Historic Districts In The United States
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Historic districts in the United States are designated
historic district A historic district or heritage district is a section of a city which contains older buildings considered valuable for historical or architectural reasons. In some countries or jurisdictions, historic districts receive legal protection from c ...
s recognizing a group of buildings,
properties Property is the ownership of land, resources, improvements or other tangible objects, or intellectual property. Property may also refer to: Mathematics * Property (mathematics) Philosophy and science * Property (philosophy), in philosophy and ...
, or sites by one of several entities on different levels as historically or architecturally significant. Buildings, structures, objects and sites within a historic district are normally divided into two categories, contributing and non-contributing. Districts vary greatly in size: some have hundreds of structures, while others have just a few. The U.S. federal government designates historic districts through the
United States Department of Interior The United States Department of the Interior (DOI) is one of the executive departments of the U.S. federal government headquartered at the Main Interior Building, located at 1849 C Street NW in Washington, D.C. It is responsible for the man ...
under the auspices of the
National Park Service The National Park Service (NPS) is an agency of the United States federal government within the U.S. Department of the Interior that manages all national parks, most national monuments, and other natural, historical, and recreational propertie ...
. Federally designated historic districts are listed on the
National Register of Historic Places The National Register of Historic Places (NRHP) is the United States federal government's official list of districts, sites, buildings, structures and objects deemed worthy of preservation for their historical significance or "great artistic v ...
, but listing usually imposes no restrictions on what property owners may do with a designated property.
State State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...
-level historic districts may follow similar criteria (no restrictions) or may require adherence to certain historic rehabilitation standards. Local historic district designation offers, by far, the most legal protection for historic properties because most land use decisions are made at the local level. Local districts are generally administered by the county or municipal government.


History

The first U.S. historic district was established in
Charleston, South Carolina Charleston is the largest city in the U.S. state of South Carolina, the county seat of Charleston County, and the principal city in the Charleston–North Charleston metropolitan area. The city lies just south of the geographical midpoint o ...
in 1931, predating the U.S. federal government designation by more than three decades. Charleston city government designated an "Old and Historic District" by local ordinance and created a board of architectural review to oversee it.
New Orleans New Orleans ( , ,New Orleans
Merriam-Webster.
; french: La Nouvelle-Orléans , es, Nuev ...
followed in 1937, establishing the Vieux Carré Commission and authorizing it to act to maintain the historic character of the city's
French Quarter The French Quarter, also known as the , is the oldest neighborhood in the city of New Orleans. After New Orleans (french: La Nouvelle-Orléans) was founded in 1718 by Jean-Baptiste Le Moyne de Bienville, the city developed around the ("Old Sq ...
. Other localities picked up on the concept, with the city of Philadelphia enacting its historic preservation ordinance in 1955.'Philadelphia Historical Commission' http://www.phila.gov/historical/designation.html The regulatory authority of local commissions and historic districts has been consistently upheld as a legitimate use of government police power, most notably in ''Penn Central Transportation Co. v. City of New York'' (1978). The Supreme Court case validated the protection of historic resources as "an entirely permissible governmental goal." In 1966 the
federal government A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government (federalism). In a federation, the self-governin ...
created the National Register of Historic Places, soon after a report from the
U.S. Conference of Mayors The United States Conference of Mayors (USCM) is the official non-partisan organization of cities with populations of 30,000 or more. The cities are each represented by their mayors or other chief elected officials. The organization was founded i ...
had stated Americans suffered from "rootlessness." By the 1980s there were thousands of federally designated historic districts. Some states, such as Arizona, have passed
referendums A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
defending property rights that have stopped private property being designated historic without the property owner's consent or compensation for the historic overlay.


Property types

Historic districts are generally two types of properties, contributing and non-contributing.National Register Historic Districts Q&A
, South Carolina Department of Archives and History. Retrieved February 19, 2007.
Broadly defined, a contributing property is any property, structure or object which adds to the historical integrity or architectural qualities that make a historic district, listed locally or federally, significant.
, Maine Historic Preservation Commission. Retrieved February 19, 2007.
Different entities, usually governmental, at both the state and national level in the United States, have differing definitions of contributing property but they all retain the same basic characteristics.Ordinance No. 2001-02
, (
PDF Portable Document Format (PDF), standardized as ISO 32000, is a file format developed by Adobe in 1992 to present documents, including text formatting and images, in a manner independent of application software, hardware, and operating systems. ...
), Daville, California ordinance, California Office of Historic Preservation. Retrieved February 19, 2007.
In general, contributing properties are integral parts of the historic context and character of a historic district.Iowa City Historic Preservation Handbook
, (
PDF Portable Document Format (PDF), standardized as ISO 32000, is a file format developed by Adobe in 1992 to present documents, including text formatting and images, in a manner independent of application software, hardware, and operating systems. ...
), ''Iowa City Urban Planning Division''. Retrieved March 26, 2007.
In addition to the two types of classification within historic districts, properties listed on the National Register of Historic Places are classified into five broad categories. They are, building, structure, site, district and object; each one has a specific definition in relation to the National Register. All but the eponymous district category are also applied to historic districts listed on the National Register.


