ARCH 5325 Conservation Policies

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ARCH 5325Conservation Policies

• Chapter 4

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Chapter Four Legal Basis for Preservation

• 1966 Historic Preservation Act, Section 29, etal

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Secretary of Interior Standards

1. A property shall be used for its historic
purpose or be placed in a new use that requires
minimal change to the defining characteristics of
the building and its site and environment.
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• 2. The historic character of a property shall be
  retained and preserved. The removal of historic
  materials or alteration of features and spaces
  that characterize a property shall be avoided.

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• 3. Each property shall be recognized as a
  physical record of its time, place, and use.
  Changes that create a false sense of historical
  development, such as adding conjectural features
  or architectural elements from other buildings,
  shall not be undertaken.

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• 4. Most properties change over time those
  changes that have acquired historic significance
  in their own right shall be retained and
  preserved.

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• 5. Distinctive features, finishes, and
  construction techniques or examples of
  craftsmanship that characterize a property shall
  be preserved.

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• 6. Deteriorated historic features shall be
  repaired rather than replaced. Where the severity
  of deterioration requires replacement of a
  distinctive feature, the new feature shall match
  the old in design, color, texture, and other
  visual qualities and, where possible, materials.
  Replacement of missing features shall be
  substantiated by documentary, physical, or
  pictorial evidence.

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• 7. Chemical or physical treatments, such as
  sandblasting, that cause damage to historic
  materials shall not be used. The surface cleaning
  of structures, if appropriate, shall be
  undertaken using the gentlest means possible.

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• 8. Significant archeological resources affected
  by a project shall be protected and preserved. If
  such resources must be disturbed, mitigation
  measures shall be undertaken.

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• 9. New additions, exterior alterations, or
  related new construction shall not destroy
  historic materials that characterize the
  property. The new work shall be differentiated
  from the old and shall be compatible with the
  massing, size, scale, and architectural features
  to protect the historic integrity of the property
  and its environment.

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• 10. New additions and adjacent or related new
  construction shall be undertaken in such a manner
  that if removed in the future, the essential form
  and integrity of the historic property and its
  environment would be unimpaired.

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Main Street Program

• The Texas Main Street Program, part of the Texas
  Historical Commission's Community Heritage
  Development Division, helps Texas cities
  revitalize their historic downtowns and
  neighborhood commercial districts by utilizing
  preservation and economic development strategies.
  

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Main Street Program

• The program began in 1981 and is affiliated with
  the National Trust for Historic Preservation.
• The Texas Main Street Program is among the most
  successful downtown revitalization programs in
  the nation
• Has assisted more than 140 Texas cities through
  the program.

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• Has resulted in the private reinvestment of more
  than 1.3 billion in Texas downtowns and
  neighborhood commercial districts
• Helped create more than 23,000 jobs
• And the establishment of more than 5,900 new
  businesses.

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Visionaries in Preservation Program

• The Texas Historical Commission's Visionaries in
  Preservation 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.

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• Preserving a community's heritage does not just
  save a part of the past.
• Historic preservation is a vital part of a
  promising future.
• It creates new jobs
• provides affordable quality housing
• increases economic development and
• revitalizes downtown business districts.
• The Visionaries in Preservation Program helps
  communities develop a path to capture these
  benefits.

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• Visioning is a tool that brings a community
  together to develop a shared image of the future
  and form an action plan for achieving that
  vision.
• The process is based on four simple questions
• Where are we now?
• Where are we going?
• Where do we want to be?
• How can we get there?

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• Through the Visionaries in Preservation Program,
  communities can
• Build partnerships among diverse groups and
  interests
• Foster preservation leadership
• Develop unified preservation goals and action
  plans
• Receive priority status for local training and
  assistance from the THC
• Enhance capability to secure grants and funds for
  preservation projects

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• Texas Historical Commission (State Historic
  Preservation Office)
• Historic Preservation Officer
• Certified Local GovernmentsCLG Grant Programs
• Zoning Ordinances
• Urban Design and Historic Preservation
  Commissions
• County Historical Commissions

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• Federal Tax Credits
• Texas Historic Courthouse Preservation Program
• Texas Heritage Tourism Partnership Grants
• History Museum Grants
• Texas Preservation Trust Fund Grants

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Legal Means of Protection

• Restrictive Covenants
• A legal obligation imposed in a deed by the
  seller upon the buyer of real estate to do or not
  to do something.
• Usually "run with the land" and are enforceable
  on subsequent buyers of the property.

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• Restrictive Covenants Continued
• Examples might be
• to maintain a property in a reasonable state of
  repair
• to preserve a sight-line for a neighboring
  property
• not to run a business from a residence or
• not to build on certain parts of the property.

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Legal Means of Protection

• Real Estate Deed Restrictions
• Are restrictions on the deed that place
  limitations on the use of the property.
• Deed restrictions are usually initiated by the
  developers - those who determined what the land
  would be used for, divided the land into plots,
  and built homes, office buildings, or retail
  buildings on it.
• Deed restrictions come with the property and
  usually cant be changed or removed by subsequent
  owners.

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Legal Means of Protection

• Preservation Easements
• A preservation easement is a voluntary legal
  agreement that protects a significant historic,
  archaeological, or cultural resource.
• Provides assurance to the owner of a historic or
  cultural property that the property's intrinsic
  values will be preserved through subsequent
  ownership.
• The owner may obtain substantial tax benefits.

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• Preservation Easements
• Historic preservation easements are used to
  protect
• historic landscapes
• Battlefields
• traditional cultural places, or
• archaeological sites.

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• Under the terms of an easement, a property owner
  grants a portion of, or interest in, her property
  rights to an organization whose mission includes
  historic preservation.
• Once recorded, an easement becomes part of the
  property's chain of title and usually "runs with
  the land" in perpetuity, thus binding not only
  the owner who grants the easement but all future
  owners as well.