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Lackawanna Avenue Commercial Historic District

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The National Historic Preservation Act ( NHPA , Pub. L.   89–665 , 80  Stat.   915 ) is legislation intended to preserve historic and archaeological sites in the United States of America . The act created the National Register of Historic Places, the list of National Historic Landmarks , and the State Historic Preservation Offices .

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62-471: Lackawanna Avenue Commercial Historic District is a national historic district located in Scranton , Lackawanna County, Pennsylvania . It encompasses 69 contributing buildings in a variety of architectural styles, including Late Victorian , Classical Revival , and Art Deco . The buildings are mostly three to four stories in height and three to five bays wide. Located in the district and separately listed

124-507: A Certificate of Appropriateness (COA), and the historic commission or architectural review board may decide upon the changes. The COA process is carried out with all aspects of due process, with formal notification, hearings, and fair and informed decision-making. According to the National Park Service, historic districts are one of the oldest forms of protection for historic properties. The city of Charleston, South Carolina

186-444: A State Historic Preservation Office, not all states must have a "state historic district" designation. As of 2004, for example, the state of North Carolina had no such designation. Local historic districts usually enjoy the greatest level of protection legally from any threats that may compromise their historic integrity because many land-use decisions are made at the local level. There are more than 2,300 local historic districts in

248-580: A federal designation, such as granting qualifications and tax incentives. In addition, the property can become protected under specific state laws. The laws can be similar or different from the federal guidelines that govern the National Register. A state listing of a historic district on a "State Register of Historic Places", usually by the State Historic Preservation Office , can be an "honorary status", much like

310-408: A historic district are normally divided into two categories, contributing and non-contributing. Districts vary greatly in size and composition: a historic district could comprise an entire neighborhood with hundreds of buildings, or a smaller area with just one or a few resources. Historic districts can be created by federal, state, or local governments . At the federal level, they are designated by

372-596: A historic district per U.S. federal law , last revised in 2004. According to the Register definition, a historic district is: a geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history. Districts established under U.S. federal guidelines generally begin

434-631: A historic property, both those listed or eligible for inclusion in the National Register of Historic Places , must consider the effects on historic properties and "seek ways to avoid, minimize or mitigate" any adverse effects on historic properties. The typical Section 106 Review involves four primary steps: 1 - Initiation of the Section 106 Review; 2 - Identification of Historic Properties; 3 - Assessment of Adverse Effects; and 4 - Resolution of Adverse Effects. Further steps may be required if there

496-544: A mesh of structures, streets, open space, and landscaping to define a historic district's character. As early as 1981, the National Trust for Historic Preservation identified 882 American cities and towns that had some form of "historic district zoning " in place--local laws meant specifically to protect historic districts. Before 1966, historic preservation in the United States was in its infancy. That year

558-563: A plethora of information, techniques, and methods to assist people in carrying out preservation efforts locally. In 1956, President Dwight D. Eisenhower signed the Federal Aid Highway Act of 1956 into law which established the Interstate Highway System , providing an easy and efficient way for troops to depart if under attack. Due to this new construction, many historic properties were destroyed. In

620-514: A price per square foot basis increased in value significantly more than non-designated properties. The original concept of an American historic district was a protective area surrounding more important, individual historic sites. As the field of historic preservation progressed, those involved came to realize that the structures acting as "buffer zones" were key elements of the historical integrity of larger landmark sites. Preservationists believed that districts should be more encompassing, blending

682-496: A property must meet one of four criteria and have sufficient integrity. Being listed on or eligible for listing on the National Register does not automatically prevent damage or destruction but it qualifies these approved properties for grants, loans, and tax incentives. The State Historic Preservation Office (SHPO) and Officer was established by the NHPA to coordinate statewide inventory of historic properties, nominate properties to

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744-456: A separate process unrelated to zoning. Local historic districts are identified by surveying historic resources and delineating appropriate boundaries that comply with all aspects of due process . Depending on local ordinances or state law, property owners' permission may be required; however, all owners are to be notified and allowed to share their opinions. Most local historic districts are constricted by design guidelines that control changes to

806-520: A showcase and generate tourism. The focus of preservation eventually shifted from patriotism to the aesthetics of a structure or area and ultimately to their structural relationships with society at large. According to Robin Elizabeth Datel, modern motivations for preservation can be summed up in four points: The economic benefits of preservation continue to become more important and better understood and documented. Preservation efforts produce

