different reasons todevelop the cultural resource section in its compre-hensive plan. Smaller communities with few his-toric resources and tight budgets may not need orbe able to address a full range of cultural resourceissues. Larger communities with many culturalresources and a professional planning staff mayuse the plan to address the full range of issues.

Establishing a cultural resource section canprovide the basis for developing a preservationprogram if none exists, and it can strengthen exist-ing preservation programs or serve to resolveexisting and future conflicts among competingland-use goals. A thorough cultural resource sec-tion will:

• State the goals and objectives of historic preservation in the community;

• Educate and inform the general public;

• Assure consistency or eliminate incon-sistency among various local government policies;

• Form a solid legal basis for the adoption of a new historic preservation ordinance or to strengthen an existing historic preser-vation ordinance;

• Form an agenda for future preservation activities and to create a way to measure progress; and

• Comply with Wisconsin’s Comprehensive Planning legislation,

Integrating Cultural Resources with Other Plan Elements

Comprehensive Planning provides a numberof methods that advance preservation values andconcerns. All plan elements should consider thepreservation of a community’s significant archaeo-logical and historic resources. For example, a goodhousing element will analyze existing housingstock and describe the unmet community housingneeds. There are several solutions to housing prob-lems that incorporate accepted preservationapproaches and practices. A preservation-focusedplan encourages rehabilitation of older communi-ty housing stock rather than simply planning newconstruction to meet shortages. In addition, theplan can also consider conversion of abandoned

facilities, such as factories or schools, into multi-unit housing facilities.

The redevelopment and rehabilitation of theMineral Point High School (please see sidebar onnext page) demonstrates how the issues of hous-ing, economic development and the preservationof a cultural resource can overlap. This inter-rela-tionship between cultural resources and otherrequired plan elements exist in many communi-ties.

Conflicts between historic preservation andpossible traffic improvements need considerationduring the comprehensive planning process.Questions to ask could include: Will widening acommunity’s main street affect commercial or res-idential use of a historic district? What actions cana community take before serious conflicts arise?

While historic and natural resources are listedtogether in the comprehensive planning statute, itis important to coordinate natural resource preser-vation with issues of cultural significance. In somecases, the preservation of natural resources is com-patible with the preservation of cultural resources.For instance, many local communities have pre-served ancient mound groups by including themwithin local public parks. Both the Village ofHancock's Whistler Mounds Park in WausharaCounty and the City of Sheboygan's IndianMound Park preserved and interpreted a largegroup of Native American mounds as part of abroader public open-space.

Conflicts between the preservation of naturaland historic resources may occur, but manyoptions exist for conflict resolution. To resolvesuch conflicts, project participants should examinethe available options and the inherent values pres-ent in both sets of resources.

Getting StartedA preservation group, a historic preservation

commission or even a single dedicated individual,can provide the needed impetus to “kick-start” thecultural resource planning process. Stimulated bySmart Growth legislation, local government offi-cials or planning authorities can also take the ini-tiative. The next few chapters provide some guid-ance to implement Wisconsin’s new Smart Growthlegislation and how planning for cultural resourcepreservation can be a useful part of a community’scomprehensive plan.

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Mineral Point High School

Built as Mineral Point’s High School in 1903, and later converted into the middle school,this building served the young people of the area for decades. It was designed by F. S. Small,who designed Appleton’s Washington School and Kenosha High School. Small designed allthree schools in the Romanesque revival style, but the Mineral Point building is distinctivebecause builders used native dolomite limestone for its striking exterior.

When the Mineral Point school district abandoned the building, Stone House Developmentstepped in with a proposal to convert it to 11 apartments. Stone House has developed manysuccessful projects around the state, including school rehabilitations in New Glarus, Janesvilleand Jefferson. They combine affordable housing tax credits with state and federal preservationtax credits to make the projects feasible.

Stone House Development used Historic Preservation Tax Credits to convert Mineral PointHigh School into eleven apartments. The firm maintains the historic details so visitors and resi-dents can appreciate the building as a school despite the changes necessary to convert it to anew use. Lockers areoften left in place inthe original wide corri-dors and blackboardsare kept as interestingand functional walltreatments. Most oldschools have had theirwindows unsympathet-ically replaced orwalled-over to saveenergy. Stone Housereplaced the blocked-down windows withnew ones, based onthe originals docu-mented in a historicphotograph. The firmsays that their school-house apartments areeasy to rent becausethey retain their his-toric character.

Mineral Point High School, Mineral Point Before

After

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Introduction

T here are many ways communities decide todevelop a comprehensive plan and all theelements within it. Much will depend on a

community’s size, the planning resources at its dis-posal and, in terms of historic preservation, thenumber and kinds of cultural resources the com-munity includes.

Although cultural resources are combinedwith natural and agricultural resources in the com-prehensive planning legislation, there is no staterequirement to combine all three resources into asingle chapter in the final comprehensive plan.Because of its singular importance, some commu-nities, such as the City of La Crosse, have devoteda full chapter to cultural resources. Again, eachcommunity will have to decide that for itself.

Historic Preservation Commission’s Rolein Comprehensive Planning

Wisconsin has over 160 historic preservationcommissions. Each commission, established underlocal ordinance, should participate in its communi-ty’s comprehensive planning process. It shouldassume a lead role in developing the culturalresource section or component of the comprehen-sive plan based on its familiarity with the commu-nity’s cultural resources.

Larger cities, such as Milwaukee or Madison,have professional historic preservation plannerson staff that they can devote to this issue. Morethan 160 communities, mostly cities and villages,have historic preservation commissions that acommunity could designate to take the lead inoverseeing this section of the comprehensive plan.In other cases, the local plan commission may takethe lead in developing the comprehensive planwith other groups acting as subcommittees, a rolethe historic preservation commission mightassume. In all cases, community members andgroups with a significant interest or experience inhistoric preservation, such as local historians andrestoration contractors, should be included in theplanning process.

If possible, a local historic preservation com-mission should contribute in drafting the eightother plan elements to ensure that they each incor-porate concerns for the protection and effectiveuse of the community’s cultural resources.

At the outset of the planning process, the his-toric preservation commission and historic preser-vationists in general, should participate in defin-ing the scope of the comprehensive plan.Particular attention should be paid when theIssues and Opportunities element of the compre-hensive plan is developed. Not all nine elementsreceive equal emphasis in every plan; emphaseswill vary, as will the issues, among communities.Those selected elements that need the most workby consultants, municipal planners and interestedcitizens will depend on the nature of the commu-nity and its priorities.

Chapter 2: The Cultural Resource Plan Development Process

An Important Recommendations for Historic Preservation Commissions

The historic preservation commissionshould remain involved throughout theentire planning process by either placinga representative on the planning commit-tee, having a member attend as manymeetings as possible, or both. The com-mission should be sure to maintain itsrepresentation on the planning commit-tee thoughout the entire process. Thedevelopment of the ImplementationElement, which usually comes towardsthe end of the planning process, shouldinclude the plan’s final recommendations.The Implementation Element will alsoinclude how these final recommendationswill be accomplished and who will beresponsible for accomplishing them. TheImplementation Element is likely to formthe basis for the community’s work plan.The historic preservation commissionshould seek to have its role clearly delineated in this part of the plan.

The Cultural Resource Plan Development Process

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Step-by-Step Guide for Developing theCultural Resource Plan

A useful model that a community can follow isin Guide to Community Planning in Wisconsin.The full text can be found on the web atwww.lic.wisc.edu/shapingdane/resources/planning/library/book/other/title. It has been adapted and sum-marized below.

Step 1: Organize the Historic Preservation Team

Participation from many community sectorswill yield more ideas and a fuller vision.Participation also increases the community’s will-ingness to accept the pan’s ultimate recommenda-tions. To be most effective, the team should bemanageable in size. While broad representation isimportant and there are other critical characteris-tics for team members. Members need to beknowledgeable about either historic preservationor a community’s history. Members might comefrom key community groups such as a historicpreservation commission, local historical society,Native American groups or a community’s MainStreet program. In addition, team members shouldbe able to commit the time to prepare for andattend meetings, be able to work effectively withothers, have a successful track record of complet-ing work and have a broad network of communitycontacts. Even if the planning team is broadly rep-resentative, it should seek ways to include diverseperspectives and input from the general public.The balance of views from those not directly repre-sented on the team can be included through focusgroups, special listening sessions, interviews orwritten testimony.

The planning team should first set up opera-tion ground rules for meetings. Who will chairmeetings? Who will keep minutes and otherrecords? Who will send out meeting notices?When will meetings be held? What is the time linefor the planning process? Where will meetingsoccur? Is there a budget to support the effort? Ifthere is a budget, how much is it, who will controlit and are there limitations as to how it may bespent? Will more money be needed? If so what arethe possible sources?

The team should then clarify its purpose andidentify the convening authority. The planningteam may be the same group of individualscharged with preparing the entire comprehensiveplan, a community’s historic preservation commis-sion or a separate group of individuals. Thesespecifics will vary in each community.

To begin, invite team members to share witheach other what they already know about the com-munity’s cultural resources and their views as toproblem areas. Everyone may agree on the prob-lems or there may be several points of view. It isimportant that the subsequent planning processaccommodate the perspectives of team membersto establish their stake in the process and so thatthe process taps the team members’ energy andexperience.

Step 2: Visioning

Early in the planning process the team shouldinvestigate the concerns and values the communi-ty holds about its historic and cultural resources.This can reveal sensitive issues and highlight areasthat enjoy a high level of interest and support.Sharing values and concerns builds enthusiasmand commitment to the planning process.Discussion should be non-judgmental and open toexpressions of diverse and contradictory view-points. The process of collecting this information isoften called visioning.

The Village of Lodi presents an importantexample for a medium-sized community. Lodi’sVision 2025 states the following overarching goal:

In 2025, Lodi is a community that linksthe future with the past by recognizing theimportance of history in growth and develop-ment. The center of our small town is a pedes-trian-friendly main street that celebrates his-torical architecture, while our waterways andsurrounding vistas nourish the health andbeauty of the valley.

Step 3: Taking Stock

What information is available about culturalresources in the community? Check existingrecords, particularly those at the WisconsinHistorical Society, the local historical society, thecommunity’s planning department or historicpreservation commission, local college or universi-ty, local history section of the library, or similarplaces where records are available.

After collecting the existing information, thenext step is to evaluate its thoroughness and accu-racy. Once reviewed, ask the group if they recom-mend an additional survey of cultural resources.If so, identify the cultural resource survey that thecommunity should undertake (thematic, update ofprevious dated survey, geographically specific,rural, etc.). Chapter 4: The Cultural ResourceSurvey is devoted to the process of undertaking acultural resource survey since that is an early and

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critical phase in developing an ongoing historicpreservation program.

Step 4: Setting Goals

Once the team has reviewed the existing infor-mation, it should assess how well the existing pro-grams meet the community’s need to preserve sig-nificant historic and cultural resources. At thisstage, the committee should evaluate how well thecommunity’s resources are being preserved andprotected. Questions might include: How manyhistoric buildings have been lost to demolition andwhy? Would the community benefit from having ahistoric preservation ordinance requiring publicreview of demolitions and alterations to significanthistoric resources?

The analysis section is important because itidentifies the issues that the cultural resources sec-tion of the comprehensive will need to address. Aformal analysis can also help set community-widepriorities. The results of the planning team’s analy-sis should be included in the Issues andOpportunities section of the comprehensive plan.

The cultural resource section should be long-range in scope. In Wisconsin, comprehensive plansand each of their elements are intended to looktwenty years into the future and must be updatedat least every ten years. There is no boilerplatestandard for how the section must look. What isnecessary is that the final product states the com-munity’s goals and the specific means needed toachieve those goals.

Goals are statements of desired outcomes orachievements. They should be stated specificallyso that future measurements can determinewhether progress has been made. It may takeextensive discussion to reach consensus on whichare the most important historic preservation goals.Agreement will come through discussion, negotia-tion and compromise. It is important that formula-tion of the team’s goals not be left to a small circleof individuals but draw from a broad range ofcommunity groups and interests. The vision state-ment developed earlier may be a good source ofgoals, or provide a common starting point,because it represents community-wide input.

Step 5: Strategy Formation

Strategies are specific actions proposed toachieve goals. A good strategy statement includesnot only the action to be taken but also who will beresponsible for initiating the action and what thetime frame is for taking the action. Strategy forma-tion is part creativity and part research.

Step 6: Implementation

After development of the historic preservationobjectives, policies and goals, communities mustnext think about implementation. The comprehen-sive plan’s implementation element requires thatthe local community develop strategies to carryout the plan’s goals and policies.

Wisconsin Statute 66.1001(2)(i) specificallyrequires that the implementation element include:

A compilation of programs and specificactions to be completed in stated sequence,including proposed changes to any applicablezoning ordinances, official maps, sign regula-tions, erosion and storm water control ordi-nances, historic preservation ordinances, siteplan regulations, design review ordinances,building codes, mechanical codes, housingcodes, sanitary codes or subdivision ordi-nances, to implement the objectives, policies,plans and programs contained in pars (a) to (h)

The implementation element also requires thateach element of the plan be integrated and madeconsistent with the other element. For example,implementing the goals and policies of the cultur-al resource section need to correspond to actionsundertaken in other plan elements such as landuse, economic development and community facil-ities. The programs and actions which a communi-ty undertakes to implement the cultural resourcesection can be included as part of the housing ele-ment and restated in the implementation element.This approach might make it easier to integrate thevarious elements of the comprehensive plan.

The goals and policies set forth in the culturalresource section may affect other elements andvice versa. Therefore, it is important that they allbe consistent and mutually supportive.

Step 7: Evaluation and Updates

Finally the law requires that the implementa-tion element “include a mechanism to measure the localgovernmental unit’s progress toward achieving allaspects of the comprehensive plan.” To accomplish this,the community needs to establish a process to meas-ure its progress in carrying out the goals, policiesand strategies of the cultural resource section in thecontext of the entire comprehensive plan. The com-mittee may submit periodic progress reports to the-governing body that are shared with communityresidents. Progress can be measured through anumber of criteria that a community can develop.

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Introduction

T here are ten steps that each cultural resourcesection can follow. The Wisconsin HistoricalSociety offers these as one possible outline

for the cultural resources section of your plan.

1. State the community’s goals and objectives for cultural resource preservation;

2. Define the community's historic character;

3. Summarize past efforts to preserve that community’s historic character;

4. Survey the community’s historic and archaeological resources to create a comprehensive and up-to-date resource list of or a statement identifying future survey needs;

5. Explain the legal basis for the protec-tion of cultural resources;

6. Discuss the relationship between cultur-al resources and other local land-use laws and growth management tools;

7. State the public sector's responsibility towards publicly-owned cultural resources;

8. Describe incentives that are or can be available to assist in developing the community's cultural resource preserva-tion plan ;

9. Identify the relationship between cultural resources, the community's educational system and program goals; and

10. Develop an action plan that sets a timetable to accomplish the goals and objectives identified in the plan.

Each of these issues is described in more detailbelow:

1. State the community’s goals and objec-tives for cultural resource preservation;

Community goals and objectives are the back-bone of the cultural resource section. They provide

direction to the community and help prioritizevarious aspects of the plan. The goal statementoutlines the community work program in the areaof preservation. This is a statement of philosophythat guides the other provisions of the culturalresource section.

2. Define the community's historic character;

The definition of historic character is an essen-tial part of the cultural resource section, because itdescribes the community’s unique character. Asthe character of a community changes over time,this description will provide context and continu-ity when the cultural resource section is updatedor amended.

Communities can approach defining theircharacter in a number of ways. For some, a simplesummary of its history may suffice. Others may gofurther and identify why their community’s her-itage is different from neighboring communities.A community that has completed a comprehensivecultural resource survey should list and map theknown cultural resources within the community.This approach may also be suitable for smallercommunities with few historic resources.

3. Summarize past efforts to preserve that community’s historic character;

A concise and accurate summary of the histo-ry of the community’s preservation efforts is a crit-ical aspect of the cultural resource section. Thiswill provide a historic context for future preserva-tion efforts.

Business, government and preservation lead-ership changes over time. Future leaders need arecord of how a community’s preservation pro-gram evolved. Many preservation controversiesresult in carefully crafted compromises and trade-offs between preservationists, developers, proper-ty-owner and local government leaders. such com-promises are tacitly understood when they aremade, but never formally adopted in writing. Thecultural resource section can serve as the publicrecord on such matters

Preservation issues recur time and again incommunities with significant historic resources.These include owner consent to designation, pro-tection of districts versus individual landmarks,

Chapter 3: Model Outline for the Cultural Resource Section1

1. This chapter is taken from Chapter 2 of Planning Advisory Service Report No. 450, Preparing a Historic Preservation Plan, by BradWhite and Richard Roddewig (Chicago: American Planning Association, March 1994)

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review of alteration or demolition and the han-dling of cases of economic hardship. If a communi-ty has addressed these issues and settled upon anacceptable way of handling them, there is usuallyno need to address the issue again, unless circum-stances have significantly changed. The culturalresource section can provide guidance to futuregenerations on why the preservation program isstructured the way it is in a community.

