The legal issues that bear consideration in practicing historic preservation under New Jersey land use law involve understanding both state and local preservation laws. The following are significant steps and points to handle these legal issues effectively:
1. Finding Historic Designations and Regulations
Historic Designations: Determine if a property is listed on the New Jersey Register of Historic Places or is within a local historic district. Properties on these lists are subject to specific preservation policies.
Local Historic District Ordinances: Most local historic districts have ordinances that impose certain restrictions on their properties. These restrictions may include alterations, demolitions, and new construction to maintain the district’s historic quality.
2. Compliance and Permitting
Special Permits and Approvals: Changing a historic building generally requires special permitting or approval from the local historic commission or other relevant boards.
Alterations: Ensure that any proposed changes comply with preservation standards. This often means retaining original materials, architectural features, and the property’s overall look.
Demolition: Demolishing a historic property usually requires proof that no reasonable alternatives exist and that such demolition is necessary for the public interest.
New Construction: New construction in historic districts should complement the district’s historic character. The preservation commission often establishes design guidelines.
3. Hire a Land Use Attorney Who Specializes in Historic Preservation
Legal Counsel: A land use attorney with expertise in historic preservation can provide crucial legal counsel and interpret relevant laws and regulations. They can ensure your project meets the appropriate standards.
Documentation and Representation: The attorney will assist in creating detailed documentation necessary for permit applications and represent you in hearings before historic preservation commissions.
Negotiation: An attorney can negotiate with local authorities to balance your project objectives and historic preservation needs. Project plans may be modified to address preservation concerns while achieving your goals.
4. Proactive Community and Stakeholder Engagement
Historic Preservation Groups: Involve local historic preservation groups early in the process. Incorporating their concerns and priorities into the project plan can minimize opposition.
Public Outreach: Communicating with community stakeholders in advance can facilitate approvals. Committing to preserving historic character while pursuing development can garner public support.
5. Mitigation Strategies
Mitigation Plans: Develop mitigation plans to eliminate adverse impacts on the property’s historic character. This may involve retaining essential features using historically appropriate materials and introducing interpretive features that tell the site’s history.
Documentation of Changes: Record any alterations to the property in detail. This documentation ensures compliance and can be used for future reference.
6. Understand Financial Incentives and Assistance
Tax Credits and Grants: Investigate financial incentives for historic preservation, such as federal and state tax credits, grants, and other funding mechanisms. These incentives can reduce the cost of maintaining and rehabilitating a historic property.
The legal issues in historic preservation concerning land use in New Jersey are multifaceted. Understanding relevant rules and regulations, obtaining necessary permits, involving stakeholders, and seeking professional legal advice is crucial. By addressing these considerations upfront and working collaboratively with preservation authorities and community groups, you can manage the complexities of historic preservation law, avoid potential fines, and ensure your development respects and enhances the area’s historic character.
