Local Preservation Law
Local historic preservation commissions promote sustained historic preservation initiatives in both towns and counties.
A local historic preservation plan is one of the most effective tools available for preserving heritage properties. The most effective plans are closely linked to the local land-use decision-making process.
In Maryland, the creation of such commissions is authorized and governed by Article 66 B of the Annotated Code for Maryland governing land use, which enables local governing boards to develop and implement a local ordinance and commissions to study and recommend designation of local historic districts and landmarks.
These laws protect individual sites and historic districts through a permitting process that requires advance review of proposed projects by a preservation commission, or other administrative body. Such projects can range from applications to replace a historic window or door to plans for a new addition, or even demolition. Today, more than 2,300 historic preservation ordinances have been enacted across the country.
While similar in many respects, preservation ordinances can differ widely. Limitations on state regulatory action or levels of political support for preservation are often different. Historic preservation ordinances are generally tailored to meet the individual needs of the community and the resources being protected.
Historic preservation commissions or design review boards administer most local ordinances. They are administrative bodies of local governments with members appointed by a mayor and/or legislative body that have interest and/or expertise in disciplines relevant to historic preservation. Commissions rule by majority vote and may have either binding or advisory review authority over historic designations or changes to historic properties. Some must be consulted regarding other land use actions affecting historic resources, such as a request for a variance or the subdivision of land. The historic preservation commission, however, is the governmental agency that grants or denies a permit to change historic property.
Besides establishing a preservation commission, historic preservation ordinances generally set forth procedures and criteria for the designation of historic properties, along with procedures and criteria for reviewing requests to alter, move or demolish such properties. Preservation ordinances also allow for consideration of hardship and other issues of special concern and establish a process for appeal and enforcement of its terms.
The Maryland Historical Trust administers the local government programs for the State of Maryland and is a resource for further information on historic district and preservation commissions throughout the state.