4. Survey the community’s historic and archaeological resources to create a comprehensive and up-to-date resource list or a statement identifying future survey needs;

A community’s preservation program shouldinclude a designation process to ensure that allpotential historic resources and districts areincluded. This prevents singling out owners of his-toric structures for designation while owners withequally significant properties escape considera-tion. Courts may call that a violation of the funda-mental legal principles of “due process” and“equal protection of the law.” A comprehensivesurvey is the method for identifying and gatheringdata on a community’s cultural resources. (Formore information about surveying a communityplease see Chapter 4: The Cultural ResourceSurvey.)

5. Explain the legal basis for the protection of cultural resources;

The cultural resource section of the planshould reference the state statute that enables acommunity to pass an historic preservation ordi-nance to protect and promote historic resources.Listed below are the three laws that provide localgovernments the authority to establish a historicpreservation ordinance. Should a local communityeither have or want to have a historic preservationordinance then the law that applies should be ref-erenced in the community’s comprehensive plan.(For more detail please see sidebar on next page.)

6. Discuss the relationship between culturalresources and other local land-use laws and growth management tools, such as zoning ordinances; subdivision ordi-nances and open-space conservation programs;

Historic preservation ordinances should beconsistent with other land-use controls, such aszoning ordinances, subdivision regulations and

open-space conservation programs. These regula-tions impact on the preservation of culturalresources, and their administration should beappropriately coordinated. For example, zoningvariances or special-use applications granted inhistoric neighborhoods or districts can have a sig-nificant impact on historic character for propertiesadjacent to historic resources, specially in terms ofsetting. In a historic residential district where oneof the essential qualities is a streetscape of single-story cottages with uniform street setbacks, anapplication for a setback requirement variancemight mar the character of the district. A specialexception application to allow commercial use inone of the cottages might also change a historicdistrict’s general character. If local zoning pro-motes the auto-oriented suburban model (as manyordinances do) a failure to grant variances for his-toric properties (e.g. parking requirements) mayadversely impact the setting of historic properties.

The plan should also address the role playedby the historic preservation commission, in land-use, transportation and public works decisions.For example:

• Should the historic preservation commis-sion have clear authority to appear at hearings of the planning commission or zoning board of appeals to raise preserva-tion concerns affected by rezoning, special uses or variances?

• How will the historic preservation commis-sion get notice of these other hearings?

• How much time should he historic preser-vation commission is given to review the application prior to the hearing before the planning commission, zoning board of appeals, etc.?

• Should the decisions made by the historic preservation commission be advisory or mandatory for other commissions?

• Should all zoning and planning matters concerning or affecting historic resources, including rezoning, special uses, variances, planned unit development applications and subdivisions, or consolidations be reviewed by the historic preservation commission?

There are many ways to integrate land-usemanagement tools with historic preservation goalsand plans. The plan should provide the communi-ty with the opportunity to review other land-usedecisions from a preservation perspective to

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State Laws Enabling Local PreservationThe statutory provisions listed below establish the authority for local governments to pass a his-

toric preservation ordinance and to create a local landmarks or historic preservation commission.Should a local community have or want to enact a historic preservation ordinance then the applica-ble law should be referenced in the cultural resource section of the community’s comprehensive plan.Counties59.69 Planning and Zoning Authority (4) Extent of power.

For the purpose of promoting the public health, safety and general welfare the board mayby ordinance effective within the areas within such county outside the limits of incorporated villages and cities establish districts of such number, shape and area, and adopt such regulationsfor each such district as the board considers best suited to carry out the purposes of this sec-tion. The powers granted by this section shall be exercised through an ordinance which may,subject to sub. (4e), determine, establish, regulate and restrict:

(L) Places, structures or objects with a special character, historic interest, aesthetic interest or other significant value, historic landmarks and historic districts.

(m) Burial sites, as defined in s. 157.70 (1) (b).(4m) Historic preservation.

A county, as an exercise of its zoning and police powers for the purpose of promot-ing the health, safety and general welfare of the community and of the state, may regu-late by ordinance any place, structure or object with a special character, historic interest,aesthetic interest or other significant value, for the purpose of preserving the place, struc-ture or object and its significant characteristics. The county may create a landmarks com-mission to designate historic landmarks and establish historic districts. The county mayregulate all historic landmarks and all property within each historic district to preservethe historic landmarks and property within the district and the character of the district.

Towns60.64 Historic Preservation

The town board, in the exercise of its zoning and police powers for the purpose of promot-ing the health, safety and general welfare of the community and of the state, may regulate anyplace, structure or object with a special character, historic interest, aesthetic interest or othersignificant value for the purpose of preserving the place, structure or object and its significantcharacteristics. The town board may create a landmarks commission to designate historic land-marks and establish historic districts. The board may regulate all historic landmarks and all prop-erty within each historic district to preserve the historic landmarks and property within the dis-trict and the character of the district.Cities62.23 City Planning. (7)(em) Historic preservation.

A city, as an exercise of its zoning and police powers for the purpose of promoting thehealth, safety and general welfare of the community and of the state, may regulate by ordi-nance, or if a city contains any property that is listed on the national register of historic places in Wisconsin or the state register of historic places shall, not later than 1995, enact an ordinanceto regulate, any place, structure or object with a special character, historic, archaeological oraesthetic interest, or other significant value, for the purpose of preserving the place, structure orobject and its significant characteristics. A city may create a historic preservation commission todesignate historic or archaeological landmarks and establish historic districts. The city may regu-late, or if the city contains any property that is listed on the national register of historic places inWisconsin or the state register of historic places shall regulate, all historic or archaeological land-marks and all property within each historic district to preserve the historic or archaeologicallandmarks and property within the district and the character of the district.

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resolve potentially competing objectives. It is alsoimportant to review the other sections and ele-ments of the comprehensive plan to integrate pos-sible preservation concerns. (A discussion aboutthe integration of all the various elements of acomprehensive plan appears later in this chapter.)

7. State the public sector's responsibility towards publicly-owned cultural resources, such as public buildings, parks, mounds, etc., to ensure that public actions do not adversely affect historic resources;

Local governments often own many importantcultural resources in the community, such as a his-toric city hall, county courthouse, library, school orNative American burial mound group. In addition,local governments are responsible for many infra-structure improvements, including road repairand replacement, sewer upgrading, sidewalkimprovements, public transportation and streetlighting. Decisions regarding the maintenance anddisposition of publicly owned property and infra-structure improvements may have substantialimpacts on local cultural resources, especially ifthat property itself is historic. (Please see Chapter6: Legal Strategies for more information regardingstate statutes affecting publicly-owned culturalresources.)

In addition, a local unit government shouldrecognize and understand its role as a steward of asignificant cultural resource since it will serve as amodel for the rest of the community. A local gov-ernment will have limited success implementingthe objectives of its cultural resource section if itdoes not take an affirmative responsibility for cul-tural resources in its ownership.

8. Describe incentives that are or can be available to assist in developing the community's cultural resource preserva-tion plan;

A preservation program is not complete with-out identifying incentives that promote historicresource protection. There are many types ofincentives including: reduction or waiver of per-mit fees, issuance of low-interest loans, directloans or grants; tax incremental financing; andzoning regulation waivers. Here are a few reasonsto include local incentives in a preservation pro-gram.

• Incentives help to offset additional expendi-tures that may be necessary to comply with

a historic preservation ordinance. In some cases, higher costs may be incurred to meet specific design criteria for alterations.

• Rehabilitation of historic properties can be a catalyst for neighborhood revitalization and conservation. Carefully crafted incentives can be a spark for neighborhood revitalization.

Every incentive program should be tailored tofit the community’s preservation goals and objec-tives. While the cultural resource section of theplan will not actually create or implement theincentive, it should summarize how an incentiveprogram works and how to implement an actionplan. The implementation element of a plan canalso explain the pros and cons of incentive pro-grams and recommend improvements.

Zoning and building code incentives are notdirect subsidies. However, they can, have signifi-cant impact on the rehabilitation of historic struc-tures. Local communities should analyze zoning,parking and other land-use management tools fortheir effect on historic properties. Simpleallowances for the shifting or sale of density mayprovide enough incentives to owners of historicstructures to undertake rehabilitation. In addition,flexible application of use classifications, variancesand special use procedures for historic structuresmay make rehabilitation more competitive withnew construction.

No individual incentive can ensure the preser-vation of all historic resources. The best preserva-tion programs include a menu of incentives toexplain available incentives and how to use themas well as the promotion of new incentives.Flexibility is important. An incentive may help onekind of building but not another. In addition, theimplementation element of the plan should pro-vide for periodic review and analysis of incentivesto determine which ones property owners use andhow to improve underused incentives.

In selecting the right preservation incentives tobe included in a historic preservation program andthe cultural resource section, ask the followingquestions: What types of incentives do state orlocal laws allow? What existing incentive pro-grams could be extended to cultural resources?

9. Identify the relationship between cultural resources, the community's educational system and program goals;

Creating an educational program on culturalresource issues creates public interest in the valueof a community’s historic resources. The cultural

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resource section should include a list or outline of public events that tie these resources into adevelopment plan. The plan could highlightevents related to historic preservation, such as thenationally celebrated Historic Preservation andArchaeology Week held each May. Annual awardsprograms provide publicity through recognition ofappropriate rehabilitation, recognize individualpreservation efforts, garner good press relationsand provide opportunities to educate and informother residents about the benefits of historicpreservation. Educational programs that introducepreservation values and policies in the publicschools can also establish a strong communityfoundation for preservation efforts. (These andother ideas are discussed in more detail in Chapter5: Promotional and Educational Strategies.)

10. Develop an action plan that sets a timetable to accomplish the goals and objectives identified in the plan;

There are three reasons to include an actionplan for cultural resources as part of the plan.First, the action plan provides a specific agenda forimplementation of the plan’s goals and objectives.Second, the action plan sets priorities for planimplementation. Finally, the action plan allowslocal government, the historic preservation com-mission and others to periodically review theprogress made in meeting established goals,whether the goals and objectives need redefinition,or whether to reestablish priorities. An action planprovides a means to achieve perspective andgauge progress on accomplishments over time.

Introduction

A community-wide cultural resource surveyshould be an early step in developing a successful long-range historic preservation

plan or program. The community’s comprehen-sive plan, prepared and adopted by the communi-ty and its planners, should provide a basis for inte-grating cultural resource survey information withother planning data and should be an importantpart of the community’s comprehensive plan. Itcan help establish priorities for dealing with cul-tural resources within the larger framework ofexisting local planning programs and present spe-cific recommendations for meeting those priori-ties.

What is a Cultural Resource Survey?A cultural resource survey can be defined as

the process of identifying and gathering data on acommunity’s cultural resources, and can be eitherarchaeological or architectural in nature. Theunderlying reason for undertaking a culturalresource survey is the growing recognition, by cit-izens and government alike, that culturalresources have value and should be retained asfunctional parts of daily modern life.

A survey of this type involves collecting andorganizing historical data, including documents,photographs and information from many sources.It usually involves a research and a field compo-nent. The cultural resource survey usually resultsin a final survey report that catalogues a commu-nity’s cultural resources.

A cultural resource survey report shoulddefine the community’s historic character. Thefinal survey report helps make a communityaware of the value of preserving its past.Moreover, a survey report provides the informa-tion essential to plan for the wise use of the com-munity’s cultural resources. It should enable acommunity to identify what is most important topreserve and assist in the development of a long-range historic preservation program to guidefuture local decision-making.

What Kind of Cultural Resource Survey is Appropriate?

If a community has not fully surveyed itsresources within the past fifteen years, then a com-

munity should strongly consider this step as a pri-mary recommendation in the cultural resource sec-tion of the comprehensive plan. If a communityhas an up-to-date survey, then it is advisable tolook to the future and set a timetable for when itshould be updated.

Questions the community should ask to deter-mine if an update is appropriate:

• Has the community changed significantly since the time of the last survey?

• Are there important resources from the 1930s, 1940s and 1950s that were overlooked?

• Were important types of resources overlooked, such as industrial buildings, rural farmsteads or workers’ housing?

If any of these are true, then an updated sur-vey may be appropriate. To better understandwhat kind of survey may be appropriate for a com-munity, it may be advisable to consult with theDivision of Historic Preservation.

A good and thorough survey of culturalresources, both historic and prehistoric, enables acommunity to look at itself, take stock and deter-mine what makes it significant. The documenta-tion produced by a cultural resource survey (orsurveys) provides the community with completeand accurate information that can be used for avariety of educational, cultural, historical andcommunity purposes. A survey will enable a com-munity to build the foundation for a sustainablehistoric preservation program.

Depending on a community’s goals, a survey-or can gather enough detailed information, to helpdesignate properties as local landmarks or to nom-inate them to the State Register or NationalRegister of Historic Places. Alternatively, a survey-or can gather less data, supplying only enoughinformation for an accurate identification and loca-tion of a particular historic or ancient site. This is achoice that each community should consider aspart of its planning process.

If a community has already been surveyed, thecomprehensive plan should clearly indicate itscompletion and whether the survey needs to beupdated. If a cultural resource survey has not beenundertaken, then the community should considerif such a survey is warranted what kind of surveyis best and how that might best be financed andadministered.

Chapter 4: The Cultural Resource Survey

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Funding a SurveyTo fund a cultural resource survey, communi-

ties can approach various local, state, federal andprivate sources. Efforts should be made to obtainlocal private or public funds for at least a portionof the costs. They will undoubtedly encounter dif-ficulties if they go to an outside source, hat inhand, without any tangible indication of commu-nity support for a project. Many outside sources ofassistance require communities to acquire localmatching funds. A local fund-raising drive for sur-vey costs can generate public interest in a preser-vation program, and a survey generally costs lessthan a specific bricks-and-mortar preservationproject.

The local sources that a community mightapproach include the city or village government,especially its planning department, the regionalplanning commission, private public-interestgroups, individuals interested in local preserva-tion and local banks and businesses. Other federalfunding sources should also be explored. Forexample, the City of Wauwatosa funded a surveywith Community Development Block Grant funds.(Please see Chapter 7: Funding Sources for moreinfo on funding.)

Hiring a Cultural Resource SurveyorCommunities can retain a professional con-

sultant to do a cultural resource survey. La Crosse,Watertown and many other cities employed this

Wisconsin Archaeological and Historical Resource Database (WisARHD)

The Division of Historic Preservation of the Wisconsin Historical Society has custodial respon-sibility for maintaining records on the following:

• buildings and structures• human burial sites• land archaeological sites• underwater archaeological sites

These databases are managed in electronic form by the Division and updated on a regularbasis. This suite of databases is known as the Wisconsin Archaeological and Historical ResourceDatabase, or WisAHRD (pronounced Wizard), for short.

WisAHRD provides users with quick and easy access to up-to-date information. This comput-er application allows users to search the Division’s databases based on locational or contextualinformation or both, as well as view site records and dynamic maps of site locations. WisAHRDwill be accessible to qualified consultants, archaeologists, historians, planners and other profes-sionals on the Internet through licensed agreement with the Division.

A public terminal is available at the Division of Historic Preservation offices, located at 816State Street, Madison, Wisconsin, for the explicit use of WisAHRD. Use of this terminal is free,but a per page fee will be charged for printing. First time users must follow a short on-line tutorial and sign a user agreement. For further information about WisAHRD contact the Divisionat (608) 264-6500.

Community Surveys Document Local Heritage

Each year, several Wisconsin commu-nities and organizations use grant moneyfrom the Wisconsin Historical Society toconduct surveys. Each survey has its owndistinct purpose.

Recently, the city of Port Washingtondocumented information on historicbuildings within the city limits.

The Bay Lake Regional PlanningCommission surveyed the unincorporatedcrossroad communities of OcontoCounty.

The Department of Public Instructionsurveyed all the libraries in the State ofWisconsin.

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approach to survey local architecture.Professionals usually produce high quality andobjective work respected by officials, planners andthe community. At some point in the process, mostcommunity surveys that attempt to identify sitesof historical and architectural significance needprofessional assistance. The survey plan shouldprovide for professional assistance, from a histori-an, an architectural historian or an archaeologist,to help direct the survey and to evaluate its find-ings.

Once the survey plan has been determinedand the money for it obtained, a community groupcan approach the professionals it wishes to con-duct the survey. If the community prefers to hire aprivate firm to execute the project on a contractbasis, it should contact several to submit bids.Each firm should submit a cost estimate and infor-mation about previous projects that it has complet-ed and the expertise that it can provide. For exam-ple, if the project will involve historical research,the firms contacted should provide the credentialsof the qualified historians who plan to work on the project. (Please see www.wisconsinhistory.org/histbuild/grants/qualifications.htm on the Society’sWeb site for more information about the Secretaryof the Interior’s Professional Qualification Standards.)

Communities can often obtain non-financialassistance from preservation faculty and studentsat the state’s universities. Both the University ofWisconsin–Madison and the University ofWisconsin–Milwaukee, for example, havearranged for students to participate in communityplanning as a part of graduate-level course work.Such arrangements can include a cultural resourcesurvey.

Graduate students can also do fieldwork withprofessional supervision. Graduate students par-ticipated in the initial surveys of Evansville,Algoma and Ashland. This method can produceexcellent results and requires less professionaltime than training volunteers. However, the quali-ty of the results varies with the expertise of the stu-dents and if the students must travel any distanceto do the work, it can only be accomplished duringthe summer months. Nevertheless, the relativelylow cost of the operation may offset some of thedrawbacks.

