No one ever said it would be
easy…
The Role of Historic District
Commissioners
Farmington Hills
Historic District Commission
January 9, 2008
Kristine M. Kidorf
Kidorf Preservation Consulting
Detroit, Michigan
www.mhpn.org

Michigan Historic
Preservation Network
Your statewide historic preservation non-
profit
• Education: conference, workshops,
newsletter, essay contest, Randolph
School, Partners for Sacred Places

Michigan Historic
Preservation Network
Advocacy: state & national legislation,
how-to

Michigan Historic
Preservation Network
Easement donations

Requirements of HDC members
– Resident of the City
– Majority must have a demonstrated
interest or knowledge in historic
preservation
– Members serve a 3 year term
– 2 people from a list submitted by 1
or more preservation organizations
– Registered architect if available

Your Job as a Historic District
Commissioner
– Review all exterior changes in local historic
districts.
– Issue Certificates of Appropriateness, Notices to
Proceed, or Denials
– Develop design guidelines
– Promote preservation in your community

Why is Review so
important?
Knowing what the consequences of work will
be in the planning phase provides the
basis for more informed judgments about
the irreplaceable material record. What we
choose to repair, replace, or demolish
ultimately determines how the property is
understood by today's and tomorrow's
viewers. Signs fall down and interpreters
aren't always there. So essentially, the
work itself is the explanation.

Making the Decision
What to Consider – PA 169
US Secretary of the Interior’s Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings (36 CFR part
67).
Design review standards and guidelines if they exist.
The historic or architectural value and significance of the
resource and its relationship to the historic value of the
surrounding area.
The relationship of any architectural features of the resource
to the rest of the resource and to the surrounding area.
The general compatibility of the design, arrangement, texture,
and materials proposed to be used.
Other factors, such as aesthetic value, that the Commission
finds relevant.

Making the Decision
Questions to ask
Why is the property significant?
• What information is contained in the
study committee report?
• Is the resource important by itself or
as a piece of a larger district?
• Is it important for its architecture, its
history, or both?
• Does it contribute to the district?

Making the Decision
Questions to Ask - Significance

Making the Decision
Contributing vs. Non-
Contributing
Does this building contribute to a commercial
district with buildings constructed from the 1890s
through the 1930s?

Making the Decision
Contributing vs. Non-Contributing
• Does this still contribute to the
district?

Making the Decision
Questions to Ask
What are the key features of the
resource?
• Architectural – porches, windows,
doors, siding, trim, massing, roof
• Landscape – trees, walkways,
gardens
• Garages and outbuildings
• Placement in the district

Making the Decision
Questions to Ask
What are the key features of this resource?

Making the Decision
Questions to Ask
What is the character of the
proposal?
• Is it for repairing?
• Is it for replacing? With a
matching or modern material?
• Is it for an addition?
• Is it for new construction within a
district?
• Is it for demolition?

Making the Decision
Questions to Ask – Case Study
The proposal is for vinyl replacement windows, what are
the questions we need to ask about this building?

Making the Decision
Four options:
• Certificate of Appropriateness
• Denial
• Notice to Proceed
• Postpone to a date certain

Making the Decision
Certificate of Appropriateness
• Does the work meet “The Secretary of the
Interior’s Standards for Rehabilitation and
Guidelines for Rehabilitating Historic
Buildings?”

The Secretary of the Interior’s Standards
(1) A property shall be used for its historic
purpose or be placed in a new use that
requires minimal change to the defining
characteristics of the building and its site
and environment.
(1) Every reasonable effort shall be made to provide a
compatible use of a property which requires minimal
alteration of the structure or site.

The Secretary of the Interior’s Standards
(2) The historic character of a property shall be retained
and preserved. The removal of historic materials or
alteration of features and spaces that characterize a
property shall be avoided.
(2) The distinguishing original qualities or character of a
structure or site shall not be destroyed. The removal or
alteration of any historic material or distinctive features shall
be avoided.