868-423: A specific definition in relation to the National Register. All but the eponymous district category are also applied to historic districts listed on the National Register. A listing on the National Register of Historic Places is a governmental acknowledgment of a historic district. However, the Register is "an honorary status with some federal financial incentives." The National Register of Historic Places defines

930-520: Is a disagreement among the consulting parties on adverse effects or the resolution of the effects. The federal agency overseeing the project inventories the project area (or contracts with a qualified consultant) to determine the presence or absence of historic properties. They then submit to the SHPO a Determination of Effect/Finding of Effect (DOE/FOE) outlining to the SHPO the project, the efforts taken identify historic properties, and what effects, if any,

992-561: Is an umbrella term that encompasses archaeology, historic preservation and other disciplines when employed for the purposes of compliance with NHPA and other federal and state-mandated historic preservation laws. Prior to the passage and subsequent enforcement (through litigation) of the National Historic Preservation Act of 1966 and other laws, most archaeologists, (architectural) historians, and other historic preservation specialists were employed primarily in

1054-407: Is credited with beginning the modern-day historic districts movement. In 1931, Charleston enacted an ordinance which designated an "Old and Historic District" administered by a Board of Architectural Review. Charleston's early ordinance reflected the strong protection that local historic districts often enjoy under local law. It asserted that no alteration could be made to any architectural features

1116-508: Is destroying the physical evidence of the past." During the 1950s and 1960s, people saw the negative changes in their cities and developed a concern for their "quality of life that reflected their identity." As a response to the nationwide destruction brought about by federally initiated programs, a report coordinated by Lady Bird Johnson analyzed the country and the effects of urban renewal. With Heritage So Rich , an accumulation of essays, wrote "an expansive inventory of properties reflecting

1178-471: Is little more than recognition by the government that the resource is worthy of preservation. Generally, the criteria for acceptance to the National Register are applied consistently, but there are considerations for exceptions to the criteria, and historic districts influence some of those exceptions. Usually, the National Register does not list religious structures, moved structures, reconstructed structures, or properties that have achieved significance within

1240-488: Is not involved, then the listing on the National Register provides the site , property or district no protections. For example, if company A wants to tear down the hypothetical Smith House and company A is under contract with the state government of Illinois, then the federal designation would offer no protections. If, however, company A was under federal contract, the Smith House would be protected. A federal designation

1302-470: Is the Dime Bank Building . It was added to the National Register of Historic Places in 1983. Historic district (United States) Historic districts in the United States are designated historic districts recognizing a group of buildings, archaeological resources, or other properties as historically or architecturally significant. Buildings, structures, objects, and sites within

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1364-940: The Historic Sites Act , which established a national policy for preservation and permitted the Secretary of Interior to create programs on behalf of preservation efforts. During the Great Depression era, the Historic American Buildings Survey (HABS) was established by the Franklin D. Roosevelt Administration. It provided jobs for unemployed architects, engineers, and surveyors. They were charged with surveying, recording, documenting, and interpreting historic properties, creating an invaluable documentation of numerous buildings and other structures. The Historic Sites Act also organized

1426-473: The Mount Vernon Ladies' Association to fight for this house. After establishing the first group promoting preservation efforts, they raised the money to acquire the property and protect it from ruin. Due to their efforts, this house has come to stand to represent the nation and the birth of independence, but it also, "served as a blueprint for later organizations." In 1906, an act was passed on

1488-537: The National Park Service and listed on the National Register of Historic Places ; this is a largely honorary designation that does not restrict what property owners may do with a property. State -level historic districts usually do not include restrictions, though this depends on the state. Historic districts created by local municipalities, however, almost always protect historic properties by regulating alterations, demolition, or new construction within

1550-573: The National Trust for Historic Preservation "to facilitate public participation in the preservation of sites, buildings, and objects of national significance or international interest." In addition, the law "enforced public participation in preserving and protecting the sites, buildings, objects of national significance in American history." Initially, the National Trust for Historic Preservation did not provide funds for preservation projects. Today, they offer funds for planning and education and provide

