Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
Local historic preservation programs
General Municipal (GMU) CHAPTER 24, ARTICLE 5-K
§ 119-dd. Local historic preservation programs. In addition to
existing powers and authorities for local historic preservation programs
including existing powers and authorities to regulate by planning or
zoning laws and regulations or by local laws and regulations for
preservation of historic landmarks and districts and use of techniques
including transfer of development rights, the legislative body of any
county, city, town or village is hereby empowered to:

1. Provide by regulations, special conditions and restrictions for the
protection, enhancement, perpetuation and use of places, districts,
sites, buildings, structures, works of art and other objects having a
special character or special historical, cultural or aesthetic interest
or value. Such regulations, special conditions and restrictions may
include appropriate and reasonable control of the use or appearance of
neighboring private property within the public view, or both.

2. Establish a landmark or historical preservation board or commission
with such powers as are necessary to carry out all or any of the
authority possessed by the municipality for a historic preservation
program, as the local legislative body deems appropriate.

3. After due notice and public hearing, by purchase, gift, grant,
bequest, devise, lease or otherwise, acquire the fee or any lesser
interest, development right, easement, covenant or other contractual
right necessary to achieve the purposes of this article, to historical
or cultural property within its jurisdiction. After acquisition of any
such interest pursuant to this subdivision, the effect of the
acquisition on the valuation placed on any remaining private interest in
such property for purposes of real estate taxation shall be taken into

4. Designate, purchase, restore, operate, lease and sell historic
buildings or structures. Sales of such buildings and structures shall be
upon such terms and conditions as the local legislative body deems
appropriate to insure the maintenance of the historic quality of the
buildings and structures, after public notice is appropriately given at
least thirty days prior to the anticipated date of availability and
shall be for fair and adequate consideration of such buildings and
structures which in no event shall be less than the expenses incurred by
the municipality with respect to such buildings and structures for
acquisition, restoration, improvement and interest charges.

5. Provide for transfer of development rights for purposes consistent
with the purposes of this article.