Case Studies: Midterm

Theodore Roosevelt’s 3 Initiatives to Advance Land Conservation

• Antiquities Act (1906)

• Bringing Conservation into the Public Conscious

• Bringing Conservation into the National Political Agenda

Pre-1966 Federal Initiatives

1872: Creation of the first National Park

1906: Passage of the Antiquities Act

1916: Establishment of the National Park Service under US Department of the Interior

1933: Passage of the Historic Sites Act

1949: Creation of the National Trust for Historic Preservation

What is the Antiquities Act?

Allows presidents to establish national and cultural monuments on public lands, without congressional approval.

4 Contributing factors to postwar need for stronger preservation laws

Urban renewal/slum clearance

GI Bill/suburbanization

• Provides tax incentives, encouraging returning soldiers to move to the suburbs

Highways

‘New-Trumps-Old’ mentality

What is ‘With Heritage So Rich’ and why is it significant?

• What:

• Contains prologue written by Lady Bird Johnson, the language of which directly inspired the 1966 National Historic Preservation Act

What is Section 106?

• Section 106 of the National Historic Preservation Act

• Requires government undertakings to historic properties be reviewed by the State Historic Preservation Office (SHPO)

  • “Undertakings” are the redevelopment of…

    • Federally-owned properties

    • Redevelopment projects receiving federal funding

    • Redevelopment projects requiring federal permits

• Requires that any adverse effects to a historic property—already listed or eligible for listing on the National Register—be mitigated

List players involved in Section 106

Federal agency (ownership, money, permits)

State Historic Preservation Office (SHPO)

Consulting parties (e.g., private property owner/developer)

Consultants (e.g., CRM firm conducting a study)

Interested parties

Tribal Historic Preservation Office

Advisory Council on Historic Preservation ACHP

Consulted parties v. Interested parties

Consulted parties - legitimate stakeholders

Interested parties - neighbors, preservation committees

What is the Penn Central Case involving Grand Central Terminal?

• The LPC prevented Penn Central from constructing an office tower (?) over Grand Central Terminal. Penn Central filed a lawsuit against the City of New York, which went to the Supreme Court.

• Penn Central’s arguments:

  • 5th Amendment - Penn Central argued that Grand Central was designed to accommodate a skyscraper on top. Thus, by preventing Penn Central from construction, the government was committing a ‘taking’ and preventing them from generating revenue

  • 14th Amendment: The LPC was ‘unfairly’ targeting Penn Central.

    • Rebuttal: Historic Preservation is an ongoing process.

What is the LPC?

• Established a LPC agency and board

• Established a system of protecting historic buildings, districts, scenic landmarks, and interiors through survey, designation, and regulatory review

• Every designated property incurs review by the LPC for changes made to the designated portion of the building

Who is on the LPC?

11 Commissioners, with at least one from each borough:

• At least 3 architects

• At least 1 historian

• At least 1 city planner or landscape architect

• At least 1 realtor

What are the LPC’s regulations?

• Permit for Minor Work (restorative)

  • Staff level [=>streamlined review process with a preservationist, rather than the full Commission]

  • Changes that don’t require a DOB permit

• Certificate of No Effect (infrastructure related)

  • Staff level

  • Changes that require a DOB permit

  • Given for alterations that do not effect the historic character of a historic property

• Certificate of Appropriateness (demolition, addition, substantial alterations, new constructions within historic districts)

  • Requires approval of Commissioners

  • Public process of Community Boards

  • Public hearing

What are the 6 federal guidelines for new additions within historic contexts?

• Preserve significant historic materials

• Preserve significant historic features

• Preserve the historic character

• Make a visual distinction between the old and the new

• Be compatible with the massing, size, scale, and architectural features of the historic building/district

• Be reversible

What is World Heritage Conservation?

Global advocacy efforts to preserve internationally significant resources

What are the 3 types of alliances in World Heritage Conservation?

• Governments

• Advocates

• Professionals

“Mind the GAP”

Convention Concerning the Protection of the World Cultural and Natural Heritage

Nara Document on Authenticity

• Japanese temples rebuilt every 20 yrs

Viollet Le Duc v. John Ruskin

Le Duc - leave it alone

Ruskin - New is better