Volunteers under professional guidance canperform survey fieldwork. This method requiresconsiderable professional time to train and organ-ize the volunteers. However, using volunteers isinexpensive and helps to encourage communityinvolvement in the project.

Evaluating Cultural ResourcesNot all surveyed cultural resources will have

the same level of significance. Some may possesshistoric value on the national or state level, whileothers may have local significance. Have thosefamiliar with the survey results evaluate surveyedsites with assistance from professionals in archae-ology, history or architectural history, dependingon the resource. In communities with historicpreservation commissions, the commission mem-bers may evaluate survey results pertaining tolocal historic sites. To maintain consistency it iscritical that a cultural resource survey use recog-nized published criteria—such as those for theState and National Register—to evaluate a proper-ty’s significance. The criteria should addressarchaeological, historical and architectural signifi-cance.

Ask surveyors to evaluate potential historicdistricts for possible inclusion in the State orNational Register. Local governments will needenough information on historic structures to esti-mate the effect of proposed projects, to make long-range plans and to administer historic districts.

Archaeological SurveysIn the past, community groups interested in

preservation have rarely undertaken archaeologi-cal surveys. However, given Wisconsin’s newlyenacted comprehensive planning legislation, aswell as increased public awareness, there is grow-ing interest in the identification and protection ofarchaeological sites.

People have lived in Wisconsin for at least12,000 years, and the information we have formuch of this past comes from the archaeologicalrecord. An archaeological site is any place of pasthuman activity, from mammoth kill sites, to NativeAmerican mounds, to abandoned early twentiethcentury logging camps and farmsteads to burialsites. Currently, the Archaeological Sites Inventory(ASI), maintained by the Division of HistoricPreservation, contains records on approximately30,000 sites.

Given the nature of most archaeological sites,archaeological survey work is considerably differ-ent than for buildings, and should always be doneby a professional archaeologist. The process ofidentifying archaeological sites shares at least onestep with building surveys. Begin by checkingrecords at the Division of Historic Preservation.The Office of State Archaeologist (OSA) at the

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Division of Historic Preservation maintains inven-tories of previously reported archaeological andburial sites and, of equal importance. OSA alsomaintain records of what lands have already beensurveyed by archaeologists. By collecting thisinformation, communities can learn what isalready known about their area and avoid a dupli-cation of work. It is particularly important to knowthe locations of burial sites, including NativeAmerican mounds, because burial sites are pro-tected from disturbance under state law s.157.70.

Archaeological field surveys are labor inten-sive. Although some types of archaeological sites,like Native American mounds, are readily appar-ent, typically, archaeological sites are buried and“invisible.” Finding most sites requires the carefulexamination of exposed ground, or a program ofsystematic subsurface testing. Only trainedarchaeologists or students or avocational archaeol-ogists under professional supervision, should con-duct archaeological surveys. Amateurs, althoughwell intentioned, may unwittiingly destroy ordamage fragile archaeological resources. Pickingup arrowheads, or worse, digging into sites, candestroy critical evidence needed by archaeologiststo understand the past. These activities are illegalunder state and federal law on public land.

If a community or group decides to undertakean archaeological survey, contact the Division ofHistoric Preservation and ask for a list of archaeo-logical consultants. As noted, a professional archae-ologist can more readily evaluate the information onthe known sites and will also be able to recommendwhere additional survey work might best beundertaken.

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PART II: IMPLEMENTATION

The following chapters provide informationfor different types of strategies. Theseinclude:

• Educational and Promotional Strategies• Legal Strategies • Funding Sources

Each of these chapters provides a menu ofpossibilities for a community to choose from to devise their own grassroots approach indeveloping a cultural resource preservationprogram.

Stoughton Walking Tours Brochures

The City of Stoughton has been a Certified Local Government since 1988. As a result they were eligible to receive aseries of grants from the WisconsinHistorical Society to list many of their historic districts on the State and NationalRegister of Historic Places, and to developand print a series of walking tour bro-chures. Each brochure covers a differenthistoric district.

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Introduction

A n effective local preservation programshould include a promotional and educa-tional component. This chapter describes a

number of educational and promotional activitiesthat were used successfully in Wisconsin.

Promotional and educational activitiesincrease the public’s awareness and can make acritical difference in the effectiveness of a historicpreservation effort. Historic preservation commis-sions, local historical societies and private preser-vation organizations all over Wisconsin have usedvarious media to educate their members and thepublic. The campaigns described in this sectiontargeted the general public and specific audiencesto encourage support for historic preservationprojects.

In most cases, local government officials andthose individuals who develop a community’scomprehensive plan are the best audiences to tar-get. The first step is to develop activities toacquaint them with a community’s most signifi-cant and its threatened historic resources. A long-term educational program will include this infor-mation and should be a component in a communi-ty’s comprehensive plan.

The continuing educational program will helpgarner public and political support for applyingordinances and other legal tools to encourage his-toric preservation. It is important to note that com-munities that are Certified Local Governments(please see sidebar) are eligible for funding fromthe Wisconsin Historical Society to finance manyof the programs and activities mentioned below.Following are some of the programs to consider.

Walking ToursA walking tour that highlights significant local

architecture combined with interesting local histo-ry will provide an overview of the ever-changingdynamic of a community. Walking tours bring his-tory and style together in unique and unexpectedways. Walking tours can serve as educationaltools, as well as an excellent means of fundraising.Many preservation groups sponsor an annualwalking tour to provide regular funding forpreservation projects.

Walking tours can be an “eye-opener” to acommunity’s local history, significant people fromthe past, architects and architectural styles.

Important smaller groups, such as a commoncouncil, town board or comprehensive planningteam can be targeted for a special tour as a way ofintroducing them to the significance of the com-munity’s cultural resources and the value of pre-serving history.

Workshops Historic preservation commissions and other

preservation groups regularly sponsor programsfor the public. The Wausau Historical Societyrecently gathered about forty realtors for a pro-gram on architectural styles. The Madison Trust

Chapter 5: Promotional and Educational Strategies

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for Historic Preservation has conducted severalworkshops on the historic preservation tax creditsfor historic owner-occupied homes.

Hands-on Archaeology Hands-on archaeology is involving the gener-

al public in an actual archaeological excavationalongside professional archaeologists. Thisapproach introduces the public to professionalarchaeological practices, and uses their volunteerlabor to conduct archaeological investigation.Introducing the uninitiated to the mysterious anddistant process of archaeology makes this sciencetangible and brings history alive to broaden com-munity support for protecting archaeologicalresources. A good source for information onarchaeology is the Division of Historic Preser-vation in Madison. In addition, the WisconsinArchaeological Society, headquartered in Milwau-kee, has a list of monthly lectures on its web site atwww.uwm.edu/Org/WAS/.

Wisconsin’s Historical Markers ProgramAnother way to inform residents and visitors

about historic resources is through historical mark-ers. For almost fifty years, Wisconsin’s Historical

Markers program has been interpreting bothimportant small incidents and monumental eventsthat form the state’s multi-layered past. Whethera marker commemorates Wisconsin’s involvementin World War II or celebrates local “inventions”such as the ice cream sundae, the markers pro-gram honors Wisconsin’s significant historicalevents. Placed on the very site where significantevents occurred, markers evoke an immediacy ofthe past that no history book could ever provide.

The Society's Division of Historic Preservationadministers the Wisconsin Historical MarkersProgram. Applications are required for all officialState of Wisconsin historical markers and plaques.Marker applications are available at available atwww.wisconsinhistory.org/histbuild/markers/apply.

Establishing a Local Plaque Program Local plaque programs provide one of the

most effective and least expensive ways of “bring-ing history to the streets,” identifying local land-marks and recognizing their owners. A plaqueprogram, organized and administered by a localhistoric preservation commission, promotes locallandmarks. Such plaques serve as an incentive forlocal landmark designation and serve as a way for

Hands-On Archaeology

Working with a grant from the Wisconsin Sesquicentennial Commission archaeological exca-vations were undertaken at Wisconsin’s First Capital, Old Belmont. Archaeologists from theOffice of the State Archaeologist worked with volunteers to gather important data on the lives of these earlyWisconsin pioneers,information that wasnot available fromany other source andsignificantly changedpeople’s view of thisperiod in history.The informationgathered alsoformed the basis for a Historic SiteManagement Plan.

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the community to recognize the owners for bear-ing the responsibility for preserving their propertyin a way that benefits the whole community.Developing a plaque program is also an adminis-tratively simple, cost-effective approach to increas-ing the commission’s visibility within the commu-nity. Besides enhancing the educational goals ofthe commission, it also facilitates the meeting ofother municipal objectives such as communityrehabilitation and heritage tourism.

For more information please see TechnicalLeaflet no. 168, “Establishing a Plaque Program:Bringing Local History to the Community,” byRichard Bamberger and published by the AmericanAssociation of State and Local History. Copies areavailable from the AASLH, 1717 Church Street,Nashville, Tennessee 37203-2991, (615) 327-9013.

The pamphlet is also available on the webat http://erielandmark.com/program.html.

Historic Preservation andArchaeology Week

A great way to educate a communi-ty about the value of its culturalresources, what they are and what theymean, and how to preserve them is toparticipate in Historic Preservation andArchaeology Week, a statewide celebra-tion to showcase grassroots preserva-tion activities. Early in May, many localand regional events are planned to pro-mote historic places to instill communi-ty pride, promote heritage tourism andpublicize the social and economic bene-fits of historic preservation.

Wisconsin’s Historic Preservationand Archaeology Week offers limitlesspossibilities for celebrating a communi-ty’s historic landmarks. It also gives youa structure for activities that willincrease an organization’s visibility toits membership, constituents, or thecommunity at large. A community mayalready sponsor a regular event thattakes place in May, such as an annualawards presentation, a historic markeror plaque dedication or possibly a walk-ing tour of a historic neighborhood.These annual events can be incorporat-ed into an overall Historic Preservationand Archaeology Week celebration in acommunity, or stand alone as a commu-nity’s activity. Events can be listed in the

Society’s comprehensive Historic Preservation andArchaeology Week calendar and on the Society’swebsite.

Wisconsin’s Main Street ProgramThe Main Street Program is a comprehensive

revitalization program designed to promote thehistoric and economic redevelopment of tradition-al business districts in Wisconsin. The WisconsinMain Street Program was established in 1987 toencourage and support the revitalization of down-towns in Wisconsin communities. Each year, theDepartment of Commerce selects communities tojoin the program. These communities receive tech-nical support and training needed to restore theirMain Streets to centers of community activity andcommerce.

Wisconsin’s Historical Markers Program

During the presidential campaign of 1856,Frederick Douglass made an appearance in BeaverDam on October 20 to address a Dodge County audience. During the afternoon, Douglass spoke to a crowd of more than 1000 from a lot just to the eastof the former Clark House. That evening he spokeagain to an overflow crowd at the Kilbourne House.In a commemorative ceremony on February 8, 2001,the State of Wisconsin, Dodge County, and the Cityof Beaver Dam erected a state marker in honor of aformer slave and one of the nation’s great abolitionistorators. From left to right: George Salter, Mayor ofBeaver Dam Tom Olson, Kevin Dier-Zimmel, ThomNeumann, State Representative Jeff Fitzgerald, StateRepresentative Leon Young, DeJustice Coleman, StateRepresentative Johnnie Morris-Tatum, and behind herAlder Terry Capelle, Alder Bill Snell, Alder Al Schwantz,and on the far right State Representative Spencer G.Coggs.

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The results in Wisconsin have been impres-sive. Wisconsin Main Street Programs havebrought significant numbers of new businessesand jobs to their respective downtowns. Facadeimprovements and building rehabilitation projectshave upgraded the image of Main Street in manycommunities. Promotional activities bring thecommunity together in a positive way and show-case the economic benefits of preservation.

The value of Wisconsin Main Street Program’s

technical assistance to a community in its first fiveyears of participation is approximately $135,000.The Wisconsin Main Street Program, the NationalMain Street Center and private consultants spendmore than eighty staff days in each new communi-ty during the start-up phase. After the start-upphase, the state continues to provide quarterly vol-unteer and director training sessions, design assis-tance, business consultations and town-specifictechnical assistance.

Suggestions for Wisconsin’s Historic Preservation and Archaeology Week

AwardsSponsor an awards program to honor outstanding historic preservation efforts in a commu-

nity. Invite the media and local officials to attend the awards ceremony.

Walking tourCreate a self-guided walking tour brochure for residents and visitors of a community’s

favorite historic district.

Historic building owner workshopsSponsor a “how to” workshop on rehabilitating older properties. Team up with local and

state preservation experts for training and hands-on techniques.

Fund-raisingKick off a fund-raising project to benefit a community’s favorite historic preservation project.

Historic marker & plaque dedicationSponsor a dedication ceremony for a new historic marker or plaque.

Progressive dinner partyPlan a progressive buffet dinner party in historic homes or in appropriate historic sites in a

community. A progressive dinner party can combine with a historic tour by having a differentcourse of a meal in a separate historic location. Arrange for each host and hostess to offer a dif-ferent course. To cover costs, sell tickets through civic clubs, in markets and local shops.

A night in a historic theatreSponsor vintage films in a local historic theater as a fund-raiser or to highlight the beauty of

a rare, historic opera house interior.

Pass a historic preservation resolutionContact a local government official to sponsor a historic preservation resolution to be

adopted by the town or village board or common council. For examples, check the NationalTrust for Historic Preservation website (www.nthp.org) or call the Wisconsin Hisotircal Society at(608) 264-6493.

House genealogyKnowing the history of a particular building can give local residents with a strong apprecia-

tion for their neighborhood. Organize a workshop to teach people how to research a building’shistory through available documents and research materials.

Write an op-ed piece“Op-Ed” is a newspaper’s abbreviation for “opposite the editorial page,” and it is fast

becoming a standard feature of newspapers. The page usually carries columns, letters to theeditor, cartoons and locally written opinion articles. Check with the page’s editor several weeksin advance about writing an article.”

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Together, Wisconsin Main Street communitieshave affected the heart and soul of our communi-ties—the downtowns. A significant number of newjobs have been created; many new businesses havebeen attracted; and millions of dollars have beenprivately invested in the communities.

For more information regarding Wisconsin’sMain Street program go to www.commerce.state.wi.us/CD/CD-bdd-overview or contact theBureau of Downtown Development, Division ofCommunity Development, 201 West WashingtonAve., P. O. Box 7970, Madison, WI 53707, (608) 266-7531.

Design Guidelines Design review creates good streets and good

communities, protecting important symbols andensuring that new development fits in. Designguidelines, when attractively prepared, can be animportant tool not only in the operation of a his-toric preservation commission’s efforts to protectdesignated historic properties, but for the educa-tion of the community at large about the appropri-ate treatment of historic properties. Design guide-lines specifically show what will help maintainand what factors damage the character and fabricof historic buildings.

Design guidelines are generally prepared to:

• Provide an overview of the architectural styles and types of buildings found in the district or community.

• Preserve the general integrity of the his-toric architectural features of buildings andof a historic district as a whole.

• Guide new development that respects and enhances the existing character of the area, particularly as it pertains to encouraging “compatible infill.”

For areas protected by historic preservationordinances, general design guidelines serve tworoles: first, they guide property owners in a his-toric district in planning exterior changes to theirproperties and second, they assist historic preser-vation commissions in reviewing the appropriate-ness of all proposed changes throughout the dis-trict. These guidelines ensure that historic preser-vation commission decisions are consistent andhave a clear basis, giving the commission’s deci-sions political and legal credibility.

For “compatible in-fill” projects that constitutemost new developments in historic districts, gooddesign cannot be judged solely in terms of the indi-vidual building on its site, but must be consideredin the context of its surroundings. A new buildingshould fit within the context of its immediateneighbors and the street on which it is located.Therefore, compatible infill design guidelines areintended to direct designers and project reviewers

Celebrating Stoughton City Hall

This picture was taken May, 1991 tocelebrate Historic Preservation andArchaeology Week and was meant todemonstrate how much the communitycherished this unique historic resource.This photo was featured in a widely dis-tributed Historic Preservation andArchaeology Week poster.

Built in 1901, Stoughton’s City Hallwas designed by the Beloit-based archi-tect Frank H. Kemp and is an imposingRomanesque Revival multi-purpose civicstructure. Besides the city’s offices, thebuilding also housed the city’s first libraryand opera house.

After World War II the building suf-fered from a severe lack of maintenanceand the auditorium was closed. Aftermany years of hard work by a band ofdedicated volunteers, a grand re-dedica-tion ceremony was held in 2001 to markthe building’s centennial and successfulrestoration.

Stoughton City Hall, Library and Auditorium

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to look closely at local conditions and producenew buildings that enhance rather than detractfrom their surroundings.

Design guidelines are usually graphic in format,showing what is appropriate or inappropriate indrawings and photos. Some communities, such asMilwaukee, have very elaborate ones; others such asJefferson, Janesville, Wauwatosa have very simplebooklets. Some communities just use the Secretary of the Interior’s Standards for Rehabilitation(www2.cr.nps.gov/tps/tax/rehabstandards.htm).

