HomeMy WebLinkAboutPreservation Tools - Annual Meeting 2009 - Part 1
Preservation Tools for Problem Solving
Preservation Tools for Problem Solving What’s your problem?
Preservation Tools for Problem Solving
Preservation Tools for Problem Solving
Preservation Tools for Problem Solving What is the property? • Is it historically or architecturally significant? • Does it have integrity? • Is it eligible for listing in the National
Register? Individual building Complex Historic district
Preservation Tools for Problem Solving Who owns the property? • The person making the inquiry • Another private property owner • Local, state or federal government
Preservation Tools for Problem Solving What is the source of the threat? • The owner • Intent to alter or destroy • Well-intended but poorly-executed actions • Local, state or federal
government • Federally funded, licensed or permitted undertaking • Eminent domain • Code issues • Natural disaster • Deferred maintenance
Preservation Tools for Problem Solving Who are the players? • Do you represent an organization or are you acting alone? • Who is with you? Who is against you? • Media • Government •
Local preservation groups • Private property owners • Preservation groups • Neighborhood associations
Preservation Tools for Problem Solving Preservation Tools and Strategies Partnerships Identification Designations Legal Protections Planning Financial Publicity
Preservation Tools for Problem Solving Problems: “We’re working all alone out here. Can anyone help us out?
Preservation Tools for Problem Solving: Partnerships • County Historical Commissions • Heritage and Historical Societies • Archeological Stewards • Neighborhood Associations • Elected
Officials Statewide Groups • Preservation Texas • Texas Archeological Society • Texas Historical Foundation • Texas State Historical Association • Daughters of the Republic of Texas
State and National Organizations such as the National Trust for Historic Preservation, and groups interested in promoting and preserving specific property types, including: • Bridges
• Dance Halls • Modern Architecture
Preservation Tools for Problem Solving Problems: “We want preserve the historic properties in our town, but we don’t know where to start.” “We need to set preservation priorities in
our community” “We’d like to have a project that gets our community members involved in preservation.”
Preservation Tools for Problem Solving: Identification Historic Resources Survey • Part of a broader preservation planning effort • Essential if you plan to pursue historical designations
• Helpful if you are experiencing or expect the loss of historic resources • Community members can participate
Preservation Tools for Problem Solving: Identification Scope of Survey • County • City or Town • Neighborhood Survey can be based on geographic area or theme. Historic district nominations
require the survey of all properties in given area.
Preservation Tools for Problem Solving: Identification Survey Guidelines & Helpful Publications
Preservation Tools for Problem Solving: Identification Helpful primary source material includes historic photographs, tax records, city directories, fire insurance maps
Preservation Tools for Problem Solving: Identification Survey Products: Survey Forms, Inventory, and Database
Preservation Tools for Problem Solving: Identification Survey Products: Photographs and Photo Log
Preservation Tools for Problem Solving: IdentificationSurvey Products: Maps
Preservation Tools for Problem Solving: Identification Survey Products: Summary Report & Recommendations • History/Context of Survey Area • Detailed Discussion of Survey Methods & Results
• Analysis of Neighborhoods & Individual Properties • Evaluation of Significance/Eligibility for Designations • Recommendations for Future Action: Planning Report and survey materials
kept locally and at THC
Preservation Tools for Problem Solving Problems: “We want to legally protect our historic properties.” “We want to document our historic properties so that everyone is aware of their
importance.” “We seek preservation funding and wish to improve our chances over other properties.” “We want a marker or plaque.”
