Originally posted on 5/19/2020 (reformatted).
In 1970, Michigan’s Legislature enacted the Local Historic Districts Act (the “Act”)[1] as a way to preserve historic resources throughout the state. A “historic resource” is defined as “a publicly or privately owned building, structure, site, object, feature, or open space that is significant in the history, architecture, archaeology, engineering, or culture of this state or a community within this state, or of the United States”[2]. Thus, almost any property, whether it’s a single-family home or a commercial parking lot, is subject to the restrictions of the Act if it is within a local historic district.
While the Act benefits communities in many ways, it can be difficult to maneuver as a property owner. The most significant obstacle for property owners is the requirement that a permit be obtained for any work to be performed on the exterior of the property. [3] To do so, the owner must apply for a permit from the local authority (usually the local historic district commission). The application will then be considered by the local historic district commission at a public meeting, where they will determine whether the work will adversely affect the exterior of the resource. If the commission denies the application, the property owner has the option to appeal that decision to the state historic preservation review board (the “Review Board”)[4].
An appeal to the Review Board must be made within 60 days after the local historic district commission’s decision has been furnished to the applicant. The Review Board will consider the appeal at its next regularly scheduled meeting. It will decide whether to affirm, modify, or set aside the commission’s decision. If the applicant is not satisfied with the Review Board’s decision, they may appeal it to the circuit court that has jurisdiction over the local historic district commission whose decision was initially appealed.
[1] 1970 PA 169, § 5, MCL 399.
[2] 1970 PA 169, § 5, MCL 399.201a
[3] 1970 PA 169, § 5, MCL 399.205.
[4] 1970 PA 169, § 5, MCL 399.209.
Kara Hart-Negrich
Michigan State Housing Development Authority
Lansing, MI
Inter Alia 