To develop its design guidelines, the City of

Milwaukee’s Design Guidelines

The City of Milwaukee has prepared a series of handsomely illustrated design guidelines:one for commercial properties, one for residential structures and a third for locally designatedlandmarks. Copies can be ordered for $15.00 a copy by contacting:

Historic Preservation OfficeDepartment of City DevelopmentP.O. Box 324Milwaukee, WI 53201(414) 286-5705

Madison usually convenes a task force from eachhistoric district. The task force usually consists ofhistoric preservation commission members, prop-erty owners and city staff to prepare writtenguidelines in narrative form describing what willand will not be permitted in the district.

Every year, more of Wisconsin’s historicpreservation commissions use design guidelines toillustrate what is appropriate rehabilitation workon historic buildings. This helps ensure the preser-vation and integrity of historic architectural fea-tures.

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Chapter 6: Legal Strategies

Introduction

T here are many different legal tools that com-munities can employ to help protect historicand archaeological resources. Any of the fol-

lowing may be used to strengthen a community’spreservation effort or program. The culturalresource section of a comprehensive plan shouldstate which of these legal tools a community reliesupon. Alternatively it should recommend which ofthese strategies would best advance the local his-toric preservation effort.

State Register and National Register of Historic Places

The State Register and National Register ofHistoric Places programs are important tools foridentifying historic properties worthy of preserva-tion through public planning efforts and for edu-cating communities about the significance of theirhistoric and archaeological resources.

The State Register and National Register ofHistoric Places are designations recognizing thearchitectural, engineering, archaeological, culturalor historic importance of a property to its commu-nity, the state or the nation. The National Registerof Historic Places was established by the NationalHistoric Preservation Act of 1966. It is the officiallisting of the nation’s cultural resources worthy ofpreservation. Established in 1989, Wisconsin’sState Register of Historic Places is the state coun-terpart. The lists include districts, buildings, sites,structures and objects.

A resource listed in the State Register orNational Register must meet one of four estab-lished criteria. Properties listed under Criterion Aare associated with events that have made a signif-icant contribution to the broad patterns of nation-al, state or local history. Criterion B includes prop-erties associated with the lives of persons signifi-cant in our past. Criterion C recognizes propertiesof architectural, engineering or artistic merit.Criterion D deals primarily with properties ofarchaeological significance; this criterion recog-nizes properties that have yielded, or are likely toyield, information important in history or prehis-tory. In addition to the above criteria, listed prop-erties should be at least 50 years old and shouldnot have been significantly altered. Properties list-ed in the registers are properties that local, state

and federal governments should make efforts topreserve in their planning and project develop-ment efforts.

Any person may nominate a property to theState Register and National Register by submittinga completed and documented nomination to theDivision of Historic Preservation at the WisconsinHistorical Society. However, because of the techni-cal complexity and the strict requirements of theNational Register form and submission, the divi-sion recommends that a qualified consultant behired to complete the application. The preliminarypotential eligibility of properties is usually deter-mined through cultural resource surveys or by aNational Register questionnaire submitted to theDivision of Historic Preservation by the propertyowners or by an interested party (Please seeAppendix E).

After a technical review, the nomination isscheduled for review at a quarterly meeting of theState Historic Preservation Review Board, a 15-member board appointed by the governor. On theday of the meeting, the Review Board votes toplace the property in the State Register and willrecommend to the National Park Service that it beplaced in the National Register. After approval bythe National Park Service, the property will be list-ed in the National Register. The process may takea year from the time of submission to the actuallisting because of the various required reviews.The information gathered during the listingprocess can be used in public education programs,and the listing itself is an important way of high-lighting the importance of the property to the com-munity.

National Historic LandmarksNational Historic Landmark status is the high-

est level of national designation. NHLs are proper-ties of exceptional value to the nation as a whole.They must retain a high degree of architecturaland historic integrity to be eligible. The purpose ofthe National Historic Landmarks Program is toidentify and designate these properties and toencourage their long-range preservation. At pres-ent, the nomination process includes completionof a different form and additional submissionrequirements. Nomination preparers should con-sult the Division of Historic Preservation and theNational Park Service before proceeding with a

National Historic Landmark nomination. (Pleasesee the sidebar about Ten Chimneys for an exam-ple of a National Historic Landmark.).

Cataloging Burial SitesPeople and communities value burial sites for

many reasons, from spiritual to historical. Notonly are they the resting-places of our ancestors,they can also be home to an abundance ofgenealogical information and local history.Wisconsin’s burial law, Wisconsin Statute 157.70,prohibits unauthorized disturbances to theseimportant sites, from platted cemeteries to NativeAmerican mounds to abandoned family burials.Once a Native American mound group or any

Ten Chimneys Estate

Ten Chimneys is a living monument to theater and the arts. Almost all of the historic fur-nishings, hand-painted murals, enchantingly personal décor, tender mementos, and diverse col-lections are intact and unchanged since the Lunts first assembled them. Their beloved Wisconsinestate is a historicproperty uniqueamong our nationaltreasures. Nestled inthe Wisconsin country-side, the estateincludes 60 acres ofbeautiful kettlemoraine, the elegantthree-story 18-roommain house, a quaint8-room country cot-tage, an 18th centurySwedish log cabin, aunique pool and poolhouse, a creamery, agreenhouse, as well asseveral barns, stablesand other outbuild-ings.

For decades, theLunts idyllic retreatbeguiled and inspiredthe country’s finest actors, writers, designers, directors and artists. Ten Chimneys is overflowingwith memories of these friends: notes from Laurence Olivier, snapshots of the Lunts with theQueen Mother and Charlie Chaplin, mementoes from Helen Hayes and Noel Coward, inscribedfirst edition books from Edna Ferber and Alexander Woolcott, and remembrances from dozensof other intimates and luminaries. The estate was designated a National Historic Landmark in2003.

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marked or unmarked burial area is formally cata-logued as a burial site under s.157.70, that area isexempt from property taxes. This makes the prop-erty tax treatment of all human burial sites equal tothe property tax treatment given to operatingcemeteries. (For more information, please go towww.wisconsinhistory.org/histbuild/burialsites).

To catalog a burial site, the Burial SitesPreservation Office must file a legal description ofthe site with the county Register of Deeds.Sometimes this work requires hiring a registeredland surveyor to survey the area of the burial site,as in the case of a Native American mound group.With most historic cemeteries, the Burial Sitesoffice can refer to an existing deed to catalog thesite.

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Effigy mounds, as pictured here, are protected as burial sites in Wisconsin. This water spirit mound is surrounded by nineteenth-century veteran graves,also protected by the same law.

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Protecting Cultural Resources duringPublic Projects

There are laws, both federal and state, thatprotect cultural resources from the effects of proj-ects that have federal, state or local governmentinvolvement. Which law applies will depend uponwhich level of government is primarily involvedin funding, permitting or licensing the project. Theprimary historic preservation laws are listed andbriefly described below:

Level of Government Applicable Law

Federal Section 106 of the National Historic Preservation Act

State Wisconsin Statute § 44.40Local Wisconsin Statute

§ 66.1111School Wisconsin Statute

§ 120.12 (21)

FederalSection 106 of the National Historic

Preservation Act of 1966 (as amended) requiresthat every federal agency sponsoring, authorizing,permitting, licensing, or funding an undertaking,whether directly or indirectly, take into account

effects the project may have on historic properties.Undertakings may include the reconstruction of apublic highway using federal funds, filling in orreestablishment of a wetland, selling or addingonto a post office building, or renovation of a cityneighborhood using grant monies from the U.S.Department of Housing and Urban Development.By law, federal agencies are responsible for identi-fying properties listed in or eligible for listing inthe National Register of Historic Places that mayexist within the area likely to be affected by theproject.

For instance the Federal Highway Admin-istration must consider whether listed or eligiblearchaeological sites or historic structures or build-ings may be affected when it funds a highwayproject. If there are any cultural resources withinthe project area that may be adversely affected,then the federal agency must consult with theWisconsin Historical Society and other local, inter-ested parties to determine whether the adverseeffects can be avoided, minimized or mitigated.

For more information about the Section 106review and how citizens can get involved in theprocess, please read the pamphlet entitled ACitizen’s Guide to Section 106. Copies of the guide,as well as other information about the Section 106process, can be found on the Advisory Council onHistoric Preservation’s web site at www.achp.gov.Additionally, please visit the Wisconsin HistoricalSociety’s web site for information describing the Section 106 review process established by theWisconsin SHPO for federal undertakings carried out in the State of Wisconsin at www.wisconsinhistory.org/histbuild/protecting/106_intro.html.

StateAll projects under the jurisdiction of a state

agency that do not have any federal involvementare subject to Wisconsin’s state historic preserva-tion laws. The primary state agency provision isWisconsin Statute § 44.40. Examples of agency proj-ects covered by this law are financial grants fromthe Wisconsin Department of Natural Resources,new building construction on a University ofWisconsin campus and power plant and transmis-sion line utility permits from the Public ServiceCommission.

Each state agency with project jurisdiction isrequired to:

• Check the Wisconsin Historical Society’s inventories to see if there are recorded properties within the project area, and

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Lena Road SchoolTown of Pound, Marinette County

The Wisconsin Historical Society worked closely with the Wisconsin Department ofTransportation to avoid any adverse effects to the historic Lena Road Schoolhouse in the Townof Pound, Marientte County. The Lena Road Schoolhouse is a well-preserved one-room school-house built c. 1913. The school was determined eligible for listing in the National Register ofHistoric Places as part of a Section 106 review.

Using federal funds, WisDOT reconstructed US 141 from its former configuration as a two-lane road into a four-lane divided highway. To ensure the historic school preserved its highwayaccess, Society staff met onsite with WisDOT staff andthe owners of the historicproperty, Wayne and KerryMaedke, in July, 2000. TheMaedkes grew up in thearea and are preserving theschool as a matter of localpride and as a venue forlocal thresherees.

As a result of the nego-tiations, WisDOT agreed towiden the driveway to 24feet to improve its turningradius and nominated theproperty to the NationalRegister of Historic Places.WisDOT also agreed toinstall a historic marker onthe property.

• Determine whether the project may affect any such property. If an historic property may be affected, then the agency must submit the project proposal to the Society for its review and comments.

Local Units of GovernmentUnder Wisconsin Statute § 66.1111, all munici-

palities in Wisconsin must consider whether theiractions may affect historic properties listed in theState or National Register of Historic Places.Projects subject to review under this law includeconstruction of a new facility that results in theabandonment of a National Register-listed build-ing, or development of a publicly owned park thatmay affect a listed archeological site. If such a proj-ect is being considered, the local unit of govern-ment is required to submit a proposal to theWisconsin Historical Society at the earliest stages

of planning to seek the Society’s determination ofwhether the project may adversely affect the listedproperty. If there may be an adverse effect, thenthe Society may require negotiation with the localunit of government to explore alternatives andother project options that may avoid, minimize ormitigate the possible adverse effect.

School Districts Under Wisconsin Statute § 120.12(21), at the

earliest stages of planning, school districts arerequired to determine whether their long-rangeplanning for facilities development or proposeddemolitions of historic properties may affect prop-erties that are listed in the State or NationalRegisters of Historic Places. If these actions mayaffect listed properties, then the school district isrequired to submit a project proposal to the Societyfor its determination of whether the project may

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adversely affect a listed property. If there may bean adverse effect, then the Society may requirenegotiation with the school district to explorealternatives that avoid, minimize or mitigate theadverse effect.

Historic Preservation Ordinances Depending on the wording of a local historic

preservation ordinance, landmark designation canbe simply honorific or a powerful regulatory tool.Ideally, landmark designation should recognizeplaces significant for their relation to prehistory orhistory, attachment to historic people or to events,their architecture or their architect, designer orbuilder. Places should be designated so they can beprotected for the present time and the future. Localdesignation is essential for properties listed in theState and National Register of Historic Places,since the State and National Registers confer dis-tinction but offer only limited protection.

By enacting a historic preservation ordinance,communities can create a historic preservationcommission that is empowered to designate locallandmarks. Local commissions protect the desig-nated historic properties by regulating new con-struction, alterations or demolitions that affectthese properties. In addition, they prepare pro-grams for public education, draw up preservationplans and promote historic preservation in generalat the local level.

The Division of Historic Preservation has amodel historic preservation ordinance (Please seeAppendix A) that communities may consult whendrafting their own ordinances. A historic preserva-tion ordinance generally contains the following:

• a statement of purpose;

• definitions of terms used in the ordinance;

• description of the make-up and length of office of commission members;

• the powers and duties of the commission;

• criteria and procedures for designating historic properties or landmarks;

• procedures and guidelines for regulating alterations to designated properties;

• procedures for regulating demolitions of designated historic properties;

• summary of other powers and duties; and

• methods of enforcement; and

• provisions for recognizing and marking historic properties and landmarks.

After a community enacts an ordinance, thecommunity’s chief elected official usually appointsmembers to the historic preservation commission.The ordinance may specify the types of expertiseneeded on the commission, but in general, com-mission membership should represent the variouscommunity groups concerned with preservation.Ideally, the commission will include communitymembers with expertise in fields such as history,archaeology, architectural history, architecture,planning, or preservation law. Historic preserva-tion commissions increase their effectiveness whenmembers have professional expertise in varioushistorical fields of interest. It is also helpful to havea commission member or two skilled in forgingagreements and whose opinions are widelyrespected in the community. Most importantly,however, commission members should be gen-uinely interested in historic preservation and will-ing to devote the time and effort required for suc-cess.

Designating local historic properties and dis-tricts constitutes one of the chief tasks of historicpreservation commissions. Commissions shouldconsult their ordinances to determine the proce-dures to follow and the criteria to consider whendesignating local properties. Designations basedon objective evaluations of local cultural resourcesare less subject to legal challenge and can helpdevelop strong public support.

Local historic preservation ordinances definewho may officially designate properties and dis-tricts. In some communities, the commission hasthe power to designate historic properties directly.In others, the commission makes recommenda-tions to the city council, village or town board,which officially designates properties.

Reviewing applications to alter or demolishdesignated properties constitutes another impor-tant task. Local commissions should consult theirordinances to determine the guidelines they mustfollow when deciding whether or not to approveproposed alterations or demolitions. If the localordinance does not include design guidelines foraltering historic properties, the commissionshould develop its own. In addition to generaldesign guidelines, local commissions can developdesign guidelines specific to each historic districtthey designate.

Besides designating properties and districtsand reviewing modification requests, local com-missions should arrange for a thorough survey oflocal historic resources. Commissions will find the

Certified Local Government Program

Local units of government that have enacted historic preservation ordinances may considerbeing certified to participate in the state and federal Certified Local Government (CLG) program.The CLG program provides special grants to fund planning and educational activities. TheDivision of Historic Preservation at the Wisconsin Historical Society administers the CLG program.Wisconsin has 40 Certified Local Governments. For more information about the Certified LocalGovernment please visit the Society’s Web site at www.wisconsinhistory.org/histbuild/clgs/index.html or the National Park Service’s Web site at www2.cr.nps.gov/clg.

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survey information invaluable when they makedecisions about the historical significance of localproperties. Please see Chapter 4: The CulturalResource Survey for more information about con-ducting a survey in a community.

Commission members, as part of the local gov-ernmental structure, should work closely withelected officials and with various local depart-ments and agencies. For example, commissionsshould seek annual budget appropriations to beused for brochures, markers, educational pro-grams and training for commission members.Being included in local budgets represents animportant way of gaining acceptance and supportfrom local governments.

To be effective, landmark commissions need tobe connected to the preservation effort state- andnationwide. It is advisable for commissions to jointhe Wisconsin Association of Historic PreservationCommissions (WAHPC) which links landmarkcommissions (also known as historic preservationcommissions) throughout Wisconsin. WAHPCmembers share information, provide technicalassistance to each other and address commonproblems. Commissions should also make use ofthe opportunities for information exchange andtraining offered by conferences and other pro-grams provided by the WAHPC and the Divisionof Historic Preservation. To find out more aboutthe WAHPC, contact the Division at (608) 264-6500.

Commissions should also consider joining theNational Alliance of Preservation Commissions(NAPC), which provides similar opportunities fornetworking and mutual assistance nationwide.NAPC also has a nationally renowned trainingprogram for historic preservation commissionsand representatives can either travel to a commu-nity or develop a curriculum tailored to a commu-nity. For more information about NAPC, they canbe contacted at:

National Alliance of Preservation Commissions P. O. Box 1605 Athens, GA 30603

(706) 542-4731 fax (706) 583-0320 napc@uga.eduwww.arches.uga.edu/~napc/

Towns and Historic PreservationOrdinances

Towns, like other local governments inWisconsin, have the legal authority to protect the

historic heritage that provides them with their spe-cial identity and unique character. Towns—justlike cities, villages and counties—are enabled bystate law to adopt historic preservation ordinancesof their own. Wisconsin Statute § 60.64 states, “thetown board, in the exercise of its zoning and policepowers . . . may regulate any place, structure, orobject with a special character, historic interest,esthetic interest, or significant value, for the pur-pose of preserving the place, structure, or objectand its significant characteristics.” The statute alsogives town boards the authority to “create a his-toric preservation commission to designate his-toric landmarks and establish historic districts.”

