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Constitutional Issues

Posted By Preservation Leadership Forum May 10, 2016 6:14 PM
Found In Microsite: Preservation Leadership Forum - A Program of the National Trust for Historic Preservation

The United States Constitution contains several provisions that protect the individual from the state Constitutional Issues The United States Constitution contains several provisions that protect the individual from the state. Included in the Bill of Rights are important restrictions on governmental ...

Preservation Ordinances FAQ

Posted By Preservation Leadership Forum May 18, 2016 7:05 PM
Found In Microsite: Preservation Leadership Forum - A Program of the National Trust for Historic Preservation

The historic preservation ordinance is the primary method by which communities protect their historic resources, and ultimately their character. Preservation Ordinance Frequently Asked Questions The historic preservation ordinance is the primary method by which communities protect their historic resources, ...

Local Preservation Laws

Posted By Preservation Leadership Forum May 10, 2016 6:19 PM
Found In Microsite: Preservation Leadership Forum - A Program of the National Trust for Historic Preservation

Historic Preservation Ordinances protect individual sites and historic districts through a permitting process that requires advance review of proposed projects by a preservation commission, or other administrative body. Local Preservation Laws Historic preservation ordinances offer the greatest protection ...

Additional State Laws

Posted By Preservation Leadership Forum May 17, 2016 6:28 PM
Found In Microsite: Preservation Leadership Forum - A Program of the National Trust for Historic Preservation

A number of states have adopted measures that have and could help to strengthen historic preservation programs, such as special protection laws for reclaiming brownfields and state preservation building codes. Additional Laws A number of states have adopted measures that have and could help to strengthen ...

Easements

Posted By Preservation Leadership Forum May 10, 2016 6:22 PM
Found In Microsite: Preservation Leadership Forum - A Program of the National Trust for Historic Preservation

The National Trust supports protecting historic properties perpetually through the use of a legal mechanism known as preservation easements (also known as covenants or restrictions). Preservation Easements The National Trust supports protecting historic properties perpetually through the use of a legal ...

State Preservation Laws

Posted By Preservation Leadership Forum May 10, 2016 6:14 PM
Found In Microsite: Preservation Leadership Forum - A Program of the National Trust for Historic Preservation

All 50 states provide preservation services arising directly from federal preservation programs set forth under the National Historic Preservation Act. State Preservation Laws All 50 states provide preservation services arising directly from federal preservation programs set forth under the National ...

State Stewardship Programs

Posted By Preservation Leadership Forum May 17, 2016 5:22 PM
Found In Microsite: Preservation Leadership Forum - A Program of the National Trust for Historic Preservation

Successful state preservation programs are dependent upon the cooperation of state agencies in identifying and protecting historic resources within their control. To that end, state agencies are considered full partners, if not leaders, in protecting historic resources. State Stewardship Programs Successful ...

State Environmental Protection Acts

Posted By Preservation Leadership Forum May 17, 2016 6:00 PM
Found In Microsite: Preservation Leadership Forum - A Program of the National Trust for Historic Preservation

In addition to state historic preservation acts, a number of states also have enacted environmental review statutes. State Environmental Protection Acts In addition to state historic preservation acts, a number of states also have enacted environmental review statutes. As with the National Environmental ...

Federal Preservation Laws

Posted By Preservation Leadership Forum May 10, 2016 6:14 PM
Found In Microsite: Preservation Leadership Forum - A Program of the National Trust for Historic Preservation

A collection of statutes and regulations have been adopted at the federal level which address government activities and policies regarding historic and archeological resources. Federal Preservation Laws A collection of statutes and regulations have been adopted at the federal level which address government ...

Enabling Authority & Local Ordinances

Posted By Preservation Leadership Forum May 17, 2016 6:17 PM
Found In Microsite: Preservation Leadership Forum - A Program of the National Trust for Historic Preservation

The strongest protection for privately-owned historic places is afforded by local historic preservation ordinances. Enabling Authority for Local Preservation Ordinances The strongest protection for privately-owned historic places is afforded by local historic preservation ordinances. Many states, if ...