The Secretary of the Interior’s Standards
(3) Each property shall be recognized as a physical
record of its time, place, and use. Changes that
create a false sense of historical development, such
as adding conjectural features or architectural
elements from other buildings, shall not be
undertaken.
(3) All buildings shall be recognized as products of their
own time. Alterations that have no historical basis and
which seek to create an earlier appearance shall be
discouraged.

The Secretary of the Interior’s Standards
(4) Most properties change over time; those
changes that have acquired historic
significance in their own right shall be
retained and preserved.
(4) Changes which may have taken place in the course of
time are evidence of the history and development of a
building and its environment. These changes may have
acquired significance in their own right, and this
significance should be recognized and respected.

The Secretary of the Interior’s Standards
(5) Distinctive features, finishes, and construction techniques or
examples of craftsmanship that characterize a historic
property shall be preserved.
(5) Distinctive stylistic
features or examples
of skilled
craftsmanship which
characterize a
building shall be
treated with
sensitivity.

The Secretary of the Interior’s Standards
(6) Deteriorated historic features shall be repaired
rather than replaced. Where the severity of
deterioration requires replacement of a
distinctive feature, the new feature shall match
the old in design, color, texture, and other visual
qualities and, where possible, materials.
Replacement of missing features shall be
substantiated by documentary, physical, or
pictorial evidence.
(6) Deteriorated architectural features shall be repaired rather
than replaced whenever possible. If replacement is needed, the
new material should match the material being replaced in color,
composition, texture, design and other visual qualities. Repair or
replacement of missing features should be based on accurate
duplications of features or pictorial evidence rather than on
conjectural designs or the availability of different architectural
elements from other sources.

The Secretary of the Interior’s Standards
(7) Chemical or physical treatments, such as
sandblasting, that cause damage to historic materials
shall not be used. The surface cleaning of structures,
if appropriate, shall be undertaken using the gentlest
means possible.
(7) The surface cleaning of structures shall be undertaken
with the gentlest means possible. Sandblasting and other
cleaning methods that damage the building materials shall
not be undertaken.

The Secretary of the Interior’s Standards
(8) Significant archeological resources
affected by a project shall be
protected and preserved. If such
resources must be disturbed,
mitigation measures shall be
undertaken.
(8) Contemporary design for alterations and additions to
existing properties will not be discouraged when such
alterations and additions do not destroy significant
historical, architectural or cultural material and such design
is compatible with the size, scale, color, material and
character of the property or neighborhood.

The Secretary of the Interior’s Standards
(9) New additions, exterior alterations, or
related new construction shall not destroy
historic materials that characterize the
property. The new work shall be
differentiated from the old and shall be
compatible with the massing, size, scale,
and architectural features to protect the
historic integrity of the property and its
environment.
(9) Whenever possible, new additions or alterations to
structures shall be done in such a manner that if such
additions or alterations were to be removed in the future,
the essential form and integrity of the structure would be
unimpaired.

The Secretary of the Interior’s Standards
(9) New additions, exterior alterations, or related new
construction shall not destroy historic materials that
characterize the property. The new work shall be
differentiated from the old and shall be compatible
with the massing, size, scale, and architectural
features to protect the historic integrity of the
property and its environment.

The Secretary of the Interior’s Standards
(10) New additions and adjacent or related new
construction shall be undertaken in such a manner
that if removed in the future, the essential form and
integrity of the historic property and its environment
would be unimpaired.

Evaluating the application
• Review application – take note of what’s
important about the resource
• Assess current condition, is the material
original? Is it repairable?
• What are the qualities of the proposed
materials?
• What do the Secty Interior Stds say?
• Are there extenuating circumstances?
• Don’t be afraid to say no!

