Historic Preservation: Remembering The Nation’s Past While Preserving The Future
by Cameron R. Strause*
Historic preservation is taking place throughout the nation. City, State, and Federal Governments have all taken individual interest in Historic Preservation. However, most of the population overlook preservation going on in their community. The practice may not be as niche and far-fetched as many may think. Buildings, structures, sites, and objects are all eligible for recognition and protection by the government. In fact, if you’re fortunate, your property may be able to partake and even benefit from the federal government’s preservation mission.
Historic preservation has been growing rapidly since the National Register of Historic Places (NRHP) was established. This official list of the nation’s historic places began when the National Historic Preservation Act (NHPA) was enacted in 1966[1]. The Act became the first national policy dedicated to governing historic preservation, creating a well-defined process for historic preservation in the United States. Historic structures that would be affected by federal projects or projects using federal funds would now have to be documented by a set of standards issued by the Secretary of the Interior. The NHPA of 1966 was enacted primarily to address the importance of protecting our nation’s heritage from rampant federal development. 1n 1965, a committee for historic preservation was formed by President Lyndon B. Johnson. The committee wrote a report titled “With Heritage so Rich” that served as a “rallying cry” for the historic preservation movement in the United States[2]. The report and meeting came after over half of the 12,000+ buildings listed on the Historic American Building Survey (HABS) were demolished or damaged beyond repair. Id. This coupled with the destruction of New York’s Penn Station following a lengthy battle mounted enough pressure to make a change[3]. Finally, in 1966, the NHPA was put in place.
While the Act was enacted in 1966, historic preservation has been practiced much longer. The NHPA, passed 60 years after the Antiquities Act (54 U.S.C. §§320301-320303), was the culmination of a more than century old grassroots movement lead by committed preservationists. The earlier Antiquities Act is loosely related. It aimed to protect cultural resources by cutting off the smuggling, looting, and black-market sale of precious and often ancient antiquities.[4] After the Antiquities Act and before the NHPA came the Historic Sites Act. While these earlier acts were a step in the right direction, none had the large long-term impact that the NHPA has had.[5]
The NHPA included some major components. It officially set forth federal policy with the goal of preserving national heritage. The Act established a partnership between federal and Native American tribal groups as well as federal and state agencies. The selection of State Historic Preservation Officers was mandated and an advisory council to address Historic Preservation was also formed. The Act contained another component that was very important. Federal agencies would now be required to provide the public with a process for nominating properties to the NRHP.[6] This aspect would ultimately lead to the exponential increase of listings being added to the National Register.
Many programs and avenues have been put in place to facilitate historic preservation in the United States. The NHPA established the National Historic Landmark NHL Program. This program was established to encourage long term historic preservation through the designation of important sites and structures as historic landmarks. The program’s mission statement outlines what the designation of an NHL encompasses. The NHL’s mission statement provides as follows:
- Preserve the stories of nationally important historic events, places, and people for all Americans
- Help to protect the historic character of the property from any federal action
- Might facilitate eligibility for grants, tax credits, and other opportunities to maintain its historic character.[7]
NHL’s come in many shapes and sizes too. They range from objects and structures to historic buildings, sites, and entire districts. NHL’s are also quite numerous. The 2,600+ National Historic Landmarks are monitored by the program and provided with technical assistance. The National Park Service assists with the nomination and evaluation process of these landmarks. The landmarks are meant to highlight outstanding aspects of America’s history and culture.[8]
All NHL’s are listed on the National Register of Historic Places. While many people assume the NPS or other government agencies manage listings, most are owned by private citizens. In fact, it should be noted that fewer than four hundred NHL’s (16 percent) are owned by the federal government. Id. Designation of a property as a landmark does not relinquish ownership to the government. Normal property rights still apply to historic landmarks. Id. This may make listing a property on the register or as a landmark much more appealing. It is in no way a donation to the government. Instead, it lays a foundation for proper recognition and preservation of a property’s historical significance.