Although many cities and villages inWisconsin have had historic preservation ordi-nances since 1967, relatively few towns have enact-ed such an ordinance. Examples of towns thathave enacted ordinances include the towns ofPorter in Rock County, Washburn in BayfieldCounty, Eagle in Waukesha County and Westport (see www.townofwestport.org/ordinances/Title%2010%20Chapter%207.pdf) and Perry in DaneCounty.

One reason a town may hesitate to enact anordinance is a town’s relationship to the countygovernment’s authority concerning zoning. Sometown governments expect the county to take thelead, or they feel that towns need zoning authorityto act and towns cannot proceed with historicpreservation ordinances without taking a numberof complicated steps including approval by thecounty government.

Towns have the authority to enact preserva-tion ordinances based solely on their “police pow-ers,” separate and independent from “zoningpowers,” thereby avoiding the complications ofusing zoning authority. The ability of towns toenact ordinances based on their police powersbecomes especially important for towns undercounty zoning. In other words, a town could enacta “stand-alone” or independent ordinance for his-toric preservation purposes.

Demolition Controls In many communities, historic preservation

commissions usually have the authority to deny ordelay demolitions. However, local governmentscan use other means to delay the destruction ofhistoric resources.

In some communities, local planning commis-sions review all applications for demolitions anddecide whether or not to approve them based on

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Urban Archaeology in La Crosse

The La Crosse area, on the terraces above the confluence of the Mississippi, Black and La Crosse Rivers, has long been a desirable place to live and the remains of earlier settlementsare frequently encountered during modern construction. The City of La Crosse, recognizing the importance of its rich archaeological heritage, recently enacted an ordinance to protect itsarchaeological sites. This ordinance, the first of its kind in the state, requires consideration ofarchaeological resources prior to city-permitted projects involving substantial ground distur-bance. Specifically, the ordinance requires that persons who need a permit for “demolition,excavating, building or developing” must notify the City Inspection Department at least two full working days before beginning work that will require ground disturbance. If this work is tooccur within the boundaries of one of La Crosse’s significant archaeological districts (on file withthe City), the person must eitherprovide an archaeological survey ofthe area to be affected, or provideunlimited access to a qualifiedarchaeologist during the excavationwork. If significant archaeologicalresources are discovered, the archae-ologist has up to four full workingdays to investigate and documentthe site. This ordinance ensures thatthe record of those who lived herebefore will not be thoughtlesslydestroyed.

the new uses intended for sites as well as the his-torical significance of the structures in question.The plan commission’s decision can often beappealed to the governing body and ultimately tothe courts.

Archaeological OrdinancesAlthough historic preservation ordinances can

be used to designate archaeological sites, somecommunities choose to pass specific archaeologi-cal ordinances. An archaeological ordinance isvery similar to a historic preservation ordinance,only its focus is to protect and preserve archaeo-logical sites and resources.

The City of La Crosse has an ordinance thatprovides an important model for other urban areasin the state. The district encompasses a large areaof significant archaeological resources that are reg-ularly encountered in the course of developmentprojects. The La Crosse ordinance designates a six-teen-block area as a local historic district that

encompasses several prehistoric Oneota villages. (A copy of the La Crosse ordinance can be found inAppendix B.)

Coordinating Zoning and HistoricPreservation

Zoning is one of the keys to implementing thecultural resource section of a comprehensive plan.It is also the primary legal tool used by almost alllocal governments to control land use. Since historic properties occupy land area, they are allsubject to zoning regulations. When properlyapplied, zoning regulations represent one of thebest ways to protect historic properties. To beeffective, zoning and community historic preser-vation objectives must be coordinated.Preservationists need to become knowledgeableabout local zoning and determine how they currently affect historic properties and how theymight better protect such resources.

Those preparing the cultural resource section

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need to analyze the texts of zoning ordinances thatapply to historic districts or potential historic dis-tricts in their communities; they should determinewhether or not the zoning regulations support orconflict with preservation goals. In many cases,traditional zoning works against preserving orrevitalizing historic areas. For instance, manyproblems arise in areas not zoned according totheir traditional, historical uses. A historic residen-tial neighborhood may be zoned for retail, office,or industrial purposes. Pressure to rezone to suchuses can result in the demolition or inappropriateremodeling of historic residences.

If conflicts exist between current zoning andthe community objective of preserving historicneighborhoods, consider ways to modify localzoning regulations. If in a historic district, the actu-al density or the height is significantly lower thanthat permitted by zoning, the potential for greatereconomic return may create pressure to demolishand replace despite the historic preservation ordi-nance. A revised zoning ordinance could reducethe permitted height or bulk of buildings, reducingcertain redevelopment pressures.

For more information about this topic, pleasesee the National Park Service’s Cultural ResourcesPartnership Notes pamphlet entitled “Zoning andHistoric Preservation.” The pamphlet can be foundon the web at www2.cr.nps.gov/pad/partnership/Zoning699.

Coordinating Protection of Cultural and Natural Resources

Important archaeological, ecological, scenicand architectural resources often occur together.Much can be gained through cooperation amongthose who are concerned about environmentalconservation, protecting archaeological resourcesand preserving historic buildings. Protectingarchaeological resources, in particular, requirescreativity, cooperation and planning. A host ofopportunities exist to borrow from strategiesdeveloped to preserve historic structures, protectenvironmentally sensitive lands and encourageeconomic development.

Those concerned with architectural preserva-tion and natural resource conservation need to recognize the ancient past as another related valuewith an important constituency working to pre-serve the resource. Architectural preservationistsare increasingly aware of the importance of pre-serving the whole—the setting and district as well

as the key buildings, the later additions as well asthe original structures and houses of workers aswell as those of the wealthy. Archaeologicalremains are part of that whole complex, enhancingunderstanding and enjoyment of the historic andnatural resources of an area. Archaeologicalremains provide evidence of how the otherresources came to be the way they are and howthey were used by previous generations. Legalprotection of historic resources does not stop at theground level.

Many methods used to preserve land, naturalresources and historic resources can and should beused to preserve archaeological sites. The minorrole these legal tools have thus far played inarchaeology is evidence of the emphasis on sal-vage at the expense of the conservation ethic inAmerican archaeology. Whenever a conflict arisesbetween an archaeological site and a developmentproject, generally project sponsors will turn toarchaeological salvage excavations on the theorythat this will relocate the important values fromthe site to a repository. Of course, nothing of thesort really happens and a community frequentlysuffers a great loss of historical materials andinformation. Additionally, such site removal with-out consideration of the site’s traditional culturalvalues can disrupt a community’s sense of identi-ty and may affect a community’s ability to contin-ue traditional practices. The solution to the prob-lem of an archaeological site being threatened withdestruction should not automatically be to dig itup. The preferred preservation approach shouldalways be to take the initiative rather than to reactto crisis, in order to protect a site in place andestablish long-term management strategies for it.The strategies in this chapter offer viable alterna-tives to the "digging the site up and the project canproceed" approach, which will provide long-termbenefits to the community.

All of the strategies described here have aplace in the preservation "tool kit" and they will bemost effective when used in combination. Themost effective approach will depend on the specif-ic nature of each community, including site charac-teristics, population density, development trends,economic climate, legal authorities and the needsand wishes of the community. There is much to begained through cooperative projects that will pre-serve all the irreplaceable resources of an area,including the archaeological resources.Archaeological protection must be incorporatedinto every aspect of planning and administration

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at all levels of government. The protection of ourarchaeological heritage deserves to be part of abroader vision of what we want our communitiesto be and our nation to be.

Open Space and Archaeological SitePreservation

Open space preservation programs provideone of the most valuable means of preservingarchaeological sites in place, in concert with theprotection of other resources and values. Openspace is generally land free from development. Itmay be defined as including farms, forest, wildlifehabitats, natural resources and waterways, as wellas recreational resources and opportunities, suchas parks and hiking trails. Open spaces providemany benefits to local communities. Open spaceprotection often requires a combination of varioustechniques, including planning, land-use regula-tion, public acquisition, tax incentives and capitalspending programs.

Since undeveloped open space is an ideal solu-tion for archaeological site protection, techniquesbeing implemented to protect open space can alsobenefit archaeological sites. For example, the SkareSite, which encompasses a 10,000-year-old habita-tion site and several other archaeological sites nearMud Lake in Dane County, was acquired as part ofa public land purchase designed to provide forrecreation and protection of natural resources.

However, applying open-space protectiontechniques, to areas containing archaeological sitesdoes not necessarily protect all sites. Agricultural,forestry and recreational uses may continue andthreaten the sites. Archaeological protection inopen spaces is incidental unless open space protec-tion techniques specifically address archaeologicalprotection and management issues. At the Skaresite, management of the parcel began with a sys-tematic archaeological survey to identify thenature and location of the important resources tobe protected.

GreenwaysOpen spaces are often protected in the form of

greenways that are comprehensively planned, reg-ulated and managed for public use. These coherentresource areas may include rivers, streams,wildlife refuges and migration corridors, scenicroads, hiking and biking trails, public parks, flood-plains, farms, pastures and hillsides.

Land TrustsA land trust is a private non-profit communi-

ty-based organization that typically accepts dona-tions of or purchases property with significant nat-ural resources. The mission of many land trustsoften includes the preservation of cultural, as wellas, natural resources. The property can be managedfor preservation or conservation purposes, some ofwhich may be resold with covenants restrictingfuture development. Sometimes a large parcel willbe subdivided, but retain the portion containingthe extant significant resources, either natural orcultural or both. The remainder can be sold fordevelopment in a responsible manner to recoversome or all of the costs of purchasing the property.Land trusts also hold conservation easements onproperty kept in private ownership. These ease-ments prevent inappropriate land use or develop-ment, which might damage the natural or culturalresources found on the property. To find out moreabout land trusts in Wisconsin pleease contact:

Gathering Waters Conservancy211 S. Paterson Street, Suite 180Madison, WI 53703(608) 251-9131www.gatheringwaters.org

Cluster Subdivisions and Planned UnitDevelopments

Cluster subdivisions and planned unit devel-opments (PUD) could be very useful means of pro-tecting archaeological sites and historic properties,such as farmsteads, if developers were either will-ing or required to consider these resources.Clustering cuts infrastructure costs by allowingthe developer to create lots smaller than those nor-mally specified in zoning and subdivision regula-tions. This technique concentrates new buildingsin one part of the subdivision, leaving the remain-der of the tract undeveloped. The undevelopedportion could be permanently reserved for com-mon public use, such as a recreational open spaceunder the responsibility of a homeowner’s associ-ation, or it could be dedicated for a local park, setaside as a nature preserve or leased for farmingoperations. In jurisdictions that allow cluster sub-divisions, developers can take advantage of it byshifting development to portions of the tract ofland where there are no historic or archaeologicalresources. To be effective as a preservation tool,some basic level of archaeological survey may be

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individual landmarks, archaeological sites and his-toric districts. If the subdivision regulations arecurrently silent on historic and archaeologicalresources preservation, they can be reviewed toincorporate preservation considerations by issuinga conditional use permit (CUP) requiring an cul-tural resource survey to identify significant sites.

Subdivision regulations can be specificallyrewritten to require that developers give the samecare in protecting historic resources, cemeteries,archaeological sites and Native American moundsas they do to sensitive environmental features,such as wetlands, floodplains and steep slopes.Requirements relating to historic preservation andarchaeological site protection are sometimesincluded in the design requirements of the subdi-vision ordinance. In Subdivision Regulations andHistoric Preservation, Stephen Morris provides listsof factors to consider and sample language forsubdivision regulations. For example, communi-ties need to require that a preliminary plat orsketch plat show topography, vegetation, layout oflots, siting of buildings, alignment of streets, his-toric features including archaeological sites andcemeteries.

For more information about this topic pleasesee the National Park Service’s Cultural ResourcesPartnership Notes pamphlet SubdivisionRegulations and Historic Preservation a copy ofwhich can be found at www2.cr.nps.gov/pad/partnership/ConsDist699.pdf.

Many of the ideas presented above have beenincorporated into Wisconsin’s Ordinance for aConservation Subdivision, required under the“Smart Growth” law. A copy of the ordinance canbe found at: www.dos.state.wi.us/dhir/documents/conserv_subdiv_Model_ordinance_Feb2001.pdf.

Transfer of Development Rights (TDR)The transferring of development rights is

another zoning technique that has been used insome cities and rural areas across the country topreserve historic and natural resources. The TDRtechnique separates the rights to develop a parcelof land from other rights associated with the par-cel. The development rights of agricultural land,low-density historic buildings or the air spaceabove a historic building, for example are trans-ferred or sold for use in another location wherehigher density development is permitted orencouraged. The second parcel of land may bedeveloped to a higher density than would other-wise be permitted. Subsequent development of the

necessary before the site plan of the developmentis designed or officially approved.

Bonus or Incentive ZoningBonus or incentive zoning has also been used

to encourage historic preservation in communitiesaround the country. As described by StephenMorris in Zoning and Historic Preservation, thebonus refers to the additional density (beyondwhat would otherwise be permitted) granted todevelopers in exchange for providing specifiedpublic amenities, such as open space or affordablehousing. The plan may propose that densitybonuses be granted for the preservation of locallydesignated historic structures and archaeologicalsites and that the community’s zoning code bewritten to include standards to define the require-ments.

Mandatory DedicationIn the subdivision process, mandatory dedica-

tion of some part of the land for public use, such asa park, can be useful in protecting archaeologicaland burial sites. As part of the mandatory dedica-tion requirement, many subdivision ordinancesrequire developers to set aside a certain percentageof the land in their subdivision for public rights-of-way, open space, conservation areas and recreational use to ensure that adequate publicfacilities will serve the development. If this openspace or conservation area can be located wherethere are archaeological sites, for example, the siteswill be protected while passive recreation facilitiessuch as nature and exercise trails (carefully sited toavoid damaging archaeological sites) can still beaccommodated.

This approach is not new. In the early part ofthe twentieth century, more than 100 NativeAmerican mounds were preserved in small publicparks as new subdivisions in the city of Madisonand new buildings on the University of Wisconsincampus were erected around them. Today effigymounds are clearly visible. It is probably thenation’s most successful case of conscious preser-vation of archaeological resources in a city.

Subdivision ControlsCities and villages have the power to regulate

subdivisions within and adjacent to their corpo-rate jurisdictions. Local governments can use thispower to promote historic preservation. Thispower can be an important means of protecting

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land from which these rights have been trans-ferred can be limited to a very low density or pre-cluded altogether, depending on the community’sregulations. The cost and expertise required toadminister a full-scale TDR program have present-ed difficulties, especially for smaller communities,which lack full-time planning staff. But sometowns have used TDRs very successfully.

Historic Building CodeWisconsin has enforced a state-written

Building Code for the design and construction ofbuildings since 1914. On July 1, 2002 the Stateadopted the International Building Code, theInternational Energy Conservation Code, theInternational Mechanical Code and the Inter-national Fuel Gas Code, which are referred to asthe “Wisconsin Commercial Building Code” orsimply the “prevailing code.” This prevailing codeis designed to provide minimum standards ofpublic safety, energy efficiency and accessibility.When planning new construction, the code offersowners a great deal of flexibility. Unfortunately,owners of older and historic buildings are often-times faced with limited code compliance optionsand may be forced to destroy the historical signifi-cance of their buildings in order to meet the pre-vailing code.

Owners of qualified historic buildings mayelect to use Wisconsin’s Historic Building Code,chapter Comm 70 in lieu of any of the prevailingcodes provided the matter is dealt within theHistoric Building Code. This code allows retentionof some historic features not permitted by the pre-vailing code as long as the historic building isshown to be safe through a formalized rating sys-tem. Furthermore, the code allows certain exemp-tions from energy conservation requirements andprovides alternatives for accessibility for peoplewith disabilities.

To qualify, a building must be verified by theWisconsin Historical Society as: listed in the Stateor National Register, contributing to a State orNational Register-listed historic district, or eligiblefor listing in the State or National Register.Alternatively, if a property is designated as a locallandmark pursuant to an ordinance that is certifiedunder Wisconsin Statute § 44.44, it then the land-marked building may be verified historic by anauthorized municipal official, such as the mayor,the village president or the chairperson of thelandmark commission.

Questions concerning the use and application

of the Historic Building Code can be directed toSafety and Buildings Division and Department ofCommerce at any one of the following three loca-tions:

4003 N. Kinney Coulee RoadLa Crosse, WI 54601 (608) 785-9344

2331 San Luis Pl, #150Green Bay, WI 54304 (920) 492-5601

PO Box 7162, 201 W. Washington AveMadison, WI 53703 (608) 266-0669

Minimum Maintenance StandardsIn addition to building codes, many communi-

ties have enacted minimum maintenance stan-dards by local ordinance. These standards are usually administered by local building inspectorsor building inspector departments. Should thesestandards be in place in a community, they can beenforced to prevent the gradual destruction of alandmark. Such an action may be necessary tothwart “demolition by neglect”. In many cases,contacting a building inspector or building inspec-tion department can trigger a site visit and possi-bly the issuance of an official notice or a buildingrepair order to prevent the physical neglect andperhaps loss of a local landmark.

