“Is my house a landmark, and if so, what can I do with it?” “Are they allowed to change that old building?” Because the issue of landmark designation can be confusing, questions like these come up just about every day.
A landmark could be a building, a site (such as an archeological site or designed landscape), structure (such as a bridge or roadway), an object (such as a statue or fountain), or a district. To qualify for landmark status, a property must normally be at least 50 years old, have physical integrity, and have significance in history and/or design.
Official landmark status can only be conferred by a government body – not by an organization such as the Landmark Society. The Landmark Society often helps to identify properties that may qualify for landmark listing, but it is up to the national, state, or local government to designate the property officially.
It is important to know that only local designation by a local government with a preservation ordinance can place limitations on what an owner may do with his or her property. In the city of Rochester and in some other municipalities in our region (including six villages and 11 towns in Monroe County, and a few cities and villages in the surrounding counties), properties may be designated locally either individually or as part of a preservation district (also called a historic district). The city of Rochester has designated over 70 individual landmarks and eight preservation districts. Most of the other municipalities in our region with local preservation ordinances have designated a handful of individual landmarks and districts.
Under most local preservation ordinances, an appointed board reviews certain types of exterior changes to designated properties in order to ensure compatibility with the historic character of the landmark or district. The Landmark Society and the City of Rochester have produced a brochure entitled “Can I Paint My House Purple?” to explain this process to city residents. An online version is now available, and there is another explanation of the role of the city's preservation board at the Rochester's Preservation Regulations section of the Landmark Society website.
While local preservation ordinances can have enforcement power, the National Register of Historic Places functions primarily as an “honor roll” that recognizes significant historic properties without regulating them. An owner can alter or even destroy his or her property without any kind of official review, as long as the building is not also locally designated. The Wilder Building, Rundel Memorial Library, and the University Club (now the Inn on Broadway) are three of a number of buildings that are listed in the National Register but not locally designated.
In addition to the honor of federal recognition, National Register listing offers tangible benefits. Listed properties have some protection if they are threatened by a project involving state or federal funding and/or permitting (such as a road construction project). Designated properties can also qualify for incentive programs designed to promote sensitive rehabilitation. Available incentives vary widely by state and municipality. In New York State, grants and federal income tax credits are provided statewide for certain restoration or rehabilitation projects involving National Register-listed properties. Some municipalities offer additional financial incentives, such as property tax freezes in Rochester, for sensitive rehabilitation projects.
The State Register functions much like its national counterpart, and normally properties are listed in both registers at once. Occasionally, due to owner objection, properties are listed only at the state level; this happened with a historic district downtown that includes the Eastman Theatre. This district is now listed in the State Register and is officially eligible for the National Register.
Many notable properties in the Rochester area have not been designated at any level. The monumental U.S. Post Office on Cumberland Street and the Memorial Art Gallery are two examples in Rochester; a few suburban examples are the Lake Road area in Webster, Grace Episcopal Church in Scottsville, and Oak Hill Country Club in Pittsford. The designation process involves completing a detailed nomination form documenting the property’s history, significance, and present appearance.
Because of the time and resources involved in the designation process – and because every year thousands more sites reach the usual 50-year threshold for eligibility – the National Register, State Register, and local landmarks inventory will always be works in progress.
Return to Preservation and Advocacy Page
|