Landmarks must meet a set of criteria, like the NRHP criteria, to officially be listed. This criterion includes numerous details, but a couple of major components can be highlighted. The first set of criteria addresses national significance. Simply put, a landmark must posses exceptional quality in illustrating and interpreting the heritage of the United States. This may include landmarks that are associated with major events or ideas of the American people. This condition extends to properties of potential scientific value. A property may be listed if it has yielded and/or is likely to yield information of scientific significance. Indian burial mounds that are yet to be excavated could serve as an example of a landmark that falls under this qualification. The other major qualification includes properties associated with famous people and properties with religious aspects. This includes cemeteries, birthplaces, properties owned by religious institutions. It also includes exceptions such as reconstructed or moved buildings and exceptional sites less than 50 years old. Most importantly, all properties must illustrate or highlight some part of United States heritage.[9]
Now that a background on the NRHP has been provided, it is much easier to digest the criteria for a NRHP listing. Like landmarks, NRHP listings come in many different forms. These sites, buildings, and structures are all significant to American history, architecture, archaeology, engineering, and culture. The criteria for an NRHP listing can be summed up in a few points. Listings, “may be eligible if it represents the work of a master architect; is characteristic of a significant architectural movement; or if it is associated with significant events or persons in local, regional, or national history.” Properties must also be over 50 years old. There are rare exceptions, but 50 years is the usual standard. Groups of properties may be qualified as a historic district. A historic district still must meet the previously mentioned qualifications. Many people may be surprised to learn that their property fits the set of criteria.[10]
Listing a property on the NRHP or as an NHL may seem like more of a reality than originally thought. In most cases, a property owner can contact their State Historic Preservation Office (SHPO) to receive the forms and necessary steps for nominating a property to the National Register.[11] Other resources are readily available to make the process achievable for the average property owner. There is a national register bulletin publication solely dedicated to assisting people with the completion of the “National Register Registration Forms”. [12] The National Park Service website even outlines how properties are evaluated and other useful information.[13] Private property owners wanting to list or nominate their property for designation are likely to have questions. What effect is a listing going to have on my private property? Does a listing come with restrictions? Is listing my property beneficial? These are good questions, and there are thorough answers for all of them.
First, it feels necessary to go over restrictions or lack of restrictions associated with listing a property. The National Register does NOT restrict the property rights of private property owners. This leads many to wonder where the guidelines stand on renovations and remodeling historic properties. Is it allowed? Technically, the government has no ownership over a person’s private property. Therefore, it is completely legal to renovate or remodel a historic house or building. There are a couple exceptions to this liberty. First, federal, state, or local governments may regulate remodeling when government funds are invested. This does not apply if no government money has been received or invested. Second, a private property owner may conduct any renovations from simple remodeling to complete destruction. However, this could result in the removal of the property from the National Register. There would be no further consequences other than removal.[14] The lack of restrictions may serve to encourage property owners to nominate their properties for distinction.
While there do not seem to be any major downsides of listing a property, some people may not want their property listed. That is completely fine. The programs are not put in place to be invasive. Besides the obvious refusing to nominate a property, there are a couple steps a person can take to ensure a property isn’t listed. If a property has a single owner, the owner must submit a notarized statement verifying their objection to the listing to the SHPO. This will result in any previous nomination being terminated. The process is not much more complicated for properties that have multiple owners. Each owner gets a vote regarding whether they want a property listed on the National Register. The majority vote decides the outcome[15]. Clearly, the decision is put in the hands of the people. It is unclear what will occur if a vote results in a tie, although this outcome is probably extremely rare.
Guidelines have been put forth for owners to oppose the listing of a historic district. Most districts have multiple owners. Just like with a single property, a district with multiple owners takes a vote to approve or deny enlistment on the National Register. Obviously, whichever option receives the majority vote will determine whether a district is listed or not. Unfortunately, individual property owners cannot opt out enlistment on the NRHP if their district has been voted in. This is one of the rare times an individual property owner does not have the final determination. Fortunately, as previously mentioned, not much changes when a property or district is listed. There may be a couple of negative consequences associated with objecting to a potential property’s listing. When a property is unable to be listed due to objection, it becomes ineligible for Federal Preservation Grants and tax credits. A property can reverse its eligibility for grants and tax credits when it is listed. This requires the approval of the majority of property owners though.