Porches
• Add a metal railing to the steps

Siding
• Want to install vinyl siding

Windows
• Want to install vinyl replacement
windows

Windows
• Want to replace these windows

Making the Decision
Denial
• The work does not meet “The Secretary of
the Interior’s Standards for Rehabilitation
and Guidelines for Rehabilitating Historic
Buildings”
• Issue a denial
• Applicant can re-apply with new
information/changed application; or
• Appeal to the State Historic Preservation
Review Board

Making the Decision
Notice to Proceed
• Application does not meet “The Secretary of the Interior’s
Standards for Rehabilitation and Guidelines for Rehabilitating
Historic Buildings”
• Meets condition for a Notice to Proceed
• (1) The resource constitutes a hazard to the safety
of the public or the structure’s occupants.
• (2) The resource is a deterrent to a major
improvement program that will be of substantial
benefit to the community and the applicant
proposing the work has obtained all necessary
planning and zoning approvals, financing and
environmental clearances.
• (3) Retaining the resource will cause undue
financial hardship to the owner when a governmental
action, an act of God, or other events beyond the
owner’s control created the hardship, and all feasible
alternatives to eliminate the hardship, which may
include offering the resource for sale at its fair
market value or moving the resource to a vacant site
within the district, have been attempted and
exhausted by the owner.
• (4) Retaining the resource is not in the interest of
the majority of the community.

Notice to Proceed – Hazard to
Public Safety
What would be required to determine if this structure is a
hazard to the safety of the public or the occupants?

Notice To Proceed - Deterrent to
Major Improvement Program
The proposal is to demolish these houses to build a
school on the property.

Notice To Proceed
Economic Hardship
Refer to document from SHPO
Key Points:
1. Economic Hardship – SOI Standards
2. Economic Feasibility – Ordinance specific – prevents
reasonable use
3. Financial Hardship – Justification for demolition

Notice To Proceed
Economic Hardship
What kind of evidence do you need to justify
Economic Hardship?

Making the Decision
Postpone to a date certain
Can postpone the application for the
following:
• More information about the application.
• Clarify information provided.
• Cannot get a motion passed
Be careful of 60 days, to be safe get a
written extension from the applicant.

Before the Meeting
Ensure applications are complete – develop
application guidelines
Ensure given proper notification for
meetings – Agenda set ahead
Ensure reviewing applications within 60 day
time frame
Do your homework! Review the applications
BEFORE you get to the meeting! Visit the
site.

Perception - During the
Meeting
• Ensure public can hear – microphones if
possible – no sidebar conversations!
• Ensure recording meeting, in case of
appeal
• Ensure taking notes for minutes and in
case technology fails
• Explain what’s going to happen – script for
chair
• Treat public with kindness and respect –
they might be nervous and afraid!

After the Meeting
• Written decisions sent to applicants
- Why application approved or denied
- If denied: reason, how to correct, how to
appeal
- Must be sent within 60 days
- Good idea to send denials registered
mail and 1st class
• Decisions are communicated to Building
Department
• Minutes are prepared

Violations of the Ordinance
Property owners who do work before getting a permit or
do not do what the Commission approved.
Law allows for the Commission to order work corrected if
it does not meet “The Secretary of the Interior’s
Standards.”
If work not corrected Commission can get a court order
to enter property, correct work, and put a lien on the
property.

Demolition by Neglect
Gives Commission powers to
correct situations where property
owners are neglecting their
historic properties.

Demolition by Neglect
Commission can order repairs made.
If owner does not make repairs
Commission can get a court order to
enter property, make repairs, put a lien
on the property.

Demolition by Neglect
Successes
Property owner sold property that they
could not care for, or made necessary
repairs.

Demolition by Neglect
Failures
Property owner continues to put the
Commission off by promising repairs and
never making them, or ignoring the
Commission altogether.

