Designated landmark

A designated landmark is an officially recognized historic building or structure. For historic landmarks or places in the United States, the terms "designated" and "designation" have official meanings,[1][2] as determined by U.S. government agencies or a local Landmarks Preservation Commission or similar agency. The procedures for approving a designated landmark involve specific activities in each case.

Within the U.S., National Historic Landmarks are officially designated[1][2][3] by the Secretary of the Interior after a lengthy nomination and selection process to determine eligibility. The properties are chosen due to their broad historic value from a nationwide perspective across the entire United States.[1][2][3] By 1999, almost 2,300 properties had been designated as U.S. National Historic Landmarks.[3]

Local properties, with only limited historic impact, can be listed instead on the National Register of Historic Places.[1][2] Owners of a property can refuse a nomination and prevent that property from being designated.[1] Once designated, a property retains its original ownership, and the owner can make any changes without restriction. However, if a property is heavily modified, to lose its historic value, then the designation can be removed.[1] There are U.S. federal funds available to help maintain designated properties, or help to guide privately funded changes, so as to not ruin the historic value of a designated landmark.[1][2]

Types of National Historic Landmarks

U.S. National Historic Landmarks are buildings, sites, districts, structures, and objects that have been determined by the Secretary of the Interior to be nationally significant in American history and culture.[1][2][3] Many of the most renowned historic properties in the U.S. are Landmarks. Examples: Mount Vernon, Pearl Harbor, the Apollo Mission Control Center, Alcatraz, the Martin Luther King Birthplace in Atlanta, Georgia, Fair Lane,[2] and Mackinac Island (the site of Fort Mackinac and the northern headquarters of Astor's American Fur Company until 1840)[2] are U.S. landmarks that illustrate important contributions to U.S. historical development.

NHL selection process for designation

Potential Landmarks are identified primarily through theme studies[1][2] undertaken by the National Park Service; these studies provide a comparative analysis of properties associated with a specific area of American history, such as Labor or Women's History. The historic importance of these potential Landmarks is evaluated by the National Park Service and the National Park System Advisory Board,[1][2] twice yearly at meetings that are open to the public. The Advisory Board includes citizens who are national and community leaders in the conservation of natural, historic, and cultural areas. Recommendations by the Advisory Board are made to the U.S. Secretary of the Interior on potential National Historic Landmarks. Final decisions regarding National Historic Landmark designation are made by the Secretary of the Interior.[1][2] In most cases, designation by the Secretary occurs six to eight weeks following the Advisory Board's recommendation. Designation may be delayed if questions regarding the significance, physical condition, or boundaries of a potential Landmark are raised by the Advisory Board or the Secretary of the Interior. Nominations prepared by other Federal agencies, State Historic Preservation Officers, and individuals are accepted for review and represent an increasing number of nominations reviewed each year.[1]

NHL criteria in designation

The quality of national significance is ascribed to districts, sites, buildings, structures, and objects[1][3] that possess exceptional value or quality in illustrating or interpreting the heritage of the United States in history, architecture, archeology, technology, and culture;[1][3] and that possess a high degree of integrity of location, design, setting, materials, workmanship, feeling, and association, and meet any of the following criteria:

  1. Are associated with events that made a significant contribution to, and are identified with, or that outstandingly represents, the broad national patterns of United States history, and from which an understanding and appreciation of those patterns may be gained
  2. Are associated importantly with the lives of persons nationally significant in the history of the United States
  3. Represent some great idea or ideal of the American people
  4. Embody the distinguishing characteristics of an architectural type specimen exceptionally valuable for the study of a period, style or method of construction, or that represent a significant, distinctive and exceptional entity whose components may lack individual distinction
  5. Are composed of integral parts of the environment not sufficiently significant by reason of historical association or artistic merit to warrant individual recognition but collectively compose an entity of exceptional historical or artistic significance, or outstandingly commemorate or illustrate a way of life or culture
  6. Have yielded or may be likely to yield information of major scientific importance by revealing new cultures, or by shedding light upon periods of occupation over large areas of the United States. Such sites are those that have yielded, or which may reasonably be expected to yield, data affecting theories, concepts and ideas to a major degree.[1]

Ordinarily, properties not eligible for designation include:[1] cemeteries, birthplaces, graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations (see exceptions below), reconstructed historic buildings and properties that have achieved significance within the past 50 years. Such properties, however, qualify if they fall within any of the following eight categories:

  1. Religious property that derives its primary national significance from architectural or artistic distinction, or historical importance
  2. Buildings or structures moved from its original location but that is nationally significant primarily for its architectural merit, or for association with persons or events of transcendent importance in the Nation's history and the consequential association
  3. Sites of buildings or structures that no longer stand, but the person or event associated with it is of transcendent importance in U.S. history and the consequential association
  4. Birthplaces, graves, or burials, if of a historical figure of transcendent national significance and no other appropriate site, building, or structure directly associated with the productive life of that person exists
  5. Cemeteries that derive primary national significance from graves of persons of transcendent importance, or from an exceptionally distinctive design, or from an exceptionally significant event
  6. Reconstructed buildings or ensembles of buildings of extraordinary national significance, when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other buildings or structures with the same association have survived
  7. Property primarily commemorative in intent, if design, age, tradition, or symbolic value has invested it with its own national historical significance
  8. Properties that have achieving national significance within the past fifty years if of extraordinary national importance[1]