Preservation Tools for Problem Solving: Designations Historical Designations • National Register of Historic Places • Recorded Texas Historic Landmark • State Archeological Landmark
• Historic Texas Cemetery • Local landmark designations
Preservation Tools for Problem Solving: Designations National Register of Historic Places Official federal list of districts, sites, buildings, structures, and objects significant in
American history, architecture, archeology, engineering, and culture • Administered by National Park Service, Keeper of the Register • Establishes criteria for evaluating historic properties
• Properties listed – or eligible for listing -in the National Register posses historic significance and integrity
Preservation Tools for Problem Solving: Designations Local, State, or National Significance Criteria for NRHP Evaluation • A Association with historic events or activities • B Association
with important persons • C Distinctive design or physical characteristics • D Potential to provide information about prehistory or history National Register of Historic Places
Preservation Tools for Problem Solving: Designations • Religious properties • Moved properties • Birthplaces or Graves • Cemeteries • Reconstructed properties • Commemorative properties
• Properties that have achieved significance within the last 50 years National Register of Historic Places Criteria Considerations Some properties are eligible only if special criteria
are met
Integrity: The ability of a property to convey its significance Preservation Tools for Problem Solving: Designations 1908 2008 • Location • Setting • Materials • Workmanship • Design
• Feeling • Association
Integrity: The ability of a property to convey its significance Preservation Tools for Problem Solving: Designations
• National Register listing itself does not obligate an owner to maintain or preserve the historic property. • Private property cannot be individually designated over the owner’s objection.
• Listing makes buildings eligible for federal rehabilitation tax credits. • Provides certification of the properties significance. • Provides for a state sales tax exemption on labor
costs for rehabilitation. • The nomination process takes about a year. Preservation Tools for Problem Solving: Designations National Register of Historic Places
Recorded Texas Historic Landmark Recorded Texas Historic Landmarks (RTHL) are properties at least 50 years old judged to be historically and architecturally significant. • Applications
for designation are made through the County Historical Commission and approved by the Texas Historical Commission. Preservation Tools for Problem Solving: Designations
• Marker is installed on the building or on a post in front. • Owner must notify the THC 60 days prior to making changes to the exterior of the building. • If the proposed work will
damage the historic integrity or character of the property, the notification period can be extended to a total of 90 days to provide time for negotiation. • There is no procedure for
owners to “return” the marker and de-designate the property. • Provides recognition of the property’s historic significance. • Designation transfers with the property to future owners,
providing some protection from future inappropriate changes or demolition. Preservation Tools for Problem Solving: Designations Recorded Texas Historic Landmark
•Archeological sites •Historic buildings and structures (if already listed in the National Register of Historic Places) •Offers protection of historic properties on non-federal public
lands and those on private property if the THC has the private landowner permission. •SAL designations protect these sites in perpetuity and these sites cannot be taken, altered or damaged
with a permit from the THC. State Archeological Landmarks Preservation Tools for Problem Solving: Designations
Historic Texas Cemetery • Official recognition of family and community graveyards and encourages preservation of historic cemeteries • Provides for the recordation of the cemetery into
the county deed records as a historically dedicated property worthy of preservation Preservation Tools for Problem Solving: Designations
Local Historic Designations • Requirements and benefits vary • Usually provides some protection for the building, a delay in demolition at least • Programs with tax abatements usually
protect exterior of the building from alteration or demolition • Proposed changes are reviewed by a local landmark commission • Often stronger protections than most state designations
Preservation Tools for Problem Solving: Designations
Preservation Tools for Problem Solving Problems: “How can we protect our historic properties for the long term?” “How can we stop the government from ruining our historic properties?”
“There oughta be a law to protect our historic buildings!”
Preservation Tools for Problem Solving: Legal Protection Section 106 of the National Historic Preservation Act Antiquities Code of Texas Cemetery, Courthouse and Shipwreck Regulations
Historical Designations (RTHL, SAL, Local) Specific State Legislation Easements & Covenants
Preservation Tools for Problem Solving: Legal Protection Section 106 of the National Historic Preservation Act of 1966 Section 106 of the National Historic Preservation Act of 1966 requires
federal agencies to take into account the effects of their undertakings on historic properties, and afford the Advisory Council on Historic Preservation a reasonable opportunity to comment.
Preservation Tools for Problem Solving: Legal Protection Section 106 of the National Historic Preservation Act of 1966 • The federal agency consults with the Texas Historical Commission
(as SHPO) prior to approving the undertaking. • The Advisory Council becomes directly involved only if parties cannot come to an agreement, national issues are involved, or at the request
of one of the parties. • The public must be invited to participate in the consultation in a manner deemed appropriate by the agency. • Ultimately it is the federal agency’s responsibility
and decision whether to proceed with a project that has an adverse effect.