Local Taxation PoliciesBecause Wisconsin’s Constitution prohibits

local governments from instituting unequal taxa-tion policies, they cannot establish favorable prop-erty tax rates to aid historic preservation.However, local governments can work with thelocal property tax assessor to lower the assessmentof designated local landmarks, if appropriate.

Even though local governments have little lee-way to provide historic property owners with taxrelief, state and federal programs offer income taxcredits to those who rehabilitate their historicstructures. A discussion of state and federalincome tax credit programs follows later in thischapter.

Covenants and EasementsCovenants and easements are a way of provid-

ing for more durable and stronger protections that

Legal Strategies

41

A conservation or preservation easement is alegal agreement that grants an interest in a historicor archaeological property, usually to a qualifiednonprofit organization or government to accom-plish preservation or conservation objectives. Theimportance of easements rests in their protectiveprovisions. By donating an easement to a qualifiednonprofit organization, a property owner transfersto the organization the responsibility to protect theproperty from changes that would compromise itshistorical, architectural, archaeological or naturalcharacter. Although a preservation easementplaces restrictions on a property, the owner retainstitle to the property and is free to use, lease, sell orgive the property away at any time. However,because the easement is permanently attached tothe property title and granted in perpetuity, it isbinding on all future owners.

As a legal instrument, the preservation ease-ment is quite flexible. An easement can bedesigned to suit the interests and needs of theowner and the holder of the easement, with theowner participating in defining the easement. Theeasement may be written to protect specificarchaeological sites, certain interior features of ahistoric building, ensure proper maintenance orprohibit subdivision of the land, and it mayinclude other provisions tailored to the owner’swishes or the particular circumstances of the prop-erty. Protection of historic, archaeological and nat-ural features of a property may be combined in asingle easement.

Easements are a valuable tool for protectingarchaeological sites, particularly when combinedwith other available legal tools. Easements may beused to protect important scenic values and maycover large areas. For example, the state ofWisconsin holds scenic easements on 17,000 acresbeside the Great River Road, along the MississippiRiver.

Easements must be enforced, which for someindividual organizations, can be a problem. Largenational and state organizations may have thefinancial resources to enforce an easement in court,but often lack the means to make frequent visits todiscover violations. Smaller local organizations,whose members visit the property regularly, maybe better suited to quickly discover violations, butmay not have the financial resources to pursuelengthy; legal action. Management costs shouldnot be overlooked, though they may be far lessthan the costs of full ownership.

The Wisconsin Historical Society occasionallyaccepts historic preservation covenants for proper-

can be tailored to a specific property than general-ly is possible through local ordinances or state andfederal preservation laws. Covenants and ease-ments typically are drafted to be binding on futureproperty owners, can be perpetual and may bedesigned to protect certain significant features ofparticular historic structures or archaeologicalsites. In practice, conservation easements and his-toric preservation covenants are identical in legaleffect. The terms are used interchangeably in thisguide.

Easements and Tax IncentivesLocal property tax reduction can be a major

financial incentive to donate an easement, particu-larly in cases of open-space easements on landwith good development potential. The owner canenjoy the open space and a lower tax bill, whileboth the owner and community can know that asignificant archaeological site or other scenic, his-toric or open-space value is being preserved forfuture generations.

There are also federal and state income taxincentives for the donation of easements or land,particularly in areas under development pressure.The value of a donated easement may be taken asa state and federal income tax deduction as thecovenant is viewed as a charitable contribution.Particularly important in areas of rising land val-ues, when property is sold, capital gains tax maybe reduced through the donation of an easement.

A major threat to large land holdings can beestate taxes. Estate taxes, based on the “highestand best use” of the land may force the heirs togive up farming and other open-space uses andsell to developers. The donation of an easementmay provide some relief from development pres-sure and is often a major selling point in acquiringeasements. These are broad concepts. Tax law iscomplex, in flux and requires consultation with atax specialist in each case.

Establishing an Easement ProgramAn easement program offers one way to pro-

vide substantial, flexible protection for a communi-ty’s resources. Easements may be acquired by pur-chase, exchange, will or eminent domain but usual-ly they are acquired by gift. Preservationists consid-er an easement’s ability to protect cultural resources.In cases where easements must be purchased, buy-ing an easement obviously costs less than purchas-ing an entire property, and the responsibility formaintenance falls upon the property owner.

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The Archaeology Conservancy in Wisconsin

The Archaeology Conservancy has been very active in Wisconsin andhas purchased and protected many of the state’s most significant archaeo-logical sites. These include: the Chesrow Site, yielding mastodon remainsin Kenosha County; the Tollackson Effigy Mound Group, La Crosse County;the Bell Coulee Rock Shelter, La Crosse county; the ancient villages andmound groups of the Mero Archaeological District, Pierce Count; and theancient quarries of Silver Mound, Jackson County. For many of these prop-erties the Conservancy has given the Wisconsin Historical Society archaeo-logical preservation covenants and in return received a property taxexemption.

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ties that are either eligible or listed in the StateRegister and National Register that are beingtransferred from public to private ownership.Private persons also may initiate donations ofpreservation covenants to the Wisconsin HistoricalSociety. The model covenant used by the Societymay serve as one model for local governments andprivate organizations to adapt for their own needs.(Contact the Division of Historic Preservation for acopy of the Society’s Model Historic PreservationCovenant.)

To learn about establishing an easement pro-gram please refer to Establishing an EasementProgram to Protect Historic, Scenic, and NaturalResources by the National Trust for HistoricPreservation (Information Series No. 25, 1991).Copies are available from the National Trust(www.nthp.org) or by contacting the Division ofHistoric Preservation, Wisconsin Historical Societyat (608) 264-6500.

Acquisition One of the best ways to preserve a cultural

resource is through outright acquisition.Unfortunately few communities or local preserva-tion groups can afford that on their own. There are,however, a few organizations that might be able tohelp make that option viable.

The Archaeological Conservancy (www.americanarchaeology.com/aaabout.html), a nationalnon-profit organization devoted to long-termarchaeological site protection, is dedicated toacquiring and preserving the nation’s best remain-ing archaeological sites. The Conservancy has preserved through acquisition more than 230 sitesacross the country. Established in 1980, theConservancy is based in Albuquerque, NewMexico, but operates regional offices in Georgia,Virginia, California and Ohio. The contact forWisconsin is:

Dr. Paul Gardner3620 N. High Street #207Columbus, Ohio 43214(614) 267-1100Fax: (614) 267-1901gardnerpaul@msn.com

Another organization that acquires propertycontaining important archaeological sites is theWisconsin Department of Natural Resources. TheState Natural Area Program in the Bureau ofEndangered Resources (www.dnr.state.wi.us/org/land/er) identifies, protects and manages native

plant and animal species, natural communitiesand other natural features, to enhance and restorepopulations and habitats of rare and endangeredspecies. Much of the Bureau’s funding comes fromlicense plate sales and a state income tax check-off.

Often environmentally sensitive land parcelsencompass a significant archaeological site, thepresence of which will furnish an additionalrationale for acquisition. Local governments andnon-profit groups are eligible to receive grantsfrom the DNR to acquire private property with sig-nificant archaeological sites to protect them for theenjoyment and appreciation of future generations.For more information contact:

Natural Areas SpecialistBureau of Endangered ResourcesWisconsin Department of Natural Areas101 S. Webster Street, Box 7921Madison, WI 53707-7921

Life EstatesBy bequeathing their properties to a preserva-

tion organization, owners can continue to occupythem during their lifetimes and have the satisfac-tion of knowing that their work of preserving theirhouses will continue after their death. Those inter-ested in donating life estates should consult anaccountant or an attorney.

Introduction

H istoric preservation pays for itself.Throughout the nation, study after studyhas shown that property values increase

faster in historic districts than in non-historicareas, thus providing a cost-effective way toincrease the local tax base, along with the qualityof life. For example, a real estate statistical firmdetermined that, in Maryland, property valuesincreased 29% faster in locally designated historicdistricts than in comparable areas. Studies usingdifferent methods in Virginia, Texas, SouthCarolina and Indiana have all produced similarresults. No doubt historic preservation providessimilar economic benefits in Wisconsin.

Historic preservation has been proven to cre-ate new jobs in construction and other businesses,create new businesses, boost tourism and by exten-sion increase tax revenue. For Wisconsin, the bestavailable statistics are those of the state’s MainStreet Program. Between 1988 and 2000, the pro-gram assisted in the creation of more than 1,775new businesses, the creation of more than 9,500new jobs and stimulated a total private investmentof more than $257 million. (For more about theMain Street Program please see Chapter 5:Promotional and Educational Tools.) While his-toric preservation is proven as a way of generatingfinancial dividends, the initial investment oftenrequires use of federal and state income tax credits,or national, state and local grant and loan pro-grams.

Local SourcesLocally based financial incentives are a key

component of a local historic preservation pro-gram. Throughout Wisconsin, local communitiesare building capacity to financially assist localpreservation projects. For example, in Wausau,Central Wausau Progress, in cooperation with aconsortium of local banks, is offering low interestloans for façade renovations, second floor housingand structural repairs. In Fond du Lac, moneyfrom pre-1982 Community Development BlockGrant (CDBG) loans that are being repaid to thecity is being set aside to establish a loan programfor locally designated historic properties. Theselow interest loans fund exterior work and interiorstructural work. For more than a decade, EauClaire has targeted locally-designated historic

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residences using Community Development BlockGrant funds to offer owners very low interestloans for exterior repairs and heating. To encour-age local businesses and to strengthen neighbor-hoods surrounding traditional business districts,Madison offers small commercial property ownersand tenants loans for façade rehabilitation.

Local financial assistance programs are notlimited to the mid-sized cities of Wisconsin. InNeillsville, Clark County, a county seat town with2,600 inhabitants and four banks, the banks haveagreed to offer reduced interest rates on projects inthe downtown area. Such programs are standardpractice for Wisconsin’s more than thirty-fourMain Street program communities, at least half ofwhich offer façade improvement grants, and manyhave low interest loan programs. The low interestloan programs financed by local banks and creditunions offer loans at below the prime interest.These programs and projects can be replicated toprovide a financial infrastructure for historicpreservation at the local level.

Chapter 7: Funding Sources

Waukesha’s Façade Improvement Program

Façade improvement programs canbe tailored to specific local needs. Forexample, the historic “Spa City” ofWaukesha offers four programs includinga unique grant program to supportrestoration of the community’s signaturesprings. In addition the city providesmatching grants for façade restorationdesigns; small paint and repair matchinggrants for the exteriors of historic residen-tial and commercial structures, whetherformally designated or not; and, a Land-mark Rehabilitation Assistance Programoffering loans. All these programs arefunded using CDBG monies. These pro-grams are run in a highly cost effectivemanner, the benefits are highly visibleand spread across much of the city, andthey ensure that historic properties willbe there to be occupied by succeedinggenerations.

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Preserving Yesterday’s Heritage Today

In 1996, the Cedarburg HistoricPreservation Commission wanted to pre-serve some of the community’s historyon videotape. With the assistance of a $5,862 grant from the WisconsinHistorical Society, $3,000 from theCedarburg Cultural Center and lots ofdonated volunteer time and expertise, a15-minute videotape was produced. Thevideo chronicles the successful develop-ment of Cedarburg’s historic preservationeffort. The video has been reproducedseveral times and has resulted in a rev-enue source for the Cultural Center.

Business Improvement DistrictsWisconsin Act 184, signed into law in 1984,

gives Wisconsin municipalities (i.e., cities, villagesand towns) the power to establish one or moreBusiness Improvement Districts (BID) within theircommunity. The law established an assessmentmethodology that allows business properties with-in that area to contribute to programs aimed atpromotion, management, maintenance and devel-opment. The BID assessments are restricted tocommercial and industrial properties subject toreal estate tax. Tax-exempt properties (i.e., reli-gious, public utility or government properties) orthose used exclusively as private residences can-not be assessed.

Some communities, such as Waupun, haveBusiness Improvement Districts that are used toprovide small grants for façade rehabilitation,helping to revitalize a downtown business district and preserve its historic assets. Many communities, such as West Allis, Marshfield, RiceLake and Eagle River, use BIDs to finance theirMain Street programs (Please see Chapter 5:Promotional and Educational Strategies).

More information about Business Improve-ment Districts can be found on the web atwww.uwex.edu/lgc/cp&d/bidpage/bid.

Private Revolving FundsPreservation organizations have effectively

employed revolving funds to preserve and rehabil-itate significant buildings. They use the money inthe revolving funds to buy and renovate proper-ties. Afterwards, they resell the properties and usethe sale proceeds to replenish their funds. If anorganization has a large revolving fund or if thefund grows through profits on projects, the organ-ization may rent its renovated properties ratherthan sell them. Thus, they can collect rent, retaincontrol over the properties and continue to restoreadditional properties.

Archaeological and natural conservationorganizations have used the revolving funds tech-nique to purchase endangered archaeological sites.They recover their funds by reselling the propertyto public agencies for permanent preservationwhen the agency is able to budget funds for pur-chase.

Revolving funds have many advantages. Theytend to focus a preservation organization’s atten-tion and resources by spending the fund monieson a specific area or on a specific project.

Revolving funds also attract donors, because con-tributors like to see their money actively put touse. Donors can see exactly what their contribu-tions supported after a successful renovation. Thefunds give the cause of preservation and preserva-tion groups a powerful boost because the complet-ed projects reflect support for preservation andprovide proof that preservation organizationsaccomplish what they set out to do. The funds pro-vide a way to start a local preservation project withvery little money.

Revolving funds often have advantages overbanks in financing preservation efforts. They usu-ally have a lower-cost source of money than afinancial institution, in the form of donations andgrants. Thus, loans can be offered for longer terms

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at a lower interest rate, and frequently to lower-income borrowers who might not ordinarily qual-ify for bank loans.

Organizations that operate revolving fundsalso incur administrative costs and experienceoccasional losses. Every transaction involves somerisk. Insurance policies and consultation with localbanks can help minimize the risks involved.

Historic Buildings Tax ExemptionUnder Wisconsin Statute § 70.11, certain his-

toric buildings may be exempt from general prop-erty taxes. In order to qualify, the law requires thata building meet all of the following requirements:

• The property is listed in either the State Register or the National Register of HistoricPlaces.

• Is a public building as defined in s. 101.01(12)

• Is owned or leased by a tax-exempt organi -zation under Section 501 of the Internal Revenue Service as amended December 31, 1986.

• Is used for civic, governmental, cultural or educational purposes.

• Is subject to an easement, covenant or simi-lar restriction, running with the land that is held by the Wisconsin Historical Society or by an entity approved by the Wisconsin Historical Society that protects the historic features of the property and that will remain effective for at least 20 years after January 1, 1989.

Despite what may seem like a lot of require-ments, two important historic properties inWisconsin have taken advantage of this propertytax exemption; the Ringling Theater in Barabooand the Pix Theater in Waukesha.

Archaeological Tax ExemptionWisconsin Statute § 70.11(13m) offers an eco-

nomic incentive to private landowners that wish topreserve archaeological sites on their property. Ifan archaeological site is listed in the State orNational Register of Historic Places, and if theowner signs a protective covenant, the landincluded under the covenant is exempt from gen-eral property taxes. Depending on the size of thesite and local tax rate, signing a covenant can pro-vide substantial savings for the owner.

Through this program owners have the oppor-tunity to receive a tax exemption for the archaeo-logical site area and help the State of Wisconsinpreserve its archaeological heritage. The taxexemption program makes the landowner a stew-ard of Wisconsin’s past. It does not discourage alluses of the site. Instead, it encourages land-useplanning to avoid disturbing the site area. Thecovenant contains a legal description of the areathat is to be exempted from property taxes anddefines landowner and Wisconsin HistoricalSociety obligations in the protection of that area.

Interested individuals who own archaeologi-cal sites that are listed on the State Register orNational Register, or believe that an archaeologicalsite on their property may be eligible for the StateRegister or National Register, are urged to contactthe Division of Historic Preservation.

Architectural Conservancy DistrictsUnder Wisconsin Statute § 66.1007, any munic-

ipality with a historic district can establish anArchitectural Conservancy District. Conservancydistricts operate in a fashion similar to BusinessImprovement Districts in that an operating plan is

Al Ringling Theater, Baraboo, Sauk County

The Ringling Theater, designed by the well-known Chicago firm of Rapp andRapp, was one of the first movie palaces in America. Built in 1916, it still survivestoday as a movie theater. It is one of twohistoric buildings in Wisconsin, whoseowners have taken advantage of the prop-erty tax exemption offered by WisconsinStatute § 70.11.

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Funding Sources

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developed and approved by the local municipali-ty. The operating plan specifies how much moneywill be assessed to tax parcels in the district. It alsodetails how the money raised will be spent. Aboard appointed by the “chief executive officer,”such as mayor, city manager, village president ortown chairperson administer the approved plan.The board can use monies collected by the munic-ipality to fund improvements in the ConservancyDistrict.

The development of an Architectural Conser-vancy District is a good way for an historic districtto collect funds from tax-paying individuals tospread out the cost of specific improvementsacross the entire historic district. Improvementsfunded in this way can include anything from thepurchase of a preservation easement of an endan-gered property to the construction of historicstreetlights or decorative street signs.