Federal-level

A listing on the National Register of Historic Places is governmental acknowledgment of a historic district. However, the Register is "an honorary status with some federal financial incentives."Strengths of Local Listing
, Working on the Past in Local Historic Districts, National Park Service. Retrieved February 20, 2007.
The National Register of Historic Places defines a historic district per
U.S. federal law The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as va ...
, last revised in 2004. According to the Register definition a historic district is:
a geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history.Title 36: Section 60.3
, Parks Forests and Public Property, Chapter One, Part 60. National Register of Historic Places. Retrieved February 19, 2007.
Districts established under U.S. federal guidelines generally begin the process of designation through a nomination to the National Register of Historic Places. The National Register is the official recognition by the U.S. government of
cultural resources A heritage asset is an item that has value because of its contribution to a nation’s society, knowledge and/or culture. They are usually physical assets, but some countries also use the term in relation to intangible social and spiritual inheritan ...
worthy of preservation.About the Register
," National Register of Historic Places, ''National Park Service''. Retrieved April 4, 2007.
While designation through the National Register does offer a district or property some protections, it is only in cases where the threatening action involves the
federal government A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government (federalism). In a federation, the self-governin ...
. If the federal government is not involved, then the listing on the National Register provides the
site Site most often refers to: * Archaeological site * Campsite, a place used for overnight stay in an outdoor area * Construction site * Location, a point or an area on the Earth's surface or elsewhere * Website, a set of related web pages, typical ...
, property or district no protections.Federal, State and Local Historic Districts
, Toolbox, FAQ, National Park Service. Retrieved February 19, 2007.
For example, if company A wants to tear down the hypothetical Smith House and company A is under contract with the state government of Illinois, then the federal designation would offer no protections. If, however, company A was under federal contract the Smith House would be protected. A federal designation is little more than recognition by the government that the resource is worthy of preservation. In general, the criteria for acceptance to the National Register are applied consistently, but there are considerations for exceptions to the criteria and historic districts have influence on some of those exceptions. Usually, the National Register does not list religious structures, moved structures, reconstructed structures, or properties that have achieved significance within the last 50 years. However, if a property falls into one of those categories and are " integral parts of districts that do meet the criteria" then an exception allowing their listing will be made. Historic district listings, like all National Register nominations, can be rejected on the basis of owner disapproval. In the case of historic districts, a majority of owners must object in order to nullify a nomination to the National Register of Historic Places. If such an objection occurred, then the nomination would become a determination of National Register eligibility only. This provision is controviersial because of the presumption that owners who do not file a formal objection support the designation, placing the burden on opponents.


State-level

Most
U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sove ...
governments have a listing similar to the National Register of Historic Places. State listings can have similar benefits to federal designation, such as granting qualification and tax incentives. In addition, the property can become protected under specific state laws. The laws can be similar or different from the federal guidelines that govern the National Register. A state listing of a historic district on a "State Register of Historic Places," usually by the
State Historic Preservation Office The State Historic Preservation Office (SHPO) is a state governmental function created by the United States federal government in 1966 under Section 101 of the National Historic Preservation Act (NHPA). The purposes of a SHPO include surveying an ...
, can be an "honorary status," much like the National Register. For example, in
Nevada Nevada ( ; ) is a U.S. state, state in the Western United States, Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. N ...
, listing in the State Register places no limits on property owners.Whaley, Sean.
State adds Goldfield to historic places registry
," ''Las Vegas Review-Journal'', December 24, 2005. Retrieved April 4, 2007.
In contrast, state law in
Tennessee Tennessee ( , ), officially the State of Tennessee, is a landlocked state in the Southeastern region of the United States. Tennessee is the 36th-largest by area and the 15th-most populous of the 50 states. It is bordered by Kentucky to th ...
requires that property owners within historic districts follow a strict set of guidelines, from the
U.S. Department of Interior The United States Department of the Interior (DOI) is one of the executive departments of the U.S. federal government headquartered at the Main Interior Building, located at 1849 C Street NW in Washington, D.C. It is responsible for the man ...
, when altering their properties.Kreyling, Christine. "Something Old, Something New," ''Planning''; August/September 2006, Vol. 72 Issue 8, p34-39, 6p. Retrieved April 4, 2007. Though, according to the National Historic Preservation Act of 1966, all states must have a State Historic Preservation Office, not all states must have a "state historic district" designation. As of 2004, for example, the state of
North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...
had no such designation.Nicholson, Scott.
Commissioners Address Alcohol Sales In Valle Crucis
," ''The Mountain Times'', August 5, 2004. Retrieved April 4, 2007.