Preservation Tools for Problem Solving: Legal Protection Section 106 of the National Historic Preservation Act of 1966 Applicant must: • Describe the proposed project (Undertaking) •
Identify Area of Potential Effects (APE) • Identify Historic Properties in APE (“Historic Properties” = Eligible for or listed in the NRHP) • Determine whether the project will have
any effect on those properties: • No Historic Properties • No Historic Properties Affected • No Effect • No Adverse Effect • Adverse Effect • SHPO (THC) has 30 days to review each undertaking,
or request additional information.
Preservation Tools for Problem Solving: Legal Protection Section 106 of the National Historic Preservation Act of 1966 Adverse Effects may alter characteristics that contribute to eligibility
in a way that diminishes the historic integrity of the property. The effect may be direct or indirect, and include: • Physical destruction or damage • Inconsistent alteration • Change
in the character of the property’s use or setting • Introduction of incompatible visual or audible elements • Neglect and deterioration • Transfer, lease, or sale without protection
Adverse effects may include those that may occur later in time, be farther removed in distance, or be cumulative.”
Preservation Tools for Problem Solving: Legal Protection Antiquities Code of Texas Texas Natural Resource Code Title 9, Chapter 191 Enacted in 1969 with amendments in 1997. It created:
• State Archeological Landmarks • Antiquities Permits • Antiquities Advisory Board Antiquities Permits Issued for investigations on land owned or controlled by state agencies & political
subdivisions of the state, including: • Public school districts • Water or utility districts • Municipalities • Counties • Public authorities
Preservation Tools for Problem Solving: Legal Protection Historic County Courthouse Protection Chapter 442 of the Texas Government Code requires that counties notify the THC 180 days
in advance of demolishing, transferring, or damaging the historic integrity of a county courthouse. Many courthouses have additional protections including covenants and easements.
Historic Texas Cemetery Preservation Tools for Problem Solving: Legal Protection Neither the Texas Historical Commission (THC) nor any other state agency enforces cemetery laws. This
responsibility belongs to county and municipal law enforcement officials. Most of the Texas laws regarding cemeteries are in Chapters 694-715 of the Health and Safety Code. If a historic
cemetery is publicly owned by a state agency or political subdivision of the state (counties, cities, utility districts, etc.), the burials are protected as archeological sites under
the Antiquities Code of Texas
Preservation Tools for Problem Solving: Legal Protection Local Designations and Codes Your BEST way to protect historic buildings and districts! • Local designations may be offered to
protect individual buildings and historic districts. • Local landmark commissions should be involved in the building and demolition permit review process, guided by local preservation
criteria. • These designations are tailored to suit local needs, and may include tax abatements and other financial benefits. • Building codes often allow exceptions & variances for
historic buildings, and may allow “grandfathering” of existing conditions.
Preservation Tools for Problem Solving: Legal Protection Restrictions conferred with State Designations • SAL • RTHL New Legislation Easements/Covenants
Preservation Tools for Problem Solving: Legal Protection Historic preservation covenants/easements are voluntary legal agreements made between the property owner and a qualified organization
to protect significant historic properties, landscapes or archeological sites by restricting future development on the property. Under some circumstances property owners who enter into
a qualified preservation easement can receive tax benefits while still retaining ownership of the property. To receive the tax benefits, the easement must be for perpetuity. Deed covenants
and easements are filed with the county clerk.
Visit our website www.thc.state.tx.us for additional information, including links to the “Rules & Regulations” The website can also direct you to the appropriate staff reviewer and department.
Preservation Tools for Problem Solving: Legal Protection
Preservation Tools for Problem Solving Problems: “Preservation is not a concern of our local government” “Preservation is always an afterthought in our city.” “Our historic downtown
is dying.”
