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Historic Protection Tools

There are a range of protection options for historic buildings in Utah.

Preservation Easements

A preservation easement is a legal agreement requiring the easement holder to protect a particular historic structure's visual and structural integrity even though another person owns it. The easement intends to prevent anyone from demolishing or severely altering the historic building without the easement holder's permission.

Local Historic Districts

A local historic district is a designated community area recognized for its historical, architectural, or cultural significance. These districts are created and regulated by local governments to preserve the character and heritage of the area.

Landmark Site
Designation

A landmark site designation is a formal recognition given to a specific location or area deemed significant due to its historical, architectural, cultural, or natural value. This designation highlights the site's importance and provides a framework for its preservation and protection. Main Players Historic Building property owner who supports the designation Municipality (administration, city council, planning & zoning dept.) Utah State Historic Preservation Office or (801) 533-3500 Why are Landmark Sites Important? Landmark sites commemorate significant historical events, figures, or periods, providing tangible connections to the past and helping people understand and appreciate their community's history. They also reflect cultural practices, architectural styles, and traditions, preserving a community’s cultural heritage and serving as valuable educational resources, offering learning opportunities through school programs, public tours, and exhibits. Economically, they attract tourists, boost the local economy, and create business opportunities. Many landmark sites feature natural or architectural elements that add to the area's visual and environmental appeal, promoting sustainability by reducing the need for new construction and conserving resources. How Can Landmark Sites Benefit Property Owners? Landmark sites offer property owners significant benefits, enhancing their value and enjoyment. Properties located within or adjacent to landmark sites often experience increased market value due to the prestige and desirability associated with such locations. Owners may also be eligible for financial incentives, such as tax credits, grants, or subsidies, which help offset the costs of preserving and maintaining their properties. The landmark designation protects the property’s historical and architectural significance, contributing to its long-term appeal. Also, landmarks attract tourists and visitors, increasing foot traffic and visibility for nearby businesses. The stability and predictability provided by the landmark designation also reduce the risk of undesirable developments, ensuring that the neighborhood’s character remains intact. What Can Be Done to a Landmark Site? Local regulations govern what can and cannot be done to a landmark site. These regulations typically require local preservation boards or commissions to review and approve any restoration, renovation, or alteration. Restoration involves repairing and returning the site to its previous state, while regular maintenance helps prevent deterioration. Renovations may be allowed if they respect the site’s historical character and adaptive reuse is encouraged to repurpose the site for new functions while preserving its heritage. However, significant alterations require careful review to avoid compromising the site’s significance. Local regulations may also mandate documentation and research to guide preservation efforts and ensure compliance with preservation standards. How do Landmark Sites Impact Owners' Use of their Property? Landmark sites impact owners' use of their property in several ways, primarily through preservation regulations and guidelines that shape how the property can be modified or maintained. Owners of landmark sites are typically subject to strict regulations that govern alterations, renovations, and maintenance to preserve the property's historical, architectural, or cultural integrity. This means that any significant changes or new construction should be reviewed and approved by local preservation boards or commissions, which can limit the scope of modifications and extend the time and cost associated with property improvements. While these restrictions can be seen as limitations, they also offer certain benefits. Landmark designation often increases property value due to its historical significance and the prestige associated with such locations. Additionally, owners may receive financial incentives, such as tax credits or grants, which help offset the costs of maintaining or restoring the property. The increased visibility and attractiveness of landmark sites can also enhance the property's appeal, potentially boosting its market value and drawing interest from tourists and visitors. How Long Does Landmark Site Status Last? Landmark site status typically lasts indefinitely, provided that the property continues to meet the criteria for its designation and adheres to the relevant preservation regulations. Once a site is designated as a landmark, it generally retains this status unless it is formally de-designated through a specified process. This permanence ensures that the site's historical, architectural, or cultural significance is preserved. How does a Site become a Landmark? The process for landmark site designation can vary significantly across Utah. While the core objective of recognizing and protecting properties of historical, architectural, or cultural significance remains consistent, the specific procedures and requirements differ based on local regulations and policies. Each community may have its own set of ordinances and regulations governing the designation process, including the criteria for nomination and the guidelines for preservation. The structure and responsibilities of preservation commissions or historic boards can vary, affecting how nominations are reviewed and approved. The process for nominating a site, including required documentation and steps, may differ, with some cities having more formal procedures and others more streamlined approaches. Public involvement methods also vary, with some cities holding public meetings or forums and others relying on written comments. The final approval authority for designations can rest with different entities, such as the city council, mayor, or a specific preservation board. Additionally, the regulations and guidelines for maintaining designated sites and the types of support and incentives available to property owners differ based on local programs and resources. Check with your municipality to learn about your community's specific requirements. While the overarching goal of preservation is consistent, the process details are tailored to each community's needs and policies. Pros and Cons Positives If the building meets designation criteria and is exceptional enough to be a stand-alone site, only the property owner must agree to apply for landmark site designation. Major Cities in Utah have strict demolition protections. In most cities, the burden is high: the property owner must prove that being unable to demolish a Landmark site is a taking and that the building/site has no beneficial use. Historic Landmark Commission review of alterations to the building/site. Additional adaptive reuse opportunities may be available on the site, such as optional uses allowed within the building or increased development rights elsewhere or on a larger redevelopment site incorporating the Landmark building. Check with your municipality for special processes available within their zoning ordinance. Negatives A designation may take up to 9 months to be adopted.

National Register of Historic Places 

The National Register of Historic Places (NRHP) and the National Historic Landmarks Program protect historic places in the United States by providing documentation, promotion, and some level of protection: Documentation - The NRHP offers guidance on evaluating, documenting, and listing historic places. Promotion - The NRHP promotes historic places, which can help ensure their long-term protection. Protection - The NRHP protects historic places from federally funded projects that could impact them. It also provides incentives to encourage preservation, such as tax credits for qualified rehabilitation expenses.

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