Section 2: Responsibilities of Certified Local Governments and Their Historic Preservation Commissions

The local government must consider its local historic preservation ordinance or resolution when dealing with issues and activities affecting historic properties. If a system for local designation is in place, the local government is expected to adhere to that procedure.

To ensure that local ordinances and resolutions comply with CLG standards, the local government is asked to furnish draft copies of new ordinances or proposed changes to the State Historic Preservation Office for review and comment. Iowa Code requires that the State Historic Preservation Office review and comment on ordinances designating local historic districts and historic zoning districts. The Code of Iowa does not contain procedures of designating historic landmarks. For administrative ease and to ensure compliance with federal and state laws, regulations, standards and guidelines, cities and counties in the Iowa CLG program are asked to use the same designation, design review, and appeal procedure for both historic landmarks and historic districts. In addition, Iowa CLG cities and counties must submit nomination ordinances designating historic districts and landmarks to the State CLG Coordinator for review and comment at least 45 days before local adoption.

Each city’s historic preservation ordinance and each county’s historic preservation resolution contains a section specifying how commissioners are appointed; their qualifications, including desirable experience, training, and expertise for commissioners; the length of appointment; the number of commissioners; requirements for decision making; and filling vacancies. These specifications complement Iowa Code requirements found in 15.445 et seq. and the National Park Service requirements for CLG participation and are covered in the CLG Agreement between the City/County and the State of Iowa.

Qualifications

The ideal historic preservation commission is composed of the following:

• a historian who specializes in Iowa, local or public history.
• an architectural historian who specializes in American architecture.
• an archaeologist (North American prehistory or history).
• a preservation architect.
• an attorney specializing in preservation law.
• a planner with extensive preservation experience.
• owners of rehabilitated, National Register listed properties; and
• a developer who works exclusively with historic properties.

Annually, cities and counties in the CLG program are expected to seek and recruit historic preservation professionals and others with relevant skills and expertise to serve on the commission. However, the reality is that most Iowa towns do not have an array of historic preservation professionals in residence. Do not be discouraged—all Iowa cities and counties do have residents who can learn "on the job” if they have the time and interest to do so. Frequently, current commission members are knowledgeable about who in the community is interested in historic preservation and should be contacted for a roster of potential appointees.

Commission members should reside in the city or county and be in residence for most of the year. Commission members should be able to attend night meetings and occasional training workshops or conferences. Elected officials should not be appointed to the commission. This represents a conflict of interest since the commission’s responsibility is to advise the elected officials. CLG cities and counties should ensure annually that all positions on the commission are filled and that elected officials appoint new members or approve re-appointments. This information should be retained in a “historic preservation commission membership file.”

Each time there is a change in commission membership, the City or County should submit the new commissioner's signed biographical sketch to the SHPO for review and approval.

Commission Training

Under the CLG Agreement, each year, at least one commission member or representative shall participate in State approved historic preservation training. The more commissioners, staff, elected officials, and residents who participate in historic preservation training, the better. Getting everyone in the city or county acquainted with the commission through participation in training opportunities benefits all.

Historic preservation training focuses on one or more areas covered by the Secretary of the Interior's Standards for Archaeology and Historic Preservation. These include Preservation Planning, Identification, Evaluation, Registration, Historical Documentation, Architectural Documentation, Archaeological Documentation, and Historic Preservation Projects which include the Treatments for Historic Properties: Preservation, Rehabilitation, Restoration and Reconstruction. If you have questions about whether a particular non-SHPO sponsored workshop qualifies the training requirement, please contact the CLG Coordinator.

Cities that have established municipal registers of historic places and where the historic preservation commission regularly conduct design review and issue certificates of appropriateness should ensure that new members and new commission staff receive special training every two years. The training should include understanding how to apply the Secretary of the Interior’s Standards and Guidelines and local design guidelines to proposed projects and training on how to conduct quasi-judicial meetings which include a public hearing as well as a formal review of the proposed project with testimony, examination, and cross examination.

Survey is a three-step process involving identification, evaluation, and registration.