Federal and State Investment Tax CreditsOwners of historic buildings in Wisconsin are

eligible to participate in federal and state incometax incentive programs for the rehabilitation of his-toric properties. To qualify for the investment taxcredit (ITC) programs, an owner must have abuilding listed, or eligible for listing, on the StateRegister and National Registers of Historic Places.

Wisconsin currently has ITC programs forincome-producing properties and for owner-occu-pied residences. While the programs are summa-rized below, they are subject to change, and thoseinterested in applying for any of the programsshould consult the Division of HistoricPreservation for assistance.

The three ITC programs in Wisconsin current-ly offer the following tax credits for owners whorehabilitate their historic properties. In each case,the credit is a percentage of the rehabilitation costs:

• A 20 percent federal investment tax credit for rehabilitating income-producing historicbuildings (www2.cr.nps.gov/tps/tax/).

• An additional five percent Wisconsin investment tax credit for persons who qualify for the 20 percent tax credit; and

• A 25 percent Wisconsin investment tax credit for persons who rehabilitate private owner-occupied homes.

Even though the rules for applying for the ITCprograms vary, all three programs require thatowners meet the following criteria:

• Formally apply and obtain approval to

receive the credits. Pre-approval is requiredfor both State tax credit programs. Pre-approval for the 20% Federal tax credits is not required, but is strongly recommended;

• Spend a specified, minimum amount of money on rehabilitation work; and

• Carry out work according to the Secretary of the Interior’s Standards for Rehabilitation(www2.cr.nps.gov/tps/tax/rhb/).

Each investment tax credit program has itsown requirements. Property owners should con-tact the Division of Historic Preservation in theearliest stages of their planning if they are considering the use of any of the ITCs. More infor-mation about historic preservation tax credits canbe found on the Society’s website at www.wisconsinhistory.org/histbuild/architecture.

Wisconsin Department of Transportation/Local Transportation Enhancements

The Wisconsin Department of Transportation(WisDOT) receives federal funds to provide a vari-ety of improvement programs, including the LocalTransportation Enhancements (TE) Program.Applicants are limited to local units of governmentand state agencies. Non-profit organizations andother private parties will not be directly eligible,although they can work through local governmentto develop an application. Enhancements fundinghas traditionally paid up to 80% of the projectcosts, leaving local sponsors to come up with a20% match. It is important to note that fundingrecipients will have to pay the project costs upfrontand submit requests for reimbursement to theWisconsin Department of Transportation.

In terms of historic preservation, most of thisfunding has gone towards the rehabilitation of his-toric transportation facilities, such as historic traindepots and boathouses. Other transportation relat-ed facilities could include historic canals, light-houses, historic ships and locomotives. For moreinformation, contact the appropriate WisconsinDepartment of Transportation district .

Jeffris Family FoundationThe Jeffris Family Foundation is dedicated to

Wisconsin cultural history and heritage throughpreserving regionally and nationally significanthistoric buildings and decorative arts projects.Founded in Janesville, Wisconsin, in 1979, theFoundation currently has more than $20 million inassets, about $1 million of which it grants annually

to projects approved by the Foundation board.Because of its focus on preservation, the JeffrisFamily Foundation provides challenge grants forpreliminary studies, full restorations and follow-up projects such as publications. For example, thefoundation funded an historic structures analysis,long-range planning and preservation studiesgrants provided to the Mineral Point HistoricalSociety. These studies were used to formulate aprofessional restoration and operational plan forthe Joseph Gundry House Museum in MineralPoint, Wisconsin.

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The Jeffris Family Foundation funds privatenonprofit organizations and governments.Foundation support should act as a catalyst.Foundation support typically ranges from 25% to50% of the total project cost with a significant por-tion of the matching funds originating from thecommunity. The primary focus is on projects incommunities under 100,000 in population. Foradditional information and a grant application,contact the Jeffris Family Foundation, P.O. Box 650,Janesville, Wisconsin 53547-0650

Historic Structures Reports

Historic buildings benefit from careful study prior to extensive restoration or rehabilitationwork. This is especially true when impending work will require wholesale alterations, such aswhen a building must be adapted to a new use. A useful type of study is the “Historic StructureReport”, or HSR. An HSR has the goal of better understanding a building, its evolution and itspresent condition.

An HSR documents and analyzes a building’s original construction andany later changes through historical,physical and pictorial evidence. Itascertains which features are historical-ly significant in order to guide futurework. It documents the current condi-tion of the building’s materials andstructure. It determines the mostappropriate architectural treatments tomeet the owner’s needs while protect-ing the building’s historic characterand materials. It establishes work prior-ities and estimates project costs. Whencompleted, an HSR serves as a plan-ning document, which is the basis fordeveloping working drawings andspecifications prior to the commence-ment of project work.

This line drawing was taken from a Historic Structures Report of theGundry House in Mineral Point, IowaCounty, which was funded with agrant from the Jeffris FamilyFoundation.

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National Trust for Historic Preservation/ Jeffris Preservation Services Fund

The Jeffris Family Foundation PreservationServices Fund (PSF) was established in 1998 by agift from Jeffris Family Foundation to the NationalTrust. This gift, made under the leadership of TomJeffris, demonstrates the family’s commitment topreserving Wisconsin’s special architectural histo-ry and character. The purpose of the Jeffris PSF isto provide seed grants to preservation organiza-tions and local governments in small Wisconsintowns and villages. The fund is especially targetedtowards communities with a population under10,000 that are faraway from metropolitan areas.

The PSF provides financial assistance to smalltowns in the planning stages of preservation proj-ects by providing “seed grants” (up to $5,000) thatserve as a catalyst to move a project forward.

Grants can be used to assist with the costs ofobtaining professional consultants or providingsupport for preservation-based educational activi-ties.

Recipients must match grants at least dollar-for-dollar and the funds cannot be used for “bricksand mortar” activities.

Typical uses for the Fund include feasibilitystudies for endangered buildings or sites, architec-tural planning, landscape research and planning,development of heritage education and co-spon-sorship of workshops and conferences.

For additional information contact:Jeanne LambinWisconsin Field OfficeNational Trust for Historic Preservation319 High StreetMineral Point, WI 53565(608) 987-1502jeanne_lambin@nthp.org

Wisconsin Humanities Council/Historic Preservation Program Grants

The Wisconsin Humanities Council and theJeffris Family Foundation have formed a partner-ship to support Historic Preservation ProgramGrants. The Wisconsin Humanities Council(WHC) will award grants with funds from boththe Jeffris Family Foundation and the WisconsinHumanities Council.

The Wisconsin Humanities Council acceptsproposals for projects that enhance appreciation ofthe importance of particular historic buildings or

that increase public awareness of the importanceof particular historic buildings or decorative artworks in Wisconsin. Preference will be given tosignificant preservation projects in small townsand rural communities with populations under30,000. Deadlines for Wisconsin HumanitiesCouncil Historic Preservation program grants are:January 1, March 1, May 1, July 1, September 1 andNovember 1 for mini-grants (up top $2,000), andApril 15, August 15 and December 15 for majorgrants (up to $10,000). Applicants for major grantsshould also submit a draft proposal six weeksbefore the deadline.

Grant proposals should conform to the WHCGrant Guidelines, which may be viewed atwww.danenet.org/whc, or obtained along with otherapplication materials, from the WisconsinHumanities Council, 222 South Bedford Street,Suite F, Madison, WI 53703-3688.

The Wisconsin Humanities Council does notfund the preservation of “bricks and mortar” proj-ects or decorative arts. Inquiries about grants forsuch purposes should be addressed directly to theJeffris Family Foundation (see above).

Small Business Administration (SBA)Certified Development Company (504)Loan Program

The 504 Certified Development Company(CDC) provides growing businesses with long-term, fixed-rate financing for major fixed assets,such as land and buildings. A CertifiedDevelopment Corporation is a nonprofit corpora-tion set up to contribute to the economic develop-ment of its community or region. CDCs work withthe SBA and private-lenders to provide financingto small businesses. There are about 290 CDCsnationwide. Each CDC covers a specific region.

Typically, a Section 504 project includes a loansecured with a senior lien from a private-sectorlender covering up to 50% of the project cost; aloan secured with a junior lien from the CDC (a100 percent SBA-guaranteed debenture) coveringup to 40% of the cost, and a contribution of at least10% equity from the small business being helped.The maximum SBA debenture generally is$750,000 (up to $1 million in some cases). The pro-gram is designed to enable small businesses to create and retain jobs: the CDCs portfolio mustcreate or retain one job for every $35,000 providedby the SBA. In Madison, the rescue of theOrpheum Theater and the rehabilitation of the

Wilson Hotel into a Bed andBreakfast and restaurant directlybenefited from SBA loans. For infor-mation about the Small BusinessAdministration and the grants theyoffer please see www.sba.gov/wi.

Wisconsin Coastal ZoneManagement/Public Access—Low-CostConstruction Grants

The Coastal ManagementProgram provides grants to encour-age the protection and wise use ofWisconsin’s coastal resources and toincrease public access to the waterof the Great Lakes. Four types ofmatching grants are available, butonly one (Public Access) applies tohistoric buildings.

Public Access—Low-Cost Con-struction Grants seek to stimulatethe renovation of underutilized ordeteriorated waterfronts (lake-front/river front) along the GreatLakes, to help boost the local econo-my and to make waterfronts moreaccessible and enjoyable to the public. Eligible public access proj-ects include construction orimprovement of walkways, fishingpiers, viewing decks and waterfrontpublic access using these grants.Public access project applicationsreceive higher priority if theyinclude an educational or environ-mental protection component.Examples of historic preservation projects the pro-gram has funded include the rehabilitation of thePotawattomie Light House on Rock Island, thePort Washington Lighthouse in Port Washingtonand the Bayfield Lakeside Pavilion in Bayfield. Formore information about this grant program pleaserefer to www.doa.state.wi.us/pagesubtext_detail.asp?linksubcatid=250.

Wisconsin Department of CommerceThe Wisconsin Department of Commerce

offers businesses an array of grants and loans tar-geting everything from small business owners to“brownfields” reuse. The type of assistance that

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Sherman Perk, Milwaukee

Bob Olin took an older gas station, closed in 1990because of environmental contamination, and turned itinto the newest coffee shop and kosher delicatessen inthe Milwaukee neighborhood of Sherman Park. TheDepartment of Commerce provided a $100,000 grant tofinance the cost of removing the old gas tanks and pro-vide ongoing environmental testing. The property waslisted in the National Register of Historic Places, makingit eligible for federal and state historic preservation taxcredits. The City of Milwaukee also provided a $30,000grant. The property was locally landmarked in 1996 andreceived a 2001 Mayor’s Design Award.

may be useful, even critical, depends on the partic-ular project. In Milwaukee, a historic and impor-tant Streamline Moderne style gas station with soilcontamination was saved and reused as a commu-nity-oriented kosher Jewish delicatessen thanks tothe help of a “brownfields” clean-up grant. For moreinformation about the various funding programsavailable at the Department of Commerce please seetheir website at www.commerce.state.wi.us.

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Pottawatomie Lighthouse, Rock Island

With the help of a Stewardship grant from the Department ofNatural Resources, the Friends of Rock Island (FORI) reconstructed the missing lantern room to the Pottawatomie Lighthouse. Built in1858 it is the oldest public lighthouse on Lake Michigan. The StateStewardship grant was matched one-to-one by individual and corporatedonations. (For more about the Friends and their restoration of thelantern room please see uniontel.net/~cmarlspc/PnE/lighthouse photos.html).

Funding Sources

51

Wisconsin Department of NaturalResources

Like the Department of Commerce theDepartment of Natural Resources has a myriad offunding programs. The best place to start is withthe Bureau of Community Financial Assistance(CFA). Their website can be found atwww.dnr.state.wi.us/org/caer/cfa/cfindex.html. TheBureau works directly with local governments andprivate non-profits in administering theDepartment’s grant and loan programs. Althoughthe programs are specifically targeted to protectthe environment, promote public health and pro-vide recreational, these same programs can simul-taneously promote the protection and restorationof cultural resources.

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Conclusion

W isconsin has joined the ranks of other forward-looking states in enactingstatewide comprehensive planning legis-

lation. Wisconsin’s is one of only a handful thatincludes cultural resources as a mandatory part ofa community’s comprehensive plan.

Including cultural resources as an element ofcomprehensive planning presents a unique oppor-tunity for those working to preserve a communi-ty’s history to cooperate with community leadersand government officials to develop a unifiedvision. The ultimate goal should be to describe avision of what the community should look like in

the foreseeable future. It is equally important thatthe community agree up-front on how to achievethat vision.

Preservationists should take every opportuni-ty to get involved in the local planning process—to lay the groundwork necessary today to save significant cultural resources. The WisconsinHistorical Society can be an important resource indeveloping a comprehensive plan, particularly the cultural resource section. For more informationplease phone us at (608) 264-6500 or contact us by email at rabernstein@whs.wisc.edu.

APPENDICES

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Appendix AA Model Historic Preservation Ordinance for Small Communities

Appendix A

I. Purpose and Intent It is hereby declared a matter of public policy that the protection, enhancement, perpetuation and use

of improvements or sites of special character or special architectural, archaeological or historic interest orvalue is a public necessity and is required in the interest of the health, prosperity, safety and welfare of thepeople. The purpose of this section is to:

A. Effect and accomplish the protection, enhancement, and preservation of such improvements, sitesand districts which represent or reflect elements of the [city’s] cultural, social, economic, political and architectural history.

B. Safeguard the [city’s] historic, prehistoric and cultural heritage, as embodied and reflected in such historic structures, sites and districts.

C. Stabilize and improve property values, and enhance the visual and aesthetic character of the [city].

D. Protect and enhance the [city’s] attractions to residents, tourists and visitors, and serve as a support and stimulus to business and industry.

II. Definitions The definitions shall be as follows:

A. Certificate of Appropriateness means the certificate issued by the commission approving alteration, rehabilitation, construction, reconstruction or demolition of a historic structure, historic site or any improvement in a historic district.

B. Commission means the Landmarks Commission created under this section.

C. Historic district is an area designated by the [Common Council] on recommendation of the commission that contains two or more historic improvements or sites.

D. Historic site means any parcel of land of historic significance due to a substantial value in tracing the history or prehistory of man, or upon which a historic event has occurred, and which has been designated as a historic site under this section, or an improvement parcel, or part thereof, on which is situated a historic structure and any abutting improvement parcel, or part thereof, used as and constituting part of the premises on which the historic structure is situated.

E. Historic structure means any improvement which has a special character or special historic interest or value as part of the development, heritage or cultural characteristics of the [city], state or nation and which has been designated as a historic structure pursuant to the provisions of this chapter.

F. Improvement means any building, structure, place, work of art or other object constituting a physical betterment of real property, or any part of such betterment, including streets, alleys, sidewalks, curbs, lighting fixtures, signs and the like.

III. Landmarks Commission Composition A Landmarks Commission is hereby created, consisting of seven (7) members. Of the membership, if

available in the community, one shall be a registered architect; one shall be a historian; one shall be alicensed real estate broker; one shall be [an alderman] and three shall be citizen members. Each membershall have, to the highest extent practicable, a known interest in historic preservation. The [Mayor] shallappoint the commissioners subject to confirmation by [Common Council].

IV. Historic Structure, Historic Site and Historic District Designation Criteria A. For purposes of this ordinance, a historic structure, historic site, or historic district designation

may be placed on any site, natural or improved, including any building, improvement or struc-ture located thereon, or any area of particular historic, architectural, archaeological or cultural

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significance to the [city] such as historic structures, sites, or districts which:

1. Exemplify or reflect the broad cultural, political, economic or social history of the nation, state or community; or

2. Are identified with historic personages or with important events in national, state or local history; or

3. Embody the distinguishing characteristics of an architectural type or specimen inherently valuable for a study of a period, style, method of construction, or of indigenous materials or craftsmanship; or

4. Are representative of the notable work of a master builder, designer or architect who influencedhis age; or

5. Have yielded, or may be likely to yield, information important to prehistory or history.

B. The commission shall adopt specific operating guidelines for historic structure, historic site and historic district designation providing such are in conformance with the provisions of this ordinance.

V. Powers and Duties A. Designation The commission shall have the power, subject to Section VI, to designate historic structures and his-

toric sites and to recommend designation of historic districts within the [city] limits. Such designationsshall be made based on Section IV. Historic districts shall be approved by the [Common Council]. Oncedesignated, such historic structures, sites and districts shall be subject to all the provisions of this ordi-nance.

B. Regulation of Construction, Reconstruction, Alteration and Demolition

1. No owner or person in charge of a historic structure, historic site or structure within a historic district shall reconstruct, alter or demolish all or any part of the exterior of such property or construct any improvement. Upon such designated property or properties or cause or permit any such work to be performed upon such property to demolish such property unless a Certificate of Appropriateness (C of A) has been granted by the Landmarks Commission. Also, unless such certificate has been granted by the commission, the building inspector shall not issue a permit for any such work.

