The State Historic Preservation Office: The Roles and Responsibilities

1. The State Historic Preservation Office: The Roles and Responsibilities

2. Early Response to NHPA 1966 • Some states were already involved in historic preservation activities • Early efforts emphasized survey of resources. • Principally accomplished by the staff of the State Preservation Office • Archaeology was always separate from survey of standing structures. • Previous legislation had already created cultural resource management firms to undertake survey and documentation of archaeological sites. • States quickly became involved in review and compliance under Section 106. By 1980 state offices were conducting 2,000 or more reviews per year. • A 1969 meeting of SHPOs from the southeastern region led to the formation of a national organization, the National Conference of State Historic Preservation Officers (NCSHPO)

3. What does the state office provide for the national preservation program? Conduct a comprehensive survey of historic properties Maintain an inventory of historic properties Administer state programs of Federal assistance Identify and nominate eligible properties to the National Historic Register Advise and assist Federal, State and local governments in matters of historic preservation Prepare and implement a statewide historic preservation plan Provide public information, education, training and technical assistance Work with local governments in the development of local historic preservation programs and help them become “certified local governments” Provide consultation for Federal undertakings under the Section 106 provision of the National Historic Preservation Act

4. What role does the State Preservation Office perform for State government? Promote historic preservation efforts within state government Coordinate with tribal governments on historic preservation matters Maintain and manage historic house museums and historic sites (not frequent) Coordinate state heritage tourism efforts Hold and enforce historic preservation easements Manage State Rehabilitation Tax Credit programs Maintain state granting programs Support Main Street communities and revitalization efforts Provide consultation for State undertakings, similar to the Section 106 provision of the National Historic Preservation Act

5. Certified Local Governments In the 1980 re-authorization of the NHPA Congress at the suggestion of large cities and NCSHPO created the legislation necessary to give local governments a voice in the Preservation process. The new CLG (Certified Local Government) program enhanced the formal structure of preservation programs in each state by facilitating relationships with local governments.

6. The Preservation Plan • Formulation of ideal or preferred research, reuse, conservation, and interpretive objectives relevant to each study unit. • b. Creation of operating plans which provide specific recommendations for prioritizing and treatment of property types for each study unit. c. The specification of management or treatment strategies for study units and associated properties located in jurisdictions charged with land-use planning. Virginia State Preservation Plan

7. When do we get comprehensive plans Since 1980, each Virginia locality has been required to have a comprehensive plan, which is a plan for the physical development of the territory within the municipality's jurisdiction. (Dillon Rule) Virginia Code Title 15.2 "COUNTIES, CITIES AND TOWNS." Chapter 22 "Planning, Subdivision of Land and Zoning" Virginia Code § 15.2-2223 Comprehensive plan to be prepared and adopted; scope and purpose Virginia Code § 15.2-2306 Preservation of historical sites and architectural areas Virginia Code § 36-98 Board to promulgate Statewide Code

8. Purposes of Preservation Planning 1) To state clearly the goals of historic preservation in the community 2) To comply with state zoning or planning enabling legislation requiring local governments to have comprehensive plans and requiring that there be a mandatory (or optional) historic preservation element in that plan 3) To let current and future property owners and residents know in advance how the community intends to grow and what the community wants to protect 4) To help provide a legal defense against lawsuits alleging unfair treatment of property owners or arbitrary decisions by government 5) To eliminate uncertainty or confusion about the purpose, meaning, and content of an existing local historic preservation ordinance

9. 6) To form the basis for adoption of a new historic preservation ordinance or to strengthen the legal basis of an existing historic preservation ordinance 7) To ensure consistency, or eliminate inconsistency, between various local government policies that affect the community's historic resources 8) To educate and inform citizens about their heritage and its value to the community 9) To create an agenda for future preservation activities and to create a way to measure progress in protecting historic resources 10) To provide a basis for interim protection of historic resources while steps are taken to adopt a formal preservation ordinance to protect those resources 11) To comprehensively address issues relating to tourism, zoning, traffic patterns, development patterns, and design that affect historic resources 12) To encourage economic development through the preservation of historic resources 13) To strengthen the political understanding of and support for historic preservation policies

10. Preservation Planning Components A. Statement of the goals of preservation in the community, and the purpose of the preservation plan B. Definition of the historic character of the state, region, community, or neighborhood C. Summary of past and current efforts to preserve the community's or neighborhood's character D. A survey of historic resources in the community or neighborhood, or a definition of the type of survey that should be conducted in communities that have not yet completed a survey E. Explanation of the legal basis for protection of historic resources in the state and community.

11. Components continued F. Statement of the relationship between historic preservation and other local land-use and growth management authority, such as the zoning ordinance. G. Statement of the public sector's responsibilities towards city-owned historic resources, such as public buildings, parks, streets, etc., and for ensuring that public actions do not adversely affect historic resources. H. Statement of incentives that are, or should be, available to assist in the preservation of the community's historic resources. I. Statement of the relationship between historic preservation and the community's educational system and program. J. A precise statement of goals and policies, including a specific agenda for future action to accomplish those goals.

12. Preservation Plan burning questions A. Why is historic preservation important to our community? B. What elements of our heritage do we want to preserve? C. What have we previously done to preserve and protect that heritage? D. What are we currently doing to preserve and protect that heritage? E. What should we do to preserve and protect it in the future? F. When do we want to begin to add that additional protection?

13. The Challenge of Review and Compliance The Review and compliance Program in which SHPOs are requested to review project proposals under the Advisory Council procedures has been highly instrumental in saving thousands of historically and significant properties from unnecessary destruction. • It has also caused problems for SHPO staff and some have lost their jobs. This is the point at which staff are most vulnerable as state employees enforcing federal procedures to the winds of political process. • Citizens concerned about change in their neighborhoods misunderstand the authority of the SHPO and expect them to stop unwanted development. (remember Section 106 is advising, not approving)

14. Controlling Sprawl Sprawl according to Anthony Downs of The Brookings Institution (market approach), sprawl is a particular form of suburban growth. The characteristics of sprawl are: 1. Unlimited outward extension of development. Rapid land consumption, 3 times faster than population growth 2. Low-density residential and commercial settlements: Single use 3. Leapfrog development 4. Fragmentation of powers over land use among many small localities 5. Dominance of transportation by private automotive vehiclesa. for every 1% increase in developed land, there is a corresponding 1-1.5% increase in Vehicle Miles Travelled (VMT) 6. Lack of centralized planning or control of land uses 7. Widespread strip commercial development 8. Great fiscal disparities among localities 9. Segregation of types of land use in different zones and 10. Reliance mainly on the trickle-down or filtering process to provide housing to low-income households.

15. Smart Growth As with sprawl, smart growth has no absolute definition. The features that distinguish smart growth in a community vary from place to place because there is no “one-size-fits-all” solution. What smart growth does is recognize the connections between development and the quality of life. Smart growth is a term that describes the efforts of communities to manage and direct growth in a way that minimizes damage to the environment, and promotes a balanced mix of land uses and transportation systems. The Urban Land Institute has compiled a list of common characteristics of smart growth: • Development is economically viable and preserves open space and natural resources. • Land use planning is comprehensive, integrated, and regional. • Public, private and nonprofit sectors collaborate on growth and development issues to achieve mutually beneficial outcomes • Infrastructure is maintained and enhanced to serve existing and new residents. • Redevelopment of infill housing, brownfield sites, and obsolete buildings are actively pursued.