The city and county are responsible for locating all kinds of historic properties (sites including archaeological sites, objects, buildings, structures, and districts). The activity is ongoing each year; a new set of properties becomes potentially eligible for the National Register of Historic Places based on age criteria. To be listed on the National Register, a property must be fifty years old or older. Cities and counties may apply for CLG grants to underwrite preservation-related activities listed below.

All CLG historic preservation ordinances and resolutions contain two provisions under Commission powers which also appear in the CLG Agreement. The first provision specifies that the city or county will establish a system for identification and inventory that is compatible with that of the SHPO. The second provision specifies that the city or county will encourage nomination of properties to the National Register of Historic Places and in the case of municipal historic preservation ordinances may establish local registers of historic places.

Survey/Identification 

Involves researching and documenting properties to get information on how and when the property was created, how it was used, who was associated with it and to describe the physical appearance of the property, locate it on a map, and document it with photographs.

Survey/identification should be undertaken in phases with each phase focusing on a geographic area, or a particular historic context/theme, or a particular property type, or an area that is experiencing change. The city or county can apply for CLG grant funds to underwrite survey/identification.

In addition, the local government can encourage property owners, volunteer or service organizations, and school groups to assist in surveys and evaluations. The most effective way of identifying historic properties is to set up an on-going system to research and record properties and develop historic contexts for the city or county. Research, recordation and context development provide the information needed to complete the next step evaluation.

Evaluation

A process whereby properties are determined to have historic importance, significance, or determined to lack historic importance (i.e., not significant). Typically, evaluation is done by applying the significance and integrity criteria of the National Register of Historic Places. Applying these criteria results in a document containing a detailed analysis of why the property is or is not significant. Evaluation focuses on historically significant properties and merit formal recognition through registration and prioritizes properties for preservation, protection, and appropriate maintenance.

Registration 

Formal recognition of a property’s historic significance by placing it on a municipal or county register of historic places and/or by nominating the property to the National Register of Historic Places. The historic preservation commission plays a key role in the registration process. In the case of National Register nominations, the commission can initiate and fund the process with CLG grants. In addition, as a CLG participant the Commission and chief elected officials will be called upon to review and comment on all National Register nominations of property within its jurisdiction.

Property Inventory 

The foundation of the commission’s activities—the local information about “identified, evaluated, and registered” properties in the city or county. This information serves as a reference for any type of planning, be it rehabilitation of a building or developing a road-widening project. The inventory includes the location of properties, their type and, most important, their significance. It indicates which parts of a city or county have been surveyed and evaluated and for what kinds of properties. The inventory is developed through survey, evaluation, and registration projects. The inventory is documentation that consists of completed site forms with information about individual properties, survey and evaluation project reports, multiple property documents describing historic contexts, National Register of Historic Places nomination forms and local historic landmark and district nomination forms as well as maps, photographs, blueprints and other data relating to properties in the city or county.

The State maintains a state-wide inventory of historic properties that includes National Register nominations. The State’s inventory file typically contains information on the identity, location, condition, and basis of significance of historic sites, buildings, structures, objects, and districts within the jurisdiction of the local government. The inventory will include completed Iowa Site Inventory forms, multiple property documentation (reports on survey-evaluation projects), National Register and local designation nomination forms, photographs, maps, blueprints, and other data relating to property in the local government’s jurisdiction. To learn more about the Iowa Inventory please visit: Historic & Archeological Inventory | Economic Development & Finance Authority.

Developing the property inventory is a top priority for the historic preservation commission. An accessible and well-maintained inventory is critical for land use planning, determining if a project will affect historic properties, determining if proposed work on a property is appropriate, and determining if a property qualifies for grant and incentive programs.

The inventory is a public record and should be stored in a location that is secure yet accessible within a city or County owned facility but also protects sensitive information such as archaeological site locations if included in the inventory please see Iowa Code Chapter 263B Section 10 for additional details. 263b.pdf

As CLG cities and counties accumulate information on historic properties within their jurisdictions, they are expected to provide the State Historic Preservation Office with copies of this information to keep the State Inventory updated. This would include: completed Iowa Site Inventory forms; landmark and district nomination forms to the city or county register; information on the condition of National Register eligible or listed properties within their jurisdiction; information on the condition of locally designated landmarks or properties within local historic districts; information on zoning actions such as the creation of historic overlay zones or conservation districts that would impact historic properties; or establishment of an easement program to preserve historic properties.  If the CLG records archaeological properties, such documentation should be completed through the Office of the State Archaeologist.

