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In the case of cities, the historic preservation ordinance is passed by the city council. For counties, the Board of Supervisors needs to pass the historic preservation resolution.
There is some flexibility in the wording of a local government's ordinance/resolution in the sections dealing with commission size and terms of office. Please reach out to the Certified Local Government Coordinator if your community would like an example of an ordinance or resolution. The purpose of an ordinance/resolution is to spell out the function of the program and is written broadly so that the historic preservation commission can operate in a wide range of activities. If an action of the historic preservation commission and the local government is ever challenged, the court will examine the purpose to determine if the action fell within the scope of the purpose. The definitions provide linkage to both the state and federal preservation programs.
The Commission structure and qualifications must meet both federal and state requirements. The qualifications are designed to ensure people serving on the commission are willing to put in the required time, to obtain historic preservation training, and to fulfill the advocacy role required of the historic preservation commission. In addition, qualifications encourage cities and counties to seek individuals with professional expertise so that the commission is up to speed on all preservation activities and responsibilities. Professional qualifications are particularly important if a commission has quasi-judicial responsibilities as they ensure that designation and design review is undertaken by knowledgeable individuals and their findings and decisions are based on application of appropriate standards and guidelines. Having professional expertise on a commission as well as a trained commission helps ensure that the commission’s operations are procedurally correct, and decisions are well informed.
The powers of the commission must meet federal program requirements. These powers encompass all activities that a commission must undertake to ensure a viable local historic preservation program: identification, evaluation, and registration to officially recognize historic properties and designation, acquisition, education, and consultation to ensure that historic properties continue to contribute to the community through use, maintenance, and protection. Elimination of any powers would cripple the operation of the commission and undermine the local historic preservation program. The additional powers, requiring consent of the city council or the board of supervisors, allow the commission to undertake a variety of specific tasks such as grant projects, temporarily holding property, and most importantly, advising local governmental officials and staff on appropriate courses of action in historic preservation matters. Finally, historic preservation ordinances and resolutions must be malleable to meet changing conditions and circumstances. Clauses for revision or amendment and provision for revocation should be included.
New historic preservation commissions are not familiar with historic preservation and the range of activities encompassed in a local historic preservation program. For this reason, the Iowa CLG Program recommends that cities and counties initially establish historic preservation commissions with advisory authority. This will give the commission, local officials, staff, and the community at large an opportunity to become familiar with the different components of a local historic preservation program. The community can see how the program works and become comfortable with the notion of assuming local responsibility for the maintenance and protection of local historic properties through local designation and design review or other means.
Consequently, the sample resolution and ordinance create a historic preservation commission with advisory authority only. For example, in terms of the creation of local historic landmarks or districts, the commission can only recommend that the county or city designate historic landmarks and districts; however, the ordinance and resolution lack sections outlining the procedure for designation. If the owner of a historic property wishes to alter their building, they may consult with the historic preservation commission. The commission may review, comment, and recommend but does not have the authority to require the property owner to follow their recommendations.
Local Designation and Design Review
Under Chapter 15 Part 27 (15.445-15.459) of Iowa Code, the local government may choose to give its historic preservation commission regulatory authority. This authority will involve two kinds of activity. The first is designation, placing a landmark or district on the local governmental register of historic places. Second, the commission is given the authority to review and render a decision certifying the appropriateness of proposed alterations to the exteriors, visible from public rights-of-way, of designated historic properties.
The significance criteria, used to determine if a building, structure, object, site and/or district qualifies for local designation should be consistent with National Register significance and integrity criteria as well as Code of Iowa Section 15.445 (1) a–f. Iowa CLG Program policy is that locally designated properties also must be eligible for or listed on the National Register to ensure administrative consistency, support of national case law, and allow due process for the owner(s).
The review process for the exterior alteration of historic properties is often called "design review." The commission will complete regulatory review of changes only to designated local historic landmarks and changes to properties within locally designated historic districts. Generally, National Register-eligible, and listed properties (landmarks and districts) must be locally designated before they are subject to commission review. However, some Iowa commissions have been given authority in their local historic preservation ordinances to review these properties or properties in special zoning districts such as demolition districts or conservation districts.
Changes to exteriors of landmarks and districts can include changes to outbuildings and surrounding grounds. Alterations subject to review may include changes to or installation of walkways, fences, retaining walls, driveways, parking lots, exterior lighting.
Reviewable changes also include moving, construction of additions, and/or demolition of primary buildings and/or outbuildings, structures, objects, and sites; as well as rehabilitation, replacement, restoration or reconstruction of the primary building and/or outbuildings, structures, objects, and sites. The Iowa Code does not allow for regulatory review of historic building interiors.
If the commission approves the proposed changes, a certificate of appropriateness is issued. Criteria used by a commission to review proposed alteration of locally designated buildings, structures, sites, objects, and districts shall be clearly set forth in the local ordinance and shall be as consistent as possible with the Secretary of the Interior's Standards and Guidelines for the Treatment of Historic Properties.