National Landmarks versus other Historic Places

Landmarks have been recognized by the Secretary of the Interior as possessing national significance.[1][2] Nationally significant properties help citizens understand the history of the U.S. and illustrate the nationwide impact of events or persons associated with the property, its architectural type or style, or information potential. A nationally significant property is of exceptional value in representing or illustrating an important theme in the history of the U.S. properties listed on the National Register are primarily of State and local significance.[1][2] With a State or locally significant property, its impact is restricted to a smaller geographic area. For example, many historic schools are listed on the National Register because of the historically important role they played in educating individuals in the community or State where they are located. Central High School, in Little Rock, Arkansas, is nationally significant because it was the site of the first major confrontation over implementation of the Supreme Court's 1954 decision outlawing racial segregation in public schools. The city's resistance led to President Dwight D. Eisenhower's decision to send Federal troops to enforce desegregation at this school in 1957.[1]

All National Historic Landmarks are included in the U.S. National Register,[1][2] which is the official list of historic properties worthy of preservation. Landmarks constitute more than 2300[1][3] of almost 76,000 entries in the National Register; the others are of State and local significance. The process for listing a property in the National Register is different from that for Landmark designation, with different criteria and procedures used. Some properties are recommended as nationally significant when they are nominated to the National Register, but before they can be designated as National Historic Landmarks, they must be evaluated by the National Park Service's National Historic Landmark Survey, reviewed by the National Park System Advisory Board,[1][2] and recommended to the Secretary of the Interior. Some properties listed in the National Register are subsequently identified by the Survey as nationally significant; others are identified for the first time during Landmark theme studies or other special studies. Both the National Historic Landmarks and the National Register programs are administered by the National Park Service under the Secretary of the Interior.

NHL review period for designation

The owners, highest local elected officials, State Historic Preservation Officers, and members of Congress representing the area where the potential Landmark is located are notified by the National Park Service of the opportunity to comment in writing to the National Park Service on the potential designation. These parties are provided 60 days to comment before the meeting of the Advisory Board's National Landmarks Committee. This Committee meets prior to the Advisory Board meeting to review the nominations in detail and provide a report to the Advisory Board on those properties that meet the criteria. Written comments are included in the documentation available to the Committee and the Advisory Board. Interested parties may also attend the National Landmarks Committee and Advisory Board meetings, and upon request may be given an opportunity to address the Committee and Board concerning a property's significance, integrity, and proposed boundaries. The regulations outline this aspect of the procedure in more detail; for more information refer to 36 CFR 65.5 'Designation of National Historic Landmarks"(c)(1)(h)(6).

Making changes to designated properties

Listing of private property as a National Historic Landmark or on the National Register does not prohibit, under U.S. Federal law or regulations, any actions that may otherwise be taken by the property owner with respect to the property. The National Park Service may recommend to owners various preservation actions, but owners are not obligated to carry out these recommendations. They are free to make whatever changes they wish if Federal funding, licensing or permits are not involved. (Questions regarding Federal involvement are answered in the next section.) Federal laws that involve National Historic Landmarks are listed in the Federal regulations governing this program, specifically in 36 CFR 65.2 "Effects of Designation" (c)(1-7).

Owners should keep in mind that State laws or local ordinances may affect National Historic Landmarks if these legal mechanisms recognize and protect Landmarks, independent of Federal law.

Refusing to allow designation

If a private owner, or the majority of private owners of a potential Landmark with multiple owners, object to Landmark designation, then the Secretary of the Interior cannot designate the property.

Retaining private access to designated properties

There is no requirement to grant public access, as a result of National Historic Landmark designation. The overwhelming majority of Landmarks are privately owned properties. Some grant sources, however, may require that recipients of funding make their property available to the public under very restricted circumstances.

Maintaining properties for historic value

The National Park Service monitors the status of Landmarks, and often contacts owners to discuss preservation needs. But while the NPS encourages owners to use the Secretary of the Interior's Standards for Historic Preservation Projects, owners are under no requirement to follow that guidance.

Federal, State, and local government-owned properties as well as private schools, institutions, and non-profit organizations are often recipients of Federal funding, and, therefore, would be affected by Federal laws. Surface mining, especially surface coal mining, is subject to Federal laws. There is also Federal legislation that affords some degree of protection to archeological sites and the artifacts contained in them. Private property owners of commercial or residential buildings are less likely to be directly affected. However, federally funded construction of highways, utility lines, or buildings may affect adjacent, privately owned historic properties.