1612-560: The U.S. Conference of Mayors penned an influential report which concluded, in part, that Americans suffered from a sense of "rootlessness." They recommended historic preservation to help give Americans a sense of orientation. The creation of the National Register of Historic Places in 1966, on the heels of the report, helped instill that sense of orientation the mayors sought. The mayors also recommended that any historic preservation program not focus solely on individual properties but also on "areas and districts which contain special meaning for

1674-479: The 1960s, President John F. Kennedy launched the Urban Renewal Program. Hoping the plan would rejuvenate the cities, it in fact increased the destruction in the downtown areas. The increase in population around this time, as well, and the manufacturing of cars called for a rapid change, therefore hindering our nation and its culture. "With the urbanization, tear downs, and rebuilding America ... it

1736-575: The Interior established a new entity known as the National Park Service , the nation's first agency to regulate and manage public space, including the national monuments. "Over the past fifty years the NPS has acquired more than 26,000,000 acres (110,000 km ) of land, including not only the great chain of parks preserved for their natural beauty and value, but an extraordinary variety of historic buildings, monuments, and sites." By 1935, Congress passed

1798-470: The National Register of Historic Places. If such an objection occurred, then the nomination would become a determination of National Register eligibility only. This provision is controversial because of the presumption that owners who do not file a formal objection support the designation, placing the burden on opponents. Most U.S. state governments have a listing similar to the National Register of Historic Places. State listings can have similar benefits to

1860-512: The National Register of Historic Places. Specifically it requires the federal agency to "take into account" the effect a project may have on historic properties. It allows interested parties an opportunity to comment on the potential impact projects may have on significant archaeological or historic sites. The main purpose for the establishment of the Section 106 review process is to minimize potential harm and damage to historic properties. Any federal agency whose project, funding or permit may affect

1922-507: The National Register of Historic Places. This industry has also allowed a larger swath of individuals to participate in archaeology and history as, unlike in the academic arena, a PhD is not required to earn a professional livelihood. The Secretary of the Interior's Professional Qualification Standards for archeologists require a graduate degree plus at least one year of full-time experience, at least four months of fieldwork, and demonstrated ability to carry research to completion. Additionally,

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1984-617: The National Register, maintain a statewide preservation plan, assist others, and advise and educate locals. There are a total of 59 SHPO officers, one for each state with eight additional ones, which include the District of Columbia, Puerto Rico, the Virgin Islands, and others. Section 106 of the National Historic Preservation Act mandates federal agencies undergo a review process for all federally funded and permitted projects that will impact sites listed on, or eligible for listing on,

2046-578: The National Register. For example, in Nevada , listing in the State Register places no limits on property owners. In contrast, state law in Tennessee requires that property owners within historic districts follow a strict set of guidelines from the U.S. Department of Interior when altering their properties. Though, according to the National Historic Preservation Act of 1966, all states must have

2108-424: The United States is primarily based on arguments that such laws creating such districts restrict the supply of affordable housing, and thus the result of such districts is that of enforcing caste structures and class divisions by region and segments of urban areas. Several historic districts have been proposed not for a true preservation purpose but to prevent development. The issue of local historic districts and

2170-425: The United States. Local historic districts can be administered at the county or the municipal level; both entities are involved in land use decisions. The specific legal mechanism by which historic districts are enacted and regulated varies from one state to the next. In some areas, they are a component of zoning (where they are sometimes referred to as "overlay districts." In other places, they are created under

2232-668: The Vieux Carré Commission and authorizing it to act to maintain the historic character of the city's French Quarter . Other localities picked up on the concept, with the city of Philadelphia enacting its historic preservation ordinance in 1955. The regulatory authority of local commissions and historic districts has been consistently upheld as a legitimate use of government police power, most notably in Penn Central Transportation Co. v. City of New York (1978). The Supreme Court case validated

2294-405: The act requires federal agencies to evaluate the impact of all federally funded or permitted projects on historic properties (buildings, archaeological sites, etc.) through a process known as Section 106 Review . Many of the historic preservation provisions that had been in 16 U.S.C. are present in 54 U.S.C.   §§ 300101 – 320303 by Pub. L.   113–287 (text) (PDF) , which

