Historic districts and municipal consolidation

[michaelskis]

Here is a quandary and I don’t have an answer that I am confident about.

One of my client communities is part of a consolidation effort with another community. One question that no one seems to have a clear answer on is will the local historic district in one community remain if the consolidation with the other community, that does not have a historic district, is approved. The State Historic Preservation Office is not real clear on an answer either. There is a report that came out saying that it will need to be completely reestablished from square one, including voting on. But another said that they will just need to include the current language into a new Code of Ordinances after the new Charter is established.

According to the state, this has never happened before so they don’t have anything to base it on, and the state act and governing rules are not super clear on it. The client community has also contacted their attorney just to see what they would say, but I am curious if this has happened in other states and what the outcome was.

What are your thoughts?

[mike gurnee]

Whatever the attorneys say. The district was duly established; it should remain and be part of the consolidation contract. An historic district has certain rights/responsibilities: doing away with it takes those rights. Hopefully the first community has an historic preservation board; and if so their functions should be merged into the consolidated jurisdiction.

[michaelskis]

Whatever the attorneys say. The district was duly established; it should remain and be part of the consolidation contract. An historic district has certain rights/responsibilities: doing away with it takes those rights. Hopefully the first community has an historic preservation board; and if so their functions should be merged into the consolidated jurisdiction.

Yes, Town A has a historic preservation board, town B does not. The Attorneys are not quite sure and think that it can remain, but suggested that we contact the State. The State is not sure and at first suggested that we contact our local attorneys, but are now looking deeper into the laws.

For other things like DDA's and TIF districts, our state law has processes and procedures to follow to address these types of things. However, the Historic District law does not have that same language and is silent on the matter.

[SW MI Planner]

One of my client communities is part of a consolidation effort with another community. One question that no one seems to have a clear answer on is will the local historic district in one community remain if the consolidation with the other community, that does not have a historic district, is approved. The State Historic Preservation Office is not real clear on an answer either. There is a report that came out saying that it will need to be completely reestablished from square one, including voting on. But another said that they will just need to include the current language into a new Code of Ordinances after the new Charter is established.

According to the state, this has never happened before so they don’t have anything to base it on, and the state act and governing rules are not super clear on it. The client community has also contacted their attorney just to see what they would say, but I am curious if this has happened in other states and what the outcome was.

What are your thoughts?.

I would think that consolidation shouldn't invalidate the preliminary/final study reports or the process for establishing these districts. Theyve already established the basis for having the districts, and consolidation doesn't affect that basis, so I agree (intuitively, not based on law) that the language bolded above.