The commission should actively engage the public in the local preservation program. For example, the commission could delegate responsibility for conducting survey and evaluation projects to residents and property owners in distinct parts of the city or county or the commission could train volunteers or local government staff to answer questions about historic preservation and provide technical assistance.

When properties within the local government’s jurisdiction are nominated to the National Register of Historic Places, the Commission, Mayor of Chairman, and Preservation Professional (if applicable) will read the nomination and determine if there are factual errors and determine if the nomination satisfactorily explains how the property meets the integrity, age, and significance criteria. Moreover, it is the historic preservation commission’s responsibility to make sure the city/county officials and staff understand their obligation under this Standard.

It is expected that the CLG program will encourage nomination of eligible public buildings, structures, sites, objects, and districts within its jurisdiction. This would include parks, sculpture, school buildings, city halls, courthouses, fire and police stations, bridges, roads, etc. National Register significance is based on historical and integrity considerations, not on factors such as economic impact or future uses of the building.

This standard also encourages the Commission to involve the public, officials, and staff in the local preservation program as volunteers in Commission sponsored projects; as initiators of historic preservation activities and projects; and as participants in Commission sponsored programs, workshops, conferences, tours, training sessions or other historic preservation related activities.

The commission will encourage the public and local governments to utilize State incentives for historic preservation. Yearly, the CLG should undertake at least one project in at least one of the following areas: planning, survey and evaluation, registration to the National Register or local designation, public education, or pre-development/rehabilitation.

The historic preservation commission should maintain effective communication with the mayor and city council or the board of supervisors. This involves making sure these elected officials are familiar with the local historic preservation ordinance or resolution, the CLG Agreement, and understand what these mean in terms of city or county actions. Effective communication also involves keeping elected officials informed of historic preservation commission plans, actions, and activities. At a minimum, the preservation commission should meet with their elected officials once each year; however, more frequent informal communication should also occur throughout the year.

Historic preservation commissions are discouraged from assuming long-term involvement with a sole property, property stewardship, or establishing a museum. These activities are time-consuming and require substantial amounts of capital. In addition, they are narrow in focus and will impede the preservation commission from fulfilling its commitment to locate historic properties throughout the community and facilitate their preservation, protection, maintenance, and use.

The CLG Agreement requires that cities and counties annually prepare and submit a complete annual report to the SHPO. This form allows the commission to report on the historic preservation activities that occurred in the city or county during the year. Every city and county in the CLG program are subject to a performance review. At a minimum, the reviews start three years after certification and continue a three-year cycle thereafter. The annual report figures heavily in the performance review since it queries participating cities and counties about their respective historic preservation programs. The annual report form questions guide the activities and programs CLG participants are expected to have in their local historic preservation programs.

A Special Message for Newly Appointed Commissioners

Many newly appointed historic preservation commissioners know something about local history or historic preservation when they join a commission but may not fully understand what is expected of them as commission members. This information sheet was prepared to assist historic preservation members fulfill their responsibilities as commissioners.

1. When you agree to serve on your city/county historic preservation commission, you become an unpaid governmental official. The commission is part of local government, serving at the pleasure of the mayor and city council or county board of supervisors. It is the commission's responsibility to keep these officials informed of their activities, actions, and plans. It is also important for the commission to solicit ideas and suggestions of local elected officials when developing plans and projects.

2. The commission works under local enabling legislation, the historic preservation ordinance or resolution. The commission is expected to follow local and state codes regarding conduct of meetings and other commission business, e.g., Iowa Open Meetings Law, the Iowa Gift Law, and Conflict of Interest. The state attorney general’s office has some information to assist you in complying with state statutes.
   