2. Upon filing of any application for a Certificate of Appropriateness with the commission, the commission shall approve the application unless:

a. In the case of a designated historic structure or historic site, the proposed work would detri-mentally change, destroy or adversely affect any exterior feature of the improvement or site upon which said work is to be done;

b. In the case of the construction of a new improvement upon a historic site, or within a historicdistrict the exterior of such improvement would adversely affect or not harmonize with the external appearance other neighboring improvements on such site or within the district;

c. In the case of any property located in a historic district, the proposed construction, recon-struction exterior alteration or demolition does not conform to the purpose and intent of this section and to the objectives and design criteria of the historic preservation plan for said district;

d. The building or structure is of such architectural or historical significance that its demolition would be detrimental to the public interest and contrary to the general welfare of the people of the [city] and state;

c. In the case of a request for the demolition of a deteriorated building or structure, any economic hardship or difficulty claimed by the owner is self-created or is the result of any failure to maintain the property in good repair,

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Appendix A

3. If the commission determines that the application for a Certificate of Appropriateness and the proposed changes are consistent with the character and features of the property or district, it shall issue the Certificate of Appropriateness. The commission shall make this decision within forty-five (45) days of the filing of the application.

4. The issuance of a Certificate of Appropriateness shall not relieve the applicant from obtaining other permits and approvals required by the [city]. A building permit or other municipal permit shall be invalid if it is obtained without the presentation of the Certificate of Appropriateness required for the proposed work.

5. Ordinary maintenance and repairs may be undertaken without a Certificate of Appropriateness provided that the work involves repairs to existing features of a historic structure or site or the replacement of elements of a structure with pieces identical in appear-ance and provided that the work does not change the exterior appearance of the structure or site and does not require the issuance of a building permit.

C. Appeals Should the commission fail to issue a Certificate of Appropriateness due to the failure of the propos-

al to conform to the guidelines, the applicant may appeal such decision to the [Common Council] withinthirty (30) days. In addition, if the commission fails to issue a Certificate of Appropriateness, the commis-sion shall, with the cooperation of the applicant, work with the applicant in an attempt to obtain aCertificate of Appropriateness within the guidelines of this ordinance.

D. Recognition of Historic Structures, Sites and Districts At such time as a historic structure, site or district has been properly designated, the commission, in

cooperation with the property owner, may cause to be prepared and erected on such property at [city]expense, a suitable plaque declaring that such property is a historic structure, site or district.

VI. Procedures A. Designation of Historic Structures and Historic Sites

1. The commission may, after notice and public hearing, designate historic structures and historicsites, or rescind such designation or recommendation, after application of the criteria in Section IV above. At least ten (10) days prior to such hearing, the commission shall notify the owners of record, as listed in the office of the [city] assessor, who are owners of property in whole or in part situated within two hundred (200) feet of the boundaries of the property affected.

2. The commission shall then conduct such public hearing and, in addition to the notified persons, may hear expert witnesses and shall have the power to subpoena such witnesses and records as it deems necessary .The commission may conduct an independent investigation intothe proposed designation or rescission. Within ten (10) days after the close of the public hear-ing, the commission may designate the property as either a historic structure, or a historic site,or rescind the designation. After the designation or rescission has been made, notification shallbe sent to the property owner or owners. Notification shall also be given to the [City Clerk, Building Inspection Division, Plan Commission, and the City Assessor.] The commission shall cause the designation or rescission to be recorded, at [city] expense, in the County Register of Deed office.

B. Creation of Historic District

1. For preservation purposes, the Landmarks Commission shall select geographically defined areas within the [city] to be designated as Historic Districts and shall prepare a historic preservation plan for each. A Historic District may be designated for any geographic area of particular historic, architectural or cultural significance to the [city], after application of the criteria in Section IV above. Each historic preservation plan prepared for or by the Landmarks Commission shall include a cultural and architectural analysis: supporting the historic significance of the area, the specific guidelines for development, and a statement of preservation objectives.

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2. Review and Adoption Procedure a. Landmarks Commission. The Landmarks Commission shall hold a public hearing when

considering the plan for a Historic District. Notice of the time, place and purpose of the public hear shall be sent by the [City Clerk] to the [Alderman of the Aldermanic District or Districts] in which Historic District is located, and the owners of record, as listed in the officeof the [City Assessor], who are owners of the property within the proposed Historic District or are situated in whole or in part within two hundred (200) feet of the boundaries of the proposed Historic District. Said notice is to be sent at least ten (10) days prior to the date of the public hearing. Following the public hearing the Landmarks Commission shall vote to recommend, reject or withhold action on the plan.

b. The [Common Council]. The [Common Council], upon receipt of the recommendations from the Landmarks Commission sha1l hold a public hearing, notice to be given as noted in sub-paragraph a. above and sha1l fo1lowing the public hearing either designate or reject the Historic District Designation of the Historic District sha1l constitute adoption of the plan prepared for that district and direct implementation of said plan.

VII. Interim Control No building permit shall be issued by the building inspector for alteration, construction, demolition,

or removal of a nominated historic structure, historic site, or any property or structure within a nominat-ed historic district from the date of the meet of the Landmarks Commission at which a nomination formis first presented until the final disposition of nomination by the Landmarks Commission or the [CityCouncil] unless such alteration, removal or demolition authorized by formal resolution of the [CityCouncil] as necessary for public health, welfare or safety. In no event shall delay be for more than one hun-dred eighty (180) days.

VIII. Penalties for Violations Any person or persons violating any provision of this section shall be fined fifty dollars ($50) for each

separate violation. Each and every day during which a violation continues shall be deemed to be a sepa-rate offense. Notice of violations shall be issued by the building inspector.

IX. Separability If any provision of this chapter or the application thereof to any person or circumstances is held

invalid, the remainder of the chapter and the application of such provisions to other persons or circum-stances shall not be affected thereby.

Appendix B

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Appendix BCity of La Crosse’s Archaeological Preservation Ordinance

Municipal Ordinance 7.07

A. Purpose and Definition of Archaeological Significant Resources .

1. The purpose of this ordinance is to preserve the archaeological resources within the City of La Crosse and to insure that such resources will be properly considered during development and construction activities occurring within districts or areas considered to be archaeologicallysignificant.

2. Archaeological significant resources are defined as follows:

a. Association with events that have made a significant contribution to the broad patterns of history.

b. Association with the lives of persons significant in the past.

c. Embodiment of the distinctive characteristics of a type, period, or method of construction or that represent the work of a master or that possess high artistic values.

d. Representation of a significant and distinguishable entity whose components may lack individual distinction.

e. Yielding or likely to yield, information important in history or pre-history.

B. Boundaries.The boundaries of an Archaeological District are as defined by the Common Council or as how they

are described in the latest Determination of Eligibility Form for nomination to the National Register ofHistoric Places. Copies of a map of the boundaries of Archaeological Districts are on file with theWisconsin State Historical Society, the City Planning Department, and the City Inspection Department.

C. Regional Qualified Archaeologist.

The Regional Qualified Archaeologist shall mean any individual who meets all of the followingrequirements:

1. Has a graduate degree in archaeology, anthropology, or a close related field.

2. Has at least one year of full-time professional experience or equivalent specialized training in archaeological or physical anthropological research, administration or management.

3. Has at least four months of supervised field and analytic experience in the region.

The Mississippi Valley Archaeological Center may provide a regional qualified archaeologist, at nocost, subject to discretion of the landowner.

D. Demolition, Excavating, Building & Development

Any person performing demolition, excavating, building, or development requiring a permit from theCity of La Crosse within an Archaeological District shall notify the City of La Crosse InspectionDepartment or its designee not less than two full working days prior to commencing activities disturbingmore than 20 square feet of soil to a depth of two feet or greater except in the case of emergency excava-tions as approved by the Director of Public Works or the Director of Building and Inspections. Such noticeshall be in writing and shall include a description and location of the proposed work, the depth and areaof the proposed soil disruption, and the proposed date and time of commencement of such work.

E. RegulationsAny person, persons or entity receiving a permit for demolition, excavating, building or development

to be done in an Archaeological District that includes soil disturbance of more than 20 square feet to adepth of two feet or greater shall as a condition of such permit:

1. Provide an Archaeological Survey by a regional qualified archaeologist of the site affected by the permit or provide unlimited and uninhibited access by the Regional Qualified

Archaeologist to the site of any such demolition, excavating, building or development that includes disturbing more than twenty square feet of soil to a depth of two feet or greater during any period when excavation or soil disruption is taking place, and after archaeological artifacts are found, subject to reasonable safety requirements and

2. The Permittee and any agents of permittee shall stop work immediately and notify the City Inspection Department or the Regional Qualified Archaeologist if any artifacts, human remains, or other clear evidence of historic or prehistoric activity are discovered during excavation or earthwork activities. The Regional Qualified Archaeologist shall evaluate the site by the end of the next weekday excluding holidays following such notification. If signifi-cant archaeological resources are found, the Regional Qualified Archaeologist shall have up to three additional consecutive week days excluding holidays after the initial notification as described above to continue investigation of the site. No additional work may be done by the permittee or permittee’s agents during this period that would interfere with the archaeologicalinvestigation.

If no significant archaeological resources are found by the Regional Archaeologist, work on demolition, excavating, building or development that includes disturbing more than twenty square feet of soil to a depth of two feet or greater may resume immediately and the parcel may be removed from the boundaries of the Archaeological District, if such removal is approved by the Historic Preservation Commission. If the Regional Archaeologist does not investigate the site by the end of the next week day excluding holidays following notification of the City Inspection Department of the presence of archaeological artifacts, human remains, or other clear evidence of historic or prehistoric activity, work may be resumed on the second day following such notification. If an Archaeological Survey performed by a Regional Qualified Archaeologist finds no archaeological significant remains the parcel may be removedfrom the boundaries of the Archaeological District upon approval of the Historic Preservation Commission.

3. The permittee and any agents of permittee shall agree that any archaeological artifacts discov-ered will remain the property of the land owner upon whose land the artifacts were found. No artifacts may be removed from the property of the land owner without the landowner’s written permission unless an itemized inventory report of all artifacts removed is provided to the land owner signed by the Regional Qualified Archaeologist. Such artifacts may be held by the Regional Archaeologist for a reasonable period, not to exceed 12 months, for study and identification, but shall be returned to the land owner at the end of such period. Any human remains discovered shall be dealt with in accordance with applicable State and Federal law and

4. The requirements listed for permittees in an Archaeological District in paragraphs 1, 2 and 3 shall also apply to all City of La Crosse Departments, Utilities, contractors, and agents regardless of whether a permit is required for any proposed work in an Archaeological District, if thework will result in disrupting more than 20 square feet of soil to a depth of two feet or greater.(Ord. #3979 created 7/12/01)

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Appendix CState Register and National Register of Historic Places Questionnaire

Appendix C

61

the state and federal review procedures, but onlimited information. Therefore, Division staff can-not always evaluate correctly. You may decide tohave a nomination prepared even though theDivision’s staff feels that the property is not eligi-ble.

It is the responsibility of the sponsors of nom-inations to submit to the Division the necessaryforms, photographs, and maps. Because nomina-tions are complex technical documents, requiringextensive research, the Division recommends thatyou hire an experienced nomination preparer tocomplete a nomination to state and federal stan-dards. Nomination preparation requires the abilityto describe architectural features, prepare an his-torical analysis, and closely adhere to rigoroustechnical instructions; skills which most first timepreparers find very difficult to master. A list ofnomination preparers is available upon requestand will be enclosed with our response to thisquestionnaire.

However, Division staff will send NationalRegister and State Register forms to

those who, in spite of this advice,wish to attempt to prepare

nominations. The publi-cation, How to

Complete theNational RegisterRegistration Formis a necessary ref-erence for the

accurate com-pletion of a

The State Register and the National Registergive recognition to properties significant inAmerican history, architecture, archeology, engi-neering, and culture. A property becomes “listed”in the State and National registers after a nomina-tion form documenting the historic significance ofthe property is approved by the WisconsinHistoric Preservation Review Board and the StateHistoric Preservation Officer, who is the adminis-ter of the Wisconsin Historical Society’s Divisionof Historic Preservation. In addition, NationalRegister nominees require approval of theNational Park Service.

Before you decide to invest the substantialtime and energy in the preparation of a nomina-tion form, you may wish to consider our prelimi-nary opinion regarding the property’s eligibility.After you have submitted the completed“Nomination Questionnaire” with recent photo-graphs, to the Division of Historic Preservation,Division staff will evaluate the prop-erty and inform you of the pre-liminary staff opinion of eli-gibility. Your materialswill not be returned toyou. Keep in mindthat the opinion ofeligibility is merelya staff opinionbased on a familiar-ity with NationalRegister andState Registercriteria and with

State Register and National Register of Historic Places Questionnaire

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nomination. Upon request, the Division of HistoricPreservation will provide a complimentary copyof Wisconsin’s Supplementary Manual, whichexplains the format and materials required fornominations in Wisconsin.

Important Financial Information. Owners ofincome-producing National Register propertiesmay apply for a 20% federal investment tax credit,plus a 5% state “piggyback” credit, for certifiedrehabilitation expenses. Owner-occupants of his-toric houses listed in the National Register or theState Register may apply for a 25% State investment tax credit for certified rehabilitation

expenses. If you are considering nominating yourhome in order to claim a state tax credit, pleasecontact Jim Sewell; otherwise, if your goal is tonominate an income-producing building so thatyou can receive federal and state tax credits, con-tact Brian McCormick. If you plan to apply for thetax credits, the “Part I: Evaluation of Significance”should be completed instead of this questionnaire.Questions and inquiries about the tax certificationprocess should be directed to Jim or Brian.

Questions about the National Register or StateRegister Questionnaire or nomination procedureshould be directed to Marie North.

Appendix C

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NOMINATION QUESTIONNAIRE

What is the historic name of this property? ____________________________________________

What is the current name of this property? ____________________________________________

I wish to nominate this property because (check one or more boxes):

❑ National Register and State Register listing is an honor

❑ I seek financial assistance (see p. 60) in maintaining or rehabilitating the property

❑ This building is my primary residence

❑ This is an income producing property (commercial or residential rental)

❑ I wish to protect this property

❑ This property is threatened with demolition or destruction

Where is the property located?

If a city or village please provide:

street and number ________________________________________________________

village or city __________________________county __________________________

OR

If an unincorporated or rural area please provide

road or nearest road __________________________________________________________

name of civil town/township __________________________________________________

nearest village or city ______________________county ____________________________

section _____________, town __________ north, range ______________________________

Do you know any of the following information:

The architect’s name was ______________________________________________________

The builder’s name was ________________________________________________________

The date of construction was ____________________________________________________

List sources of information or attach photocopies (remember the more information that

is provided the better our staff is able to evaluate the property):

________________________________________________________page: ______________

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What alterations or additions were made since the building was built?

Please check one or more boxes where applicable.

❑ additions ❑ replacement siding or re-siding

❑ removal of porches ❑ removal of decorative details

❑ replacement doors and windows ❑ interior remodeling or updating

❑ moved from its original location

(if moved, why, from where and when?)

The dates of major alterations or additions were ________________________________________

Briefly describe any changes checked above:

What do you know about the history of the property? For statements of historical fact, please

indicate your sources of information (keep in mind that our evaluation may depend solely on

the information that you submit, therefore, your sources should be reliable).

List sources of information (or attach photocopies):

________________________________________________________ page: __________

________________________________________________________ page: __________

Appendix C

65

Significance of the property

Why do you think that this property should be listed in the National Register and the State Register?Please check one or more box below and briefly explain why the property is important.

The property illustrates an important aspect of local history through its:

❑ ethnic history ❑ agricultural history

❑ social or political history ❑ transportation history

❑ industrial or commercial history ❑ other

It is directly associated with a person or people who made important individual contributions to

(check one or more):

❑ social or political history ❑ agricultural history

❑ industrial or commercial history ❑ other

It is architecturally or artistically distinctive because it:

❑ is an important example of an architectural style

❑ is an important example of vernacular (commonplace) architecture

❑ is an unusual or important kind of building or structure

❑ has an unusual method of construction

❑ is an important work of art

❑ is the work of a master architect or builder

This property is important because:

List sources of information (or attach photocopies):

________________________________________________________ page: ______________

________________________________________________________ page: ______________

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*PhotographsPlease submit clear, recent photographs that show all sides of the exterior of the structure, views of theinterior of the structure, and all associated outbuildings. The photographs cannot be returned, but willbecome a permanent part of our site records.

*MapPlease draw a simple sketch map of the lot on which the property is located. Include all structures,adjoining streets, and other major features. Photographs of the buildings should be keyed to this sketch.If the property is rural, please submit a plat map, county map or other detailed map and precisely markthe location.

Person completing questionnaire:

Name: _____________________________________

Address: _____________________________________

_____________________________________ telephone: (____) ____________

Owner (if different than above)

Name: _____________________________________

Address: _____________________________________

_____________________________________ telephone: (____) ____________

RETURN FORM AND RECENT PHOTOGRAPHS TO:

Division of Historic PreservationWisconsin Historical Society816 State StreetMadison, Wisconsin 53706

Division of Historic Preservation

Wisconsin Historical Society816 State StreetMadison, WI 53706-1482

NONPROFITORGANIZATIONU.S. POSTAGE

PAIDPERMIT NO. 430