Local-level

Local historic districts usually enjoy the greatest level of protection legally from any threats that may compromise their historic integrity because many land-use decisions are made at the local level. There are more than 2,300 local historic districts in the United States.
, Working on the Past in Local Historic Districts, National Park Service. Retrieved February 19, 2007.
Local historic districts can be administered at the
county A county is a geographic region of a country used for administrative or other purposesChambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French ...
or the
municipal A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the go ...
level; both entities are involved in land use decisions.Local laws as neighborhood guardians
," Working on the Past in Local Historic Districts (Section B), National Park Service. Retrieved October 5, 2009.
Local historic districts are identified by surveying historic resources and delineating appropriate boundaries that comply with all aspects of
due process Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual pers ...
. Depending on local ordinance or State law, property owners permission may be required; however all owners are to be notified and given a chance to share their opinion. Most local historic districts are constricted by design guidelines that control changes to the properties included in the district. Many local commissions adopt specific guidelines for the "''tout ensemble''" of each neighborhood, although some smaller commissions rely on the Secretary of Interior Standards. For most minor changes, homeowners can consult with local preservation staff at the municipal office and receive guidance on and permission for the changes. Major changes however, require homeowners to apply for a Certificate of Appropriateness (COA), and the changes may be decided upon by the historic commission or architectural review board. The COA process is carried out with all aspects of due process, with formal notification, hearings, and fair and informed decision making. According to the National Park Service, historic districts are one of the oldest forms of protection for historic properties. The city of
Charleston, South Carolina Charleston is the largest city in the U.S. state of South Carolina, the county seat of Charleston County, and the principal city in the Charleston–North Charleston metropolitan area. The city lies just south of the geographical midpoint o ...
is credited with beginning the modern day historic districts movement. In 1931 Charleston enacted an
ordinance Ordinance may refer to: Law * Ordinance (Belgium), a law adopted by the Brussels Parliament or the Common Community Commission * Ordinance (India), a temporary law promulgated by the President of India on recommendation of the Union Cabinet * ...
which designated an "Old and Historic District" administered by a Board of Architectural Review. Charleston's early ordinance reflected the strong protection that local historic districts often enjoy under local law. It asserted that no alteration could be made to any architectural features which could be viewed by the public from the street.Early Models
, Working on the Past in Local Historic Districts, National Park Service. Retrieved February 20, 2007.
Local historic districts, as in
New Orleans New Orleans ( , ,New Orleans
Merriam-Webster.
; french: La Nouvelle-Orléans , es, Nuev ...
and
Savannah, Georgia Savannah ( ) is the oldest city in the U.S. state of Georgia (U.S. state), Georgia and is the county seat of Chatham County, Georgia, Chatham County. Established in 1733 on the Savannah River, the city of Savannah became the Kingdom of Great Br ...
, predate the Register by 10 years or more as well.Brown, Kay. " Old Savannah," ''Chicago Defender'', November 17, 1973, p.22, col.3. Retrieved April 4, 2007. Local historic districts are most likely to generate resistance because of the restrictions they tend to place on property owners.Hu, Winnie. "Council Poised to Intervene on Enclave's Landmark Status," ''New York Times''; March 25, 2006, Vol. 155 Issue 53529, pB1-B5, 2p, 1bw. Retrieved April 4, 2007.Vandam, Jeff. "Brick Houses, Winding Paths and Unexpected Sharp Elbow," ''New York Times''; December 31, 2006, Vol. 156 Issue 53810, Section 14 p5-5, 1/3p. Retrieved April 4, 2007.Rochester Historic District expansion plan overreaches
," (
Editorial An editorial, or leading article (UK) or leader (UK) is an article written by the senior editorial people or publisher of a newspaper, magazine, or any other written document, often unsigned. Australian and major United States newspapers, suc ...
), ''Foster's Daily Democrat'', April 3, 2007. Retrieved April 4, 2007.
Local laws can cause residents "to comply with (local historic district) ordinances."Heuer, Ted. "Living History: How Homeowners in a New Local Historic District Negotiate Their Legal Obligations," ''Yale Law Journal''; January 2007, Vol. 116 Issue 4, p768-822, 55p. Retrieved April 4, 2007. The issue of local historic districts and the impact on property values is a concern to many homeowners. The effects have been extensively studied using multiple methodologies including before-and-after analysis and evaluating comparable neighborhoods with and without local designation status. Recent factual analysis has been conducted by independent researchers in a number of states, including New Jersey, Texas, Indiana, Georgia, Colorado, Maryland, North and South Carolina, Kentucky, Virginia, and elsewhere. As stated by economist Donovan Rypkema, "the results of these studies are remarkably consistent: property values in local historic districts appreciate significantly faster than the market as a whole in the vast majority of cases and appreciate at rates equivalent to the market in the worst case. Simply put – historic districts enhance property values." In a 2011 study ''Connecticut Local Historic Districts and Property Values'', it was found that "property values in every local historic district saw average increases in value ranging from 4% to over 19% per year." Similarly, in New York City between 1980 and 2000, local historic district properties on a price per square foot basis increased in value significantly more than non-designated properties.Glaeser, Edward, "Preservation Follies," http://www.city-journal.org/2010/20_2_preservation-follies.html Equally important, local historic district property values were found to resist market downturns better than historic non-designated properties. A recent study investigating the data on single-family residential mortgage foreclosures and comparable non-designated neighborhoods found that designated properties were significantly less likely to experience foreclosure.Broadbent, Kimberly A. (2011). Assessing the Impact of Local Historic District Designation on Mortgage Foreclosure Rates: The Case of Philadelphia. (Masters Thesis). University of Pennsylvania, Philadelphia, PA., 14 Local historic district designation has proven to protect property values from wild fluctuations and provides stability in the housing market.


