Historic Preservation Requirements: Local Landmarks, Districts, and Design Review Processes

Identifying and applying historic preservation regulations that govern work on locally designated landmarks, properties within historic districts, and structures listed on or eligible for the National Register of Historic Places, including the Section 106 review process, the Secretary of the Interior's Standards for Rehabilitation, and the role of local landmarks commissions and design review boards during the programming and analysis phase.

ARE · Programming & Analysis

Overview

When a project site includes a designated landmark, sits inside a historic district, or involves a building listed on (or eligible for) the National Register of Historic Places, an entire layer of regulation kicks in before you draw a single line. These rules exist to protect the physical fabric and character of places that carry historical, architectural, or cultural significance.

For the ARE, Objective 2.3 asks you to determine and understand specialty regulations that apply to a particular site, and historic preservation is called out explicitly. You need to know which regulatory bodies have jurisdiction, what review processes apply, and how preservation requirements constrain (or redirect) design options during programming.

Three regulatory frameworks commonly overlap on preservation projects. Federal law centers on the National Historic Preservation Act of 1966 and its Section 106 review process, which applies whenever a federal agency carries out, approves, or funds a project that could affect historic properties. State Historic Preservation Offices enforce state-level registries and review requirements. Local landmarks commissions regulate designated landmarks and historic districts through permit and certificate processes. An architect working on a historic property may need to satisfy all three simultaneously.

The Secretary of the Interior's Standards for Rehabilitation provide the common technical benchmark across these frameworks. Originally created for federal tax incentive projects, they have been adopted by local commissions and state agencies nationwide. Understanding these ten standards and how review boards apply them is a programming-phase responsibility that directly affects scope, schedule, and feasibility.

Essential

Historic preservation regulation operates on three levels, and an architect doing programming-phase analysis needs to identify which apply to the project site. Missing one of these layers can derail a project months into design. ## The National Historic Preservation Act and Section 106 The National Historic Preservation Act of 1966 (NHPA) created the National Register of Historic Places and established the framework for federal historic preservation policy. Section 106 of the NHPA is the enforcement mechanism. It requires federal agencies to consider the effects of projects they carry out, approve, or fund on historic properties. The Advisory Council on Historic Preservation (ACHP) administers the Section 106 process. Section 106 encourages preservation but does not mandate it. Sometimes a needed project cannot proceed without affecting historic properties.

Professional

Consider an architect hired to assess a 1920s former department store for adaptive reuse as a mixed-use development. The building sits within a locally designated historic district and is individually listed on the National Register. The developer plans to use federal Historic Preservation Tax Incentives. Three distinct regulatory layers apply simultaneously: the local landmarks commission controls exterior and potentially interior alterations through its permit process, the SHPO reviews the project for compliance with state-level requirements, and the National Park Service evaluates whether the rehabilitation qualifies as a Certified Rehabilitation under 36 CFR Part 67 for the tax credits. The architect's first task during programming is to identify the character-defining features.

TLDR

Section 106 of the NHPA (1966) requires federal agencies to consider effects on historic properties before making decisions; applies to any project with federal funding, permits, or agency involvement.
National Register eligibility requires three things: significance, age (generally 50+ years), and integrity (evaluated across seven aspects: location, design, setting, materials, workmanship, feeling, association).
The Secretary of the Interior's Standards for Rehabilitation (36 CFR 67) are the universal benchmark; ten standards govern how historic properties can be altered while preserving character.
Four treatment types exist: preservation (most conservative), rehabilitation (most common), restoration (return to specific period), reconstruction (most limited application).
Local landmarks commissions regulate designated landmarks and historic districts through permits and Certificates of Appropriateness; these restrictions apply to private owners regardless of federal involvement.
The IEBC defines historic buildings by three criteria: National Register listed/eligible, state/locally designated, or contributing resource in a historic district; Chapter 12 provides code relief.
Standard 6 establishes a repair-first hierarchy: repair before replacing, and replacement must match the original in design, color, texture, and visual qualities.
Standards 9 and 10 govern new additions: must be compatible with the historic property but differentiated from it, and removable without impairing the historic form.
During programming, always verify National Register status, local designation, district boundaries, and whether funding or permits trigger Section 106 review.

ELI5

Think of a historic building like a family heirloom. You can still use it, you can even fix it up, but you can't just smash it apart and glue it back together however you want. There are rules about how you treat it, and people who check your work. So who makes these rules? Three groups. First, the federal government. Back in 1966, Congress passed a law called the National Historic Preservation Act. It created a list of special places called the National Register of Historic Places. When the government is paying for a project or giving it a permit, there is a review process (called Section 106) to make sure nobody accidentally wrecks something historic. Think of it as the government saying, "Before you bulldoze anything with our money, let's check if it matters.

AREProgramming & Analysis

Historic Preservation Requirements: Local Landmarks, Districts, and Design Review Processes

2 min read246 words

Why Historic Preservation Rules Shape Your Programming Decisions

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