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Preservation Ordinances

10 Basic Elements to Include in Your Draft

Clearly state the ordinance’s public purpose.

Although historic preservation on its own is a

legitimate goal, many jurisdictions have found it

politically and legally necessary to link historic

preservation to broader community objectives.

1. Statement of purpose

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Include simple and concise explanations for technical terms to

avoid confusion over concepts that might not be easily understood.

2. Definitions

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Spell out the:

• commission’s position within

government

• number of members

• member qualifications

• terms of office

• number of members required for a

quorum

3. Creation of a

preservation commission

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Write out everything the preservation commission will have

the authority to do. Also outline the nature of the commission’s

decisions, whether required or recommended.

4. Powers and duties of the commission

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Establish objective and relevant

criteria for designating districts and

landmarks. In many cases, local

governments have used similar

criteria to those used for listing in

the National Register.

5. Criteria for designation

historic properties

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Explain who can nominate properties for designation; how and

when affected property owners are notified; how many public

hearings there are; and what the timetable for these actions is.

6. Procedures for historic designation

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Articulate what types of changes, such as

alterations or demolition, are subject to review

by the commission. In addition, fully explain the

standards, guidelines, and process of review.

7. Procedures for

reviewing changes

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This portion of the ordinance is its

“safety valve.” It sets forth the

process and criteria to be used in

determining whether an ordinance

imposes an economic hardship on

an owner.

8. Determining economic

hardship

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Ordinances must be enforced to be effective. Penalties can

range from fines to incarceration.

9. Penalties

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Most ordinances spell out a process

for appealing decisions rendered by

the preservation commission or

governing body. An appeals

provision helps ensure that a

citizen’s right to due process is not

diminished.

10. Appeal process

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Ten on Tuesday features ten preservation

tips each week. For more tips, visit

blog.PreservationNation.org.