   As commission members, you should become familiar with the following laws and agreements. These guide commission operations and commissioners are responsible for seeing that all obligations are met on a yearly basis:

   1. Local Historic Preservation Ordinance or Resolution.
   2. CLG Certification Agreement between your local government and the State of Iowa.
   3. National Park Service, State of Iowa, and your local Conflict of Interest Policy.
   4. Iowa Open Meetings Law (Code of Iowa, Chapter 21 "Official Meetings Open to the Public").
   5. Iowa Gift Law (Code of Iowa Chapter 68B as amended by 1993 Iowa Acts Chapter 163).

   Certified local governments shall not unlawfully discriminate on the basis of sex, race, color, and/or national origin in any of their activities in implementing the program.
   
   All CLG commission members will refrain from voting in any activity in which they have a current or anticipated financial interest (either as owner, officer, trustee, fiduciary employee, part owner, or the recipient of any royalty, commission, contingency fee, professional services contract, brokerage fee, or other payment). It is required that any affected member indicates the existence of any such conflict of interest prior to the consideration of the subject.

3. Historic Preservation Commissioners have a special charge in that they not only develop local historic preservation policy and programs but are also actively engaged in doing preservation activities. When you agree to become a commissioner, you need to have a strong, positive interest in historic preservation. You should be prepared to attend all commission meetings. If the commission undertakes a special project, such as a CLG grant project, you should be ready to work on the project and/or recruit volunteers and see that it is completed. You should be prepared to participate in historic preservation commission training workshops and conferences.
   
   If your commission has local designation and design review responsibilities, it is particularly important that commission members attend all commission meetings. Design review is a regulatory action; applicants for Certificates of Appropriateness are waiting for commission review and feedback before they can start their project. If a scheduled commission meeting includes a design review for a Certificate of Appropriateness, there must be a quorum present for the commission to review the project. It is unfair to the applicant and the property involved for the commission not to conduct the review at the officially scheduled time.

   Effective commissioners are informed ones. If your commission has been operating for several years, review past minutes and annual reports to get a sense of what has been accomplished, what is planned, and the current goals and objectives. If your commission is newly formed, become informed and trained so that your local preservation program gets a good strong start. 

4. Get to know the other commission members. Each member has a distinctive work style, gifts and skills, and special knowledge. When a commission can fully utilize its members as individuals and as a team, it can become a strong and productive organization. Be honest with one another about strengths and weaknesses, likes and dislikes. Then use this knowledge to the group's advantage. Do not make the shy, reclusive member the commission spokesperson (unless they are willing). Be good listeners. Stick to your agendas, schedules, and specific topics under discussion. Respect one another's time and use your time together effectively.
5. Grant Projects. Certified Local Government (CLG) and Historic Resource Development Program (HRDP) grant awards are contractual agreements between your local government and the State of Iowa to accomplish a particular objective. When you are awarded a grant, the State expects the local government and its historic preservation commission to fulfill its obligation to complete the project. So, if your commission wants to complete a grant project, all commissioners should be knowledgeable about all aspects of the project. Each commissioner should be aware of their project job responsibilities and willing to undertake them promptly.

If your commission has local designation and design review responsibilities, it is particularly important that commission members attend all commission meetings. Design review is a regulatory action; applicants for Certificates of Appropriateness are waiting for commission review and feedback before they can start their project. If a scheduled commission meeting includes a design review for a Certificate of Appropriateness, there must be a quorum present for the commission to review the project. It is unfair to the applicant and the property involved for the commission not to conduct the review at the officially scheduled time.

Effective commissioners are informed ones. If your commission has been operating for several years, review past minutes and annual reports to get a sense of what has been accomplished, what is planned, and the current goals and objectives. If your commission is newly formed, become informed and trained so that your local preservation program gets a good strong start.

In closing, CLG historic preservation commissioners belong to a unique group. There are preservationists throughout the state and region who are willing to share information, experience, and expertise with you. Feel free to contact them. Also, use the staff of the State Historic Preservation Office, your interests are their interests, and they wish to assist you. A good place to start is a call to the CLG Coordinator whose job is to support the work of the historic preservation commissions.