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Evaluating Historic Significance
"Evaluating Historic Significance" -- Presented at the Western Massachusetts ...
From Lee Wright
y
Julia H Miller
H
istoric preservation andthe law have been sur-prising but comfortahlehedfellows for well over a cen-
tury.
When
the
words "historicrrescrvation" are pronounced,however, visions
of
stately housesor monumental buildings ratherthan preservation ordinances or
easement agreements
readilycome to mind. Most people areunaware
of
the complex array
of
legal tools
that
generally liehehind a particular site's rehabil-itation
or
preservation.Important
laws
exist
at
thefederal, state, and local level
that
require preservation
in
somecases and encourage preservation
in
others. Behind these laws rest
publiC
policy considerations
that
attempt to balance the need topreserve
important
resourceswith
other
governmental objec-tives such
as
economic develop-ment and
that
also address therights
of
individual property o\vn-
ers
who may
be
affected.
Some
laws
limit or restrict changes tohistoric property while
others
seek to place preservation
on
equal footing with alternativecourses or actions, such
as
demo-lition and new construction.Historic preservation laws areimportant tools
that
can shape,
modify,
strengthen, or otherwiseimprove preservation programs.A basic understanding
of
the
laws
affecting historic preserva-tion will help you identify the
fuff
range
of
options available toprotect a historic building
or
archeological site. It will help youevaluate the strengths and weak-nesses
of
existing
laws
in yourcommunity and to understandthe limits
of
those laws whenfully implemented. Familiaritywith preservation law will alsohelp
you
respond to individual
threats
as
they
arise
and
tu
develop strategies
on
how best
to
avoid or reduce the likelihood
for
such threats in
the
future.
This
booklet explains the lawsand legal principles
that
protecthistoric resources. It provides abasic overview
of
the
laws
gov-erning historic resources
at
thefederal, state,
and
local level,along with a number
of
o t h ~ r
laws
thatcan
either
enhance
orrestrict historic resource protec-tion efforts. It also lists
reso"urces
on
preservation law
and
relatedissues designed to help you lindadditional information and advice.
o
fining the Hist ricResource: Pr
perry
Identification and Listing
The
first step in understandingpreservation laws
is
to determine
what
properties are subject to
protection. Historic
resourcesinclude a wide range
of
proper-ties ranging from buildings
andother
structures to archeologicalor culturally significant sites. Inmost cases, resources are identi-fied through a formal process
that
lists
bu
i1d
ings, structures,districts, objects, and sites in a
historic
register
or inventory
based
on
specific criteria.Historic resources (sometimescalled "heritage"
or
"cultural"resources)
may
be listed in any
of
three
types
of
registers:
The
National
Register
of
HistoricPlaces, a state register
of
historicplaces, or a local listing
of
his-toric landmarks and districts. Tobe eligible for listing, properties
Nc
rioQ'
I
Re ister
Criteria
T
he
National
Park
Service
applies specific criteria
to
evaluate
property
nominated
for
inclusion in
the
National
Register
of
Historic Places.
These
criteria, codified
at
36
C.ER.
§
60.4,
often
serve as
the
basis for listing in
state
and
local registers as well.
National
RegisterCriteria
for evaluation.
The
quality
of
significance in
American
history,
architecture,
archeology,engineering,
and
culture
is
present
in districts, sites, buildings,structures,
and
objects
that
possess integri
ty
of
kx:ation, design,setting, materials, workmanship, feeling,
and
association
and
(a)
that
are associated
with
events
that
have made a signifi-
cant
contribution
to
the
broad patterns
of
our
history;
or
(b)
that
are associated
with
the
lives
of
persons significanrin
our
past;
or
(c)
that
embody
the
distinoive
characteristics
of
a type,period,
or method
of
construction,
or
that
represent
the
work
of
a master,
or
that
possess
high
artistic values,
or
that
represent a significant
and
distinguishable
entity
whose
components
may lack individual distinction;
or(d)
that
have
yielded,
or
may be likely
to
yield, informa-
tion
important
inprehistory
or
history.must meet certain statutory crite-ria generally based
on
historical,architectural, archeological,
or
cultural significance.
National
Register
of
Historic
Places
Established under the HistoricSites
Act
of
1935, 16
USc.
§§
461
er.
seq.,
and expanded
by
the
National
Historic Preservation
Act
of
1966,
as
amended, 16
USc.
§§
470a er.
seq.,
the
National Register
is
the official listof historic resources at the nationallevel.
The
National
Registerincludes districts, sites, buildings,structures,
andother
objects
that
are significant in American his-tory,
architecture,
archeology,
Cover:
Dedsionsabout
localhistoric resources often
takeplace
at
dty
hall. In
additionto
Ululerstanding local law,preservationists
should
he
aware
o//ederal
and
statelaws tbat belp preserve his
tone
resources.
-Photo
byJames Ballard
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PRESERVATION
BOOKS
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Julia Miller Laypersonss Guide to Pres Law
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| Upload Date: | 10/21/2009 |
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