Chapter 10 - § 10.8 • OTHER RELATED LAWS AND ISSUES

• Jurisdiction: Colorado

§ 10.8 • OTHER RELATED LAWS AND ISSUES

§ 10.8.1—Access Laws

Both state and federal governments have enacted laws prohibiting discrimination against persons with disabilities. The Americans with Disabilities Act (ADA)⁵⁵ is the most comprehensive example of such legislation. The ADA establishes specific accessibility requirements for new construction and alterations to existing structures, and the ADA generally requires the removal of existing architectural or communication barriers when their removal is "readily achievable." The federal regulations governing such accessibility requirements are set forth at 28 C.F.R. §§ 35.149 to 35.151 (state and local governments) and 28 C.F.R. §§ 36.401 to 36.406 (public accommodations).

Generally, owners, lessees, and operators of historic buildings, structures, or sites must comply with the ADA. In doing so, alterations to qualified historic buildings and facilities should be made readily accessible to the maximum extent feasible. However, alternative measures of compliance may be used if the historic resource would be threatened or destroyed. The entity making the alteration must consult with the state historic preservation officer regarding accessibility requirements.

The special accessibility standards applicable to historic properties are set forth at § 4.1.7 of the appendix to the regulations governing ADA accessibility requirements. The general rule is that alterations to a qualified historic building or facility must comply with the basic accessibility standards as set forth in § 4.1.7, unless it is determined that compliance with the requirements for accessible routes (exterior and interior), ramps, entrances, or toilets would threaten or destroy the historic significance of the building or facility, in which case the alternative requirements set forth in § 4.1.7(3) may be used for the feature.

§ 10.8.2—Conflicts Between Historic Preservation and Other Development Law

Development activity that triggers historic preservation requirements typically is also governed by related land use regulations, such as zoning and building codes. Often, a landowner seeks approval for a project...