Federal funding for designated properties

Federal funding or licensing of activities that affect historic properties are regulated principally by Sections 106 and 110(f) of the U.S. National Historic Preservation Act. Other Federal effects are listed in 36 CFR 65.2. Under Sections 106 and 110(f) of the Act, Federal agencies must "take into account" the effects of their undertakings on historic properties, and afford the Advisory Council on Historic Preservation an opportunity to comment on the undertaking and its effects. Implementing regulations of the Council may be found in 36 CFR Part 800, "Protection of Historic Properties," which establish a process of consultation with the State Historic Preservation Officer and the Council leading, in most instances, to agreement on how the undertaking proceeds. Steps in the process include identification and evaluation of historic properties that may be affected, assessment of the effects of the Federal action, and resolution of any adverse effects that would occur. If a Federal activity "directly and adversely affects" a Landmark, Section 110(f) of the Act also calls for Federal agencies to undertake 'such planning and actions as may be necessary to minimize harm to such Landmark.' As with Section 106, the agency must provide the Council with a reasonable opportunity to comment in accordance with 36 CFR Part 800.

Section 106 Process for designated properties

Many property owners of Landmarks and National Register properties have found the Section 106 process useful in ensuring that incompatible development projects or other actions funded, licensed, or initiated by Federal agencies are reviewed and modifications made when possible to avoid, minimize, or mitigate possible harm to historic properties. Examples of undertakings that would receive Section 106 review might include levee construction and other flood control measures that could destroy archeological sites; construction of a new four-lane, limited-access road through a rural historic district; and demolition, alteration, repair and rehabilitation of deteriorated homes in a historic neighborhood funded by Community Development Block Grant monies to local governments.

The Advisory Council has no veto authority over Federal agencies. It is important to keep in mind that the law does not forbid specific actions, even those damaging to historic properties. The purpose of the law is to require Federal agencies to consider the effects of their undertakings on the nation's historic properties. Once this has been accomplished, Federal agencies may choose to proceed with the undertaken as originally planned, modify it to mitigate damage to the property, or not undertake the project.

Section 106 duration

The time varies depending on the historic property, the anticipated effect, the proposed undertaking, the complexity of consultation and negotiation, and the extent of public interest or controversy. The regulations do, however, provide specific time limits for both State Historic Preservation Officer and Council action in response to agency requests for comment.

Section 106 use without designations

The law was specifically designed to extend Section 106 protection to historic properties not designated as National Historic Landmarks or listed on the National Register. Section 106 requires the implementation of Advisory Council review for properties listed on or determined eligible for listing in the National Register. Evaluations of historic significance are made for all properties potentially affected by Federal undertakings in the Section 106 process. If the property meets National Register criteria for listing, a determination of eligibility is made and the property becomes subject to the Section 106 process.

A determination of eligibility for National Historic Landmark status may also be made by the Secretary of the Interior when an owner objects to Landmark designation. This action is equivalent to a determination of eligibility for listing in the National Register. In other words, Federal undertakings are still reviewed.

Some potential Landmarks are already listed on the National Register, and thus an owner's objection to Landmark status does not halt implementation of Section 106. Section 110(f) of the law requires a higher level of attention for Landmarks adversely affected by Federal undertakings; this Section, however, does not apply unless the property is designated a National Historic Landmark.

Federal funds for preserving designated properties

Limited U.S. Federal grants through the Historic Preservation Fund are available;[1][2] Landmark owners should check with their State Historic Preservation Officer to find out about the availability of Federal and State funds. Often State and local governments have grant and loan programs available for historic preservation; these funds tend to be for small amounts. National Register listing is a condition for receiving grants and loans from many State and local governments, as well as private sources. Some funding sources give National Historic Landmarks higher priority for funding than other National Register properties. There are also Federal income tax incentives available[1][2] for donating easements and for rehabilitating income-generating historic buildings.

Other benefits for designated properties

If they wish, Landmark owners are provided with a free bronze plaque[1][2] to display at the Landmark. Plaques identify the name and Landmark status of the property and the date of designation.

The National Park Service provides technical preservation advice to owners of National Historic Landmarks. Questions regarding preservation issues are routinely answered by phone or letters, or during on-site visits by NPS staff. The following are other forms of assistance the NPS provides to owners:

See also

Notes

  1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 "National Historic Landmarks, Questions & Answers", U.S. National Park Service, June 2009, webpage: NPS-gov-NHL-QA: the text on that page is public domain to allow verbatim copying (of whole sentences, word for word).
  2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 "Introduction to Michigan's National Historic Landmark Program", Michigan Historical Center, Department of History, Arts and Libraries, October 2002, webpage: Mich-gov-HAL-124.
  3. 1 2 3 4 5 6 7 "SHPO - National Historic Landmarks in Minnesota", Minnesota Historical Society, St. Paul, MN, 2009, web: MNHS-SHPO-NHL.

References

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