State HP Acts

Posted By Preservation Leadership Forum May 17, 2016 5:39 PM
Found In Microsite: Preservation Leadership Forum - A Program of the National Trust for Historic Preservation

Some states have adopted what are commonly referred to as "state 106" laws. State Historic Preservation Acts Some states have adopted what are commonly referred to as "state 106" laws. Patterned after Section 106 of the National Historic Preservation Act , these laws help to ensure that the impact ...

NEPA

Posted By Preservation Leadership Forum May 11, 2016 8:10 PM
Found In Microsite: Preservation Leadership Forum - A Program of the National Trust for Historic Preservation

The National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321-4375, provides a significant opportunity to affect U.S. Government decision making that could harm the environment – including both natural and physical resources such as sacred, cultural and historic sites National Environmental Policy ...

Section 106

Posted By Preservation Leadership Forum May 11, 2016 7:43 PM
Found In Microsite: Preservation Leadership Forum - A Program of the National Trust for Historic Preservation

Section 106 of the National Historic Preservation Act requires that federal agencies take into account the effects of their undertakings on properties listed or eligible for listing on the National Register of Historic Places. Section 106 of the National Historic Preservation Act Section 106 of the ...

Section 4(f)

Posted By Preservation Leadership Forum May 11, 2016 8:24 PM
Found In Microsite: Preservation Leadership Forum - A Program of the National Trust for Historic Preservation

Section 4(f) of the Department of Transportation Act, 49 U.S.C. § 303 and 23 U.S.C. § 138, provides an important opportunity for the protection of historic resources from potentially adverse impacts of federal transportation projects. Section 4(f) of the Department of Transportation Act Section 4(f) ...

NHPA

Posted By Preservation Leadership Forum May 11, 2016 7:23 PM
Found In Microsite: Preservation Leadership Forum - A Program of the National Trust for Historic Preservation

The National Historic Preservation Act (NHPA), 54 U.S.C. §§ 300101 to 307108, is the primary federal law governing the preservation of cultural and historic resources in the United States. National Historic Preservation Act The National Historic Preservation Act (NHPA), 54 U.S.C. §§ 300101 to 307108, ...

State Register

Posted By Preservation Leadership Forum May 16, 2016 7:16 PM
Found In Microsite: Preservation Leadership Forum - A Program of the National Trust for Historic Preservation

Many states maintain official lists of inventories or registers of historic and cultural resources. Along with celebrating a state's history, they identify properties for protection against potentially harmful governmental acts and for special funding and other incentives. State Register of Historic ...

Law Division

Posted By Preservation Leadership Forum May 17, 2016 7:41 PM
Found In Microsite: Preservation Leadership Forum - A Program of the National Trust for Historic Preservation

On a daily basis, the National Trust handles a variety of preservation law issues through both direct participation in disputes between parties and through consultation with organizations, individuals and governmental entities. How We Can Help Whether it's the potential loss of a family farm due to ...

Due Process

Posted By Preservation Leadership Forum May 19, 2016 7:06 PM
Found In Microsite: Preservation Leadership Forum - A Program of the National Trust for Historic Preservation

Two basic constitutional requirements apply to all regulatory laws in the United States, including any effort to protect historic property – fairness and equal treatment. They are know in legal terminology as "due process" and "equal protection." Due Process and Equal Protection Two basic constitutional ...

Freedom of Speech

Posted By Preservation Leadership Forum May 18, 2016 8:59 PM
Found In Microsite: Preservation Leadership Forum - A Program of the National Trust for Historic Preservation

The right to speak freely is guaranteed by the First Amendment to the U.S. Constitution and state constitutions. Freedom of Speech The right to speak freely is guaranteed by the First Amendment to the U.S. Constitution and state constitutions. The Constitution protects against viewpoint-based restrictions, ...

Transportation Advocacy

Posted By Preservation Leadership Forum May 19, 2016 9:17 PM
Found In Microsite: Preservation Leadership Forum - A Program of the National Trust for Historic Preservation

The federal Department of Transportation Act of 1966 included Section 4(f), which requires transportation planners to develop projects that protect or avoid historic resources. Federal Transportation Policy Transportation and preservation share a goal: creating better lives for Americans. Historically, ...

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