It is important to discuss common benefits associated with adding a property to the NRHP. As previously mentioned, adding a property to the National Register qualifies it for a range of financial incentives. These include grants, tax deductions, or tax credits for qualified rehabilitation activities. Owners of listed properties can apply to the federal, state, or local government for historic preservation grants. Additional opportunities are available too. For example, the owner of an income producing property (rentals included) may be eligible for a 20% federal investment tax credit through the Federal Historic Preservation Tax Incentives Program. To qualify for this credit, a property must undergo a rehabilitation process according to a set preservation standard. There are incentives at the state level too. In Kentucky, all National Register property owners may be eligible for a historic rehabilitation tax credit. It does not matter whether the property is income producing or not. This credit can be claimed through the Kentucky Heritage Council or the State Historic Preservation Office. Some property owners may have concerns about how designation may affect property value. Fortunately for them, designation has not seemed to negatively affect property value. In some cases, it may even increase property value. With this in mind, the pros of listing a property on the National Register or as an NHL seemingly outweigh the potential cons.[16]
The Historic Preservation Act of 1966 paved the way for future historic preservation in the United States. Its impacts are far reaching, and thousands of reminders can be seen sprinkled throughout all 50 states. It made preservation accessible to the public through the NRHP and NHL Programs. This paper has provided information about the background of these programs and how to get started. The benefits of public participation in historic preservation are plentiful. Property owners are given opportunities to certain benefits, while maintaining ownership and private property rights. This active participation ensures that some of America’s greatest treasures as well as hidden gems, will be preserved. As a result, future generations of Americans will be given the chance to freely enjoy and learn about the landmarks that illustrate the United States’ rich heritage.
[1] 54 U.S.C. §300101, et seq.
[2] National Park Service, Historic Preservation, National Historic Preservation Act, How the NHPA Came About, https://www.nps.gov/subjects/historicpreservation/national-historic-preservation-act.htm (last updated December 1, 2022
[3] National Park Service, Historic Preservation, National Historic Preservation Act, How the NHPA Came About, https://www.nps.gov/subjects/historicpreservation/national-historic-preservation-act.htm (last updated December 1, 2022)
[4] National Park Service, Historic Preservation, Introduction, https://www.nps.gov/subjects/historicpreservation/introduction.htm (last updated January 13, 2015)
[5] National Park Service, Historic Preservation, National Historic Preservation Act, How the NHPA Came About, https://www.nps.gov/subjects/historicpreservation/national-historic-preservation-act.htm (last updated December 1, 2022)
[6] National Conference of State Historic Preservation Officers, National Historic Preservation Act of 1966, https://ncshpo.org/resources/national-historic-preservation-act-of-1966/ (last accessed April 19, 2023)
[7] National Park Service, National Historic Landmarks, Our Mission, Purpose of the National Historic Landmarks Program, https://www.nps.gov/subjects/nationalhistoriclandmarks/our-mission.htm#:~:text=Purpose%20of%20the%20National%20Historic%20Landmarks%20Program&text=Preserves%20the%20stories%20of%20nationally,property%20from%20any%20federal%20action. (last updated August 26, 2022)
[8] National Park Service, National Historic Landmarks Program, https://www.nps.gov/orgs/1582/index.htm (last updated August 26, 2022)
[9] National Park Service, Eligibility, Determining the Eligibility of a Property for National Historic Landmark Designation, https://www.nps.gov/subjects/nationalhistoriclandmarks/eligibility.htm (last updated August 29, 2018)
[10] Cornell Law School, Legal Information Institute, 36 CFR 60.4 – Criteria for evaluation, https://www.law.cornell.edu/cfr/text/36/60.4 (accessed April 19, 2023)
[11] National Park Service, National Register of Historic Places, How to List a Property, Where to Start, https://www.nps.gov/subjects/nationalregister/how-to-list-a-property.htm#:~:text=The%20National%20Register%20nomination%20process,to%20begin%20the%20nomination%20process (last updated November 17, 2022)
[12] National Park Service, National Register Bulletin, How to Complete the National Register Registration Program, www.nps.gov/subjects/nationalregister/upload/NRB16A-Complete.pdf (last updated 1997)
[13] How to List a Property, supra n. 12.
[14] National Park Service, National Register of Historic Places, FAQs, https://www.nps.gov/subjects/nationalregister/faqs.htm (last updated March 9, 2023)
[15] BG Independent News, Each Person and Property May be Limited to One Vote in Historic Preservation Districts, https://bgindependentmedia.org/each-person-and-property-will-be-limited-to-one-vote-in-historic-preservation-districts/ (last updated March 13, 2021)
[16] National Park Service, National Register of Historic Places, FAQs, https://www.nps.gov/subjects/nationalregister/faqs.htm (last updated March 9, 2023)
*Research Associate, Strause Law Group PLLC
BA Anthropology/Archaeology, Indiana University, Bloomington
Recipient, Allen Whitehill Clowes Charitable Foundation Internship