Significance

The original concept of an American historic district was as a protective area surrounding more important, individual historic sites. As the field of
historic preservation Historic preservation (US), built heritage preservation or built heritage conservation (UK), is an endeavor that seeks to preserve, conserve and protect buildings, objects, landscapes or other artifacts of historical significance. It is a philos ...
progressed, those involved came to realize that the structures acting as "buffer zones" were actually key elements of the historic integrity of larger,
landmark A landmark is a recognizable natural or artificial feature used for navigation, a feature that stands out from its near environment and is often visible from long distances. In modern use, the term can also be applied to smaller structures or f ...
sites. Preservationists came to the view that districts should be more encompassing, blending together a mesh of structures, streets, open space and landscaping to define the historical character of a historic district.Bigolin, Steve
The Sycamore Historic District: Introduction
, Daily Chronicle, August 14, 2006. Retrieved February 20, 2007.
As early as 1981 the
National Trust for Historic Preservation The National Trust for Historic Preservation is a privately funded, nonprofit organization based in Washington, D.C., that works in the field of historic preservation in the United States. The member-supported organization was founded in 1949 by ...
identified 882 American cities and towns that had some form of "historic district
zoning Zoning is a method of urban planning in which a municipality or other tier of government divides land into areas called zones, each of which has a set of regulations for new development that differs from other zones. Zones may be defined for a si ...
" in place; local laws meant specifically to protect historic districts. Before 1966, historic preservation in the United States was in its infancy. That year the
U.S. Conference of Mayors The United States Conference of Mayors (USCM) is the official non-partisan organization of cities with populations of 30,000 or more. The cities are each represented by their mayors or other chief elected officials. The organization was founded i ...
penned an influential report which concluded, in part, that Americans suffered from a sense of "rootlessness." They recommended historic preservation to help provide Americans with a sense of orientation. The creation of the National Register of Historic Places in 1966, on the heels of the report, helped to instill that sense of orientation the mayors were looking for. The mayors also recommended that any historic preservation program not focus solely on individual properties but also on "areas and districts which contain special meaning for the community." Local, state and federal historic districts now account for thousands of historic property listings at all levels of government.Datel, Robin Elisabeth. "Preservation and a Sense of Orientation for American Cities," ''Geographical Review'', Vol. 75, No. 2. (Apr., 1985), pp. 125-141. Retrieved April 4, 2007.


See also

*
Adaptive reuse Adaptive reuse refers to the process of reusing an existing building for a purpose other than which it was originally built or designed for. It is also known as recycling and conversion. Adaptive reuse is an effective strategy for optimizing the o ...
*
Conservation area Protected areas or conservation areas are locations which receive protection because of their recognized natural, ecological or cultural values. There are several kinds of protected areas, which vary by level of protection depending on the ena ...
*
Historic district A historic district or heritage district is a section of a city which contains older buildings considered valuable for historical or architectural reasons. In some countries or jurisdictions, historic districts receive legal protection from c ...


References

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Districts A district is a type of administrative division that, in some countries, is managed by the local government. Across the world, areas known as "districts" vary greatly in size, spanning regions or counties, several municipalities, subdivisions o ...
Districts A district is a type of administrative division that, in some countries, is managed by the local government. Across the world, areas known as "districts" vary greatly in size, spanning regions or counties, several municipalities, subdivisions o ...
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