2356-478: The basic field work often required in support of performing inventories of cultural resources is conducted by individuals with or earning bachelor's degrees. As a result, many undergraduates and recent graduates in the fields which support the implementation of the National Historic Preservation Act have found gainful employment. In the past, they stood little chance of earning a living in these fields without an advanced degree. However, Cultural Resource Management (CRM)

2418-539: The behalf of the nation's history and land. President Teddy Roosevelt signed the Antiquities Act that "prohibited the excavation of antiquities from public lands without a permit from the Secretary of Interior." It also gave the president authority to declare a specific piece of land a national monument, therefore protecting it from scavengers and proclaiming national identity. In 1916, the Department of

2480-659: The chairman appointed by the president. The council's role is to advise the President and Congress on historic preservation issues, to develop policies and guidelines handling any conflicts of federal agencies, and to participate in the Section 106 review process. The National Register of Historic Places , overseen by the National Park Service, is the nation's official list of districts, sites, buildings, structures, and objects worthy of preservation, and are officially designated "historic properties" regardless of whether they are archaeological or historic. To be eligible for listing,

2542-455: The community." Local, state, and federal historic districts now account for thousands of historical property listings at all levels of government. National Historic Preservation Act of 1966 Senate Bill 3035, the National Historic Preservation Act, was signed into law on October 15, 1966, and is the most far-reaching preservation legislation ever enacted in the United States. Several amendments have been made since. Among other things,

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2604-421: The designation process through a nomination to the National Register of Historic Places. The National Register is the official recognition by the U.S. government of cultural resources worthy of preservation. While designation through the National Register does offer a district or property some protections, it is only in cases where the threatening action involves the federal government . If the federal government

2666-668: The district. Much criticism has arisen of historic districts and the effect protective zoning and historic designation status laws have on the housing supply. When an area of a city is designated as part of a 'historic district', new housing development is artificially restricted and the supply of new housing permanently capped in area so designated as 'historic'. Critics of historic districts argue that while these districts may offer an aesthetic or visually pleasing benefit, they increase inequality by restricting access to new and affordable housing for lower and middle class tenants and potential home owners. Housing advocates have argued that

2728-435: The field of academia, working at universities or other places of higher learning. However, since the passage of the NHPA, ever-increasing numbers of these professionals are employed in support of the cultural resources management industry. Large public works projects often require that teams of archaeologists perform limited excavations in order to properly inventory buried archaeological remains and assess their eligibility for

2790-528: The historic designation process has in many places been hijacked by NIMBY homeowners to block housing. The first U.S. historic district was established in Charleston, South Carolina in 1931, predating the U.S. federal government designation by more than three decades. Charleston city government designated an "Old and Historic District" by local ordinance and created a board of architectural review to oversee it. New Orleans followed in 1937, establishing

2852-627: The impact on property values concerns many homeowners. The effects have been extensively studied using multiple methodologies, including before-and-after analysis and evaluating comparable neighborhoods with and without local designation status. Independent researchers have conducted factual analysis in several states, including New Jersey, Texas, Indiana, Georgia, Colorado, Maryland, North and South Carolina, Kentucky, Virginia, and elsewhere. As stated by economist Donovan Rypkema, "the results of these studies are remarkably consistent: property values in local historic districts appreciate significantly faster than

2914-420: The journey towards legislation. One of the earliest efforts of the preservation movement occurred around the 1850s. President George Washington 's home, Mount Vernon , was in shambles. His nephew attempted to sell it to the federal government for $ 200,000, but the government did not authorize such a purchase. To prevent further destruction or conversion of the property to a resort, Ann Pamela Cunningham founded

2976-406: The last 50 years. However, if a property falls into one of those categories and are " integral parts of districts that do meet the criteria", then an exception allowing their listing will be made. Historic district listings, like all National Register nominations, can be rejected based on owner disapproval. In the case of historic districts, a majority of owners must object to nullify a nomination to

3038-545: The market as a whole in the vast majority of cases and appreciate at rates equivalent to the market in the worst case. Simply put – historic districts enhance property values." In a 2011 study Connecticut Local Historic Districts and Property Values , it was found that "property values in every local historic district saw average increases in value ranging from 4% to over 19% per year." Similarly, in New York City between 1980 and 2000, local historic district properties on

