Moving Beyond Preservation Paralysis?: Evaluating Post-Regulatory Alternatives for Twenty-First Century Preservation

37 Vermont Law Review 113 (2012)

44 Pages Posted: 4 Feb 2014

Date Written: 2012

Abstract

Over the past decade, it has become extremely difficult to establish new local historic districts – or those districts aimed at providing targeted regulatory protection to historic areas or neighborhoods. Overall, these districts protect community character, encourage investment, and preserve historic fabric and an area’s greater sense of place. Absent this form of regulatory control, the only preservation options currently available hinge upon private efforts to protect individually significant properties – thus resistance to local historic districts effectively removes from the preservation movement its most effective tool at working on a larger scale.

To address this issue, this Article explores several non-regulatory mechanisms that may be able to provide a substitute for the various functions that local historic preservation district ordinances typically afford. Although these non-regulatory mechanisms will obviously not provide a perfect substitute or replacement, they can at least provide a measure of protection for areas where a local historic district may never be politically viable or as a method for protecting properties while efforts to enact such an ordinance continue to grind slowly forward.

Keywords: Historic Preservation Law, Land Use Law, Preservation Easements

Suggested Citation

Phelps, Jess R., Moving Beyond Preservation Paralysis?: Evaluating Post-Regulatory Alternatives for Twenty-First Century Preservation (2012). 37 Vermont Law Review 113 (2012) . Available at SSRN: https://ssrn.com/abstract=2289537

Jess R. Phelps (Contact Author)

Dinse P.C. ( email )

209 Battery Street
Burlington, VT 05401
United States

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