Chapter 10 - § 10.7 • METHODS FOR CREATING FACIALLY VALID HISTORIC PRESERVATION REGULATIONS

• Jurisdiction: Colorado

§ 10.7 • METHODS FOR CREATING FACIALLY VALID HISTORIC PRESERVATION REGULATIONS

The courts have established some general guidelines in order for historic preservation regulations to be upheld. To withstand constitutional challenges, historic preservation regulations should, at a minimum, clearly set out the following:

1) A statement of the "purpose" and "powers and authorities" of the regulation.
2) A specific definition of the boundaries for the area or areas to be included in the historic district, or for the specific site or landmark involved.
3) Criteria and procedures for designation of historic landmarks and/or districts.
4) Specific standards and criteria that must be met before a certificate of appropriateness, or other certification, is issued by the decision-making body.
5) If a historic preservation commission is established, guidelines concerning the commission's authority and relation to the local building permitting authority, including a delineation of substantive regulatory standards and the establishment of procedural safeguards. A provision for standards and procedures for review of economic hardship cases may be appropriate.
6) A statement of actions reviewable by the commission and the legal effect of such review.
7) An appeals process by which an individual or entity can appeal from the commission decision to a city council, or a county board, and then to the courts. A

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