3100-457: The most jobs in the nation's economy and these jobs create new businesses and tourism, increase property values, and enhanced the quality of life in a community. The National Historic Preservation Act has led to major changes in the employment trends in historic preservation fields. Archaeologists, historians, historic architects, and others have been employed in vast numbers in the field of cultural resource management. Cultural resource management

3162-464: The nation's heritage, a mechanism to protect those properties from unnecessary harm caused by federal activities, a program of financial incentives, and an independent federal preservation body to coordinate the actions of federal agencies affecting historic preservation." The book triggered public awareness of the issue and offered a proposition to handle the situation through the National Historic Preservation Act. The National Historic Preservation Act

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3224-465: The national parks under the National Park Service, which created the foundation for the future development of the National Register of Historic Places . Although the Antiquities Act and Historic Sites Act were major stepping stones for the preservation movement, these did not create a broad public "national awareness." On October 26, 1949, President Harry Truman signed legislation creating

3286-460: The project may have on historic properties. If the project is believed to have no adverse effect on eligible historic resources and the SHPO and other consulting parties agree, then the Section 106 process is effectively closed and the project may proceed. Alternatively, if an adverse effect is expected, the agency is required to work with the local State Historic Preservation Office to ensure that all interested parties are given an opportunity to review

3348-420: The project, but does not prevent any site from demolition or alteration. Early preservation efforts were driven by patriotism and a desire to protect the new establishment of the nation by wealthy, private individuals. Early efforts focused primarily on individual structures as opposed to areas such as a neighborhood in a city or a rural landscape. The preserved structures were often turned into museums to create

3410-410: The properties included in the district. Many local commissions adopt specific guidelines for each neighborhood's " tout ensemble " although some smaller commissions rely on the Secretary of Interior Standards. For most minor changes, homeowners can consult with local preservation staff at the municipal office and receive guidance and permission. Significant changes, however, require homeowners to apply for

3472-435: The property owner's consent or compensation for the historic overlay. Historic districts are generally two types of properties, contributing and non-contributing. Broadly defined, a contributing property is any property, structure, or object which adds to the historical integrity or architectural qualities that make a historic district, listed locally or federally, significant. Different entities, usually governmental, at both

3534-456: The proposed work and provide comments. This step seeks ways for the project to avoid having an adverse effect on historic properties. Ideally, a Memorandum of Agreement is reached between all consulting parties outlining agreed to mitigation or avoidance of historic properties, but this is not always the case. Without this process historical properties would lose a significant protection. This process helps decide different approaches and solutions to

3596-516: The protection of historic resources as "an entirely permissible governmental goal." In 1966, the federal government created the National Register of Historic Places, soon after a report from the U.S. Conference of Mayors had stated Americans suffered from "rootlessness." By the 1980s, there were thousands of federally designated historic districts. Some states, such as Arizona, have passed referendums defending property rights that have stopped private property from being designated as historic without

3658-713: The public could view from the street. Local historic districts, as in New Orleans and Savannah, Georgia , predate the Register by ten years or more as well. Local historic districts are most likely to generate resistance because of the restrictions they tend to place on property owners. Local laws can cause residents "to comply with (local historic district) ordinances." For example, homeowners may be prevented from upgrading poorly insulated windows unless they spend tens of thousands of dollars on identical styles. Criticism of historic districts in Chicago and elsewhere in

3720-525: The state and national level in the United States, have differing definitions of contributing property, but they all retain the same basic characteristics. In general, contributing properties are integral parts of a historic district's historical context and character. In addition to the two types of classification within historic districts, properties listed on the National Register of Historic Places are classified into five broad categories. They are: building, structure, site, district, and object; each one has

3782-556: Was signed into law by Lyndon B. Johnson on October 15, 1966. This act established several institutions: Advisory Council on Historic Preservation , State Historic Preservation Office, National Register of Historic Places, and the Section 106 review process. The Section 106 Process is further explained and defined in 36 CFR 800 . Meeting four times a year, the Advisory Council on Historic Preservation consists of 23 members from both public and private sectors, with

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3844-484: Was signed into law on December 19, 2014. Prior to the 1960s, "historic preservation was," according to a 2015 column in The Washington Post , "neither a public policy issue nor part of America's architectural, planning and real estate development culture. Historic-preservation laws didn't exist." Although there was no national policy regarding preservation until 1966, efforts in the 19th century initiated

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