Preservation Tools for Problem Solving: Planning Certified Local Government (CLG) The CLG Program is a local, state and federal government partnership for historic preservation. It is
designed to help cities and counties develop high standards of preservation. Local governments that participate in the CLG Program act independently to develop and maintain a successful
preservation program. The Texas Historical Commission administers the program at the state level and the National Park Service is the responsible federal agency.
Preservation Tools for Problem Solving: Planning Certified Local Government (CLG) To qualify as a CLG, a local government must: • Enforce state and local legislation that protects historic
properties • Establish a qualified review commission composed of professional and lay members • Maintain a system for surveying and inventorying historic properties • Provide for public
participation in the historic preservation process, including recommending properties to the National Register
Preservation Tools for Problem Solving: Planning Certified Local Government (CLG) • CLG grants provide funding to city and county governments to develop and sustain effective local preservation
programs. • Grant may be used for surveys, nominations to the National Register, and other community-based preservation projects. • All CLG grants require a local cash dollar for dollar
match • Only non-federal monies may be used as a match, with the exception of Community Development Block Grants.
Preservation Tools for Problem Solving: Planning Texas Main Street Program The Texas Main Street Program helps Texas cities revitalize their historic downtowns and neighborhood commercial
districts by utilizing preservation and economic development strategies. The program began in 1981 and is affiliated with the National Trust for Historic Preservation. The program has
assisted more than 140 Texas cities and commercial neighborhood districts, ranging in population from less than 1,000 to more than 200,000 The program has resulted in the private reinvestment
of more than $1.3 billion.
Preservation Tools for Problem Solving: Planning Texas Main Street Program Benefits • Ongoing comprehensive training for Main Street managers and board members • Training for communities
in successful economic development approaches • A three-day, on-site evaluation and full report with recommendations • Design assistance • Consultation with downtown merchants about
visual merchandising and window display • Advice on heritage tourism programs and marketing
Preservation Tools for Problem Solving: Planning Visionaries in Preservation (VIP) The VIP Program empowers Texas communities to shape the future of their historic preservation efforts
through visioning and planning, and provides training and assistance tailored to achieve local preservation goals. • Builds partnerships among diverse groups and interests • Fosters
preservation leadership • Develops unified preservation goals and action plans • Participating cities receive priority status for local training and assistance from the THC • Enhances
capability to secure grants and funds for preservation projects
Preservation Tools for Problem Solving Problems: “We need money!”
Preservation Tools for Problem Solving: Financial Federal Preservation Tax Credits 20% Credit 10% Credit State sales tax benefits Local tax abatements Texas Preservation Trust Fund Grants
THC History Museum Grants Other grant sources Grant writing workshops offered by Friends of the THC
Preservation Tools for Problem Solving: Financial Federal Preservation Tax Credits * For Commercial Properties Only * 20% Credit for certified historic buildings, including buildings
listed in the National Register. THC and NPS review required. Tax credit application must be filed before building placed into service. 10% Credit for noncertified, non-listed buildings
built before 1936. No state sales tax on labor or materials for any buildings listed in the National Register
Preservation Tools for Problem Solving: Financial Texas Preservation Trust Fund Grants The THC awards grants for preservation projects from the Texas Preservation Trust Fund, created
by the Texas Legislature in 1989 The funds are distributed yearly as matching grants for the acquisition, survey, restoration, preservation or for the planning and educational activities
leading to the preservation of historic properties, archeological sites and associated collections of the State of Texas. Competitive grants are awarded on a one-to-one match basis and
are paid as reimbursement of eligible expenses incurred during the project.
Preservation Tools for Problem Solving: Financial THC Museum Grants Applicants must be organized and permanent nonprofit institutions in Texas whose primary mission is to serve as a
history museums, with operating budgets of $350,000 or less Must have a staff of at least one person, paid or unpaid, who devotes time primarily to object acquisition, care and exhibition.
Must display objects to the public on a regular schedule at least 90 days per year. The maximum grant amount is $1,000.
Preservation Tools for Problem Solving Problems: “They’re going to tear down our historic school!” “Nobody knows about the preservation work we’re already doing.”
Preservation Tools for Problem Solving: Publicity Engage the media! Newspaper Radio Television Create a website or blog Post to listserves