Design Guidelines
• Helpful for
common types of
work
• Must be approved
by the State
Historic
Preservation Office
• Make them easy
for the public to
understand
• Get comments
from public before
adopting so there
is buy-in

Helpful HDC Education Hints
• Year-end wrap up – slide show of before &
after of applications; evaluate HDC’s work
– what can be improved? Invite elected
officials
• Send agendas with results to elected
officials so they can see you’re approving
most applications
• Meet annually with elected officials
• Celebrate Preservation Month – ice cream
social with HDC – Open House

HDC Staff Duties
• Varies from community to community
• Generally Staff is the day-to-day face of
the Commission – directed by the
municipality - answers questions, reviews
applications, meeting agendas, field work,
reports/recommendations, decision
letters, violations, demo by neglect

Questions?
Thank you!

Historic Preservation
Tax Incentives

State Historic
Preservation Office
Michigan Historical Center
Michigan Department of History, Arts &
Libraries

Historic Preservation Income
Tax Incentives
 State – Michigan Business Tax
 State – Section 266 of the Income Tax
Act of 1967 (PA 70)

STATE TAX CREDITS
 Encourage investment in Michigan’s
historic resources
 Administered by the State Historic
Preservation Office, Michigan Historical
Center, Michigan Department of History,
Arts and Libraries and the Michigan
Department of Treasury
 25% credit on state income tax

STATE TAX CREDITS
QUALIFIED TAX PAYER
 Owner
 Long-term lessee
 Residential 27.5 Years
 Non-residential 39 years

STATE TAX CREDITS
HISTORIC RESOURCES
 The resource must be 50 years of age
or older
 The resource must retain its integrity
 The resource can be a building,
structure, site, object, feature, or
open space

STATE TAX CREDITS
HISTORIC RESOURCES
 If the resource is in a unit of government
with a population less than 5,000 the
resource must meet one of the following
three criteria:
 Listed in the National Register of Historic
Places (Located within the boundaries of
a National Historical Park)
 Listed in the State Register of Historic
Sites
 Located in a local historic district
established under an ordinance that is
compliant with PA 169

STATE TAX CREDITS
HISTORIC RESOURCES
 If the resource is in a unit of
government with a population greater
than 5,000 the resource must meet
the following criteria:
 Located in a local historic district
established under an ordinance that
is compliant with PA 169

STATE TAX CREDITS
ELIGIBLE RESOURCES
 Owner-occupied residences
 Income-producing commercial, industrial
or residential resources

STATE TAX CREDITS
ELIGIBLE PROJECTS
 Rehabilitation expenditures must be
equal to or greater than 10% of the
State Equalized Value (SEV)
 Rehabilitation must be in conformance
with The Secretary of the Interior’s
Standards for Rehabilitation

STATE TAX CREDITS
ELIGIBLE EXPENDITURES
 Expenditures can be incurred over a
maximum period of five years
 Expenditures must have been made
no more that five years prior to the
submittal of the application

STATE TAX CREDITS
ELIGIBLE EXPENDITURES
 Expenditures eligible for the tax credit
include:
 Mechanical, plumbing, electrical
 Roof work
 Painting
 Architect/Engineer fees, Application fees
 Kitchens and bathrooms

STATE TAX CREDITS
ELIGIBLE EXPENDITURES
 Expenditures not eligible for the tax
credit include:
 Acquisition costs
 Furnishings
 Window coverings
 Building additions
 Appliances

STATE TAX CREDITS
TAX CREDIT APPLICATION
 Part 1 – Evaluation of Eligibility
 Part 2 – Description of Rehabilitation
 Part 3 – Certification of Completed
Work

STATE TAX CREDITS
TAX CREDIT APPLICATION
 Part 1 – Evaluation of Eligibility
 Brief description of resource
 Statement of significance
 Location map
 Declaration of Location
 $25 processing fee
 Photographs, both interior and exterior

STATE TAX CREDITS
TAX CREDIT APPLICATION
 Part 2 – Description of Rehabilitation
 Work description
 Plans and specifications
 Estimated cost of rehabilitation
 Verification of SEV form
 Photographs of areas of work
 Amendment sheet

STATE TAX CREDITS
TAX CREDIT APPLICATION
 Part 3 – Certification of Completed
Work
 Photographs of completed work
 Application fee – determined by the
amount of rehabilitation expenditures
 Credit can only be claimed in the year that
the Part 3 is certified

STATE TAX CREDITS
PROJECT REVIEW
 State tax credit application review is
separate from local review
 State tax credit application review is
for the entire resource, including both
interior and exterior

STATE TAX CREDITS
USING THE CREDIT
 Credit is claimed the year work is
completed and certified by the SHPO
 Credit can be carried forward up to 10
years
 Credit is subject to a recapture period
of 5 years

STATE TAX CREDITS
APPLICATION CERTIFICATION
 Certifications made by the SHPO
 Applicants have the right to appeal
certification decisions
 The SHPO will notify the Department of
Treasury of certifications
 Credits are claimed on state tax returns,
Historic Preservation Tax Credit Claim
(Form 3581)

STATE TAX CREDIT PROJECT
506 E. KINGSLEY, ANN ARBOR
 Remove
asbestos shingle
siding
 Repair porch
structure
 New paint color
scheme

STATE TAX CREDIT PROJECT
506 E. KINGSLEY, ANN ARBOR
 $71,345
Final Project
Cost
 $17,836 Tax
Credit

STATE TAX CREDIT PROJECT
506 E. KINGSLEY, ANN ARBOR

STATE TAX CREDIT PROJECT
HUGH H. RICHARD BUILDING, 505
WILDWOOD AVENUE, JACKSON
 Repair slate roof
 Repoint masonry
 Exterior paint
 Porch restoration
 Total project cost:
$28,285
 Tax credit: $7,071

STATE TAX CREDIT PROJECT
HUGH H. RICHARD BUILDING, 505
WILDWOOD AVENUE, JACKSON

STATE TAX CREDIT PROJECT
339 COLLEGE AVENUE, GRAND
RAPIDS, HERITAGE HILL HISTORIC
DISTRICT
 Reconstruct grand
staircase
 Repair plaster
 Replace missing
trim
 Repair and refinish
hardwood floors
 $20,375 State
income tax credit

STATE TAX CREDIT PROJECT
HUGH H. RICHARD BUILDING, 505
WILDWOOD AVENUE, JACKSON

STATE TAX CREDIT PROJECT
921 W. LOVELL, KALAMAZOO
 Remove asbestos
shingle siding
 Reconstruct front
porch
 New paint color
scheme
 Interior
Rehabilitation
 Total cost
$67,000

FEDERAL TAX CREDITS
 10% Credit – Rehabilitation of non-
historic buildings:
 Built prior to 1936
 Non-residential
 20% Credit – Rehabilitation of historic
structures:
 Property must be depreciable
 Rehab must be “substantial”
 Building must be a“certified” historic
resource

20% FEDERAL TAX CREDITS
CERTIFIED HISTORIC STRUCTURE
 Individually listed in the National
Register of Historic Places
 Contributes to the character of a
registered historic district

20% FEDERAL TAX CREDITS
APPLICATION PROCESS
 State Historic Preservation Office –
Reviews all Michigan projects
 National Park Service – Makes all final
determinations
 Internal Revenue Service – Monitors
credits

STATE TAX CREDITS
COMBINED WITH FEDERAL TAX
CREDITS
 Must apply for federal tax credits if
eligible
 20% federal credit + 5% state credit
 Complete the federal application form
only
 Declaration of Location Form
 Verification of the SEV Form

CONTACTS AND ADDITIONAL
INFORMATION
 Federal or Combined Applications
Robbert McKay
517/335-2727
McKayR@michigan.gov
 State Applications
Bryan Lijewski
517/373-1631
LijewskiB@michigan.gov