Landmark status does not restrict what a property owner can do with their building; provided it does not also receive local designation and zoning regulations, demolition can occur without penalty.
Identification of an effective use for any building can help save it from demolition. This may include using it as a residential structure, non-profit organization or tourist attraction.
Designation
Landmarked properties enjoy extensive protection from destruction. Any serious exterior work that would harm or alter its character requires the approval of the Landmarks Preservation Commission (LPC), which has to go through an extensive approval process in order to give its approval – evidenced by how ruins from Roosevelt Island smallpox hospital and even magnolia trees in Bed Stuy have already received this stamp of approval from LPC.
Once a building is designated, special considerations under NYC zoning laws regarding height and setback requirements. Furthermore, its owner must save building materials that could be reused to reconstruct it in case reconstruction becomes necessary.
But just because a structure is considered a landmark doesn’t mean it cannot be destroyed; New York City has already seen several historic structures demolished this year; one being Jacob Dangler Mansion on Willoughby Avenue in Bed Stuy that had been scheduled by LPC as being eligible for landmarking in 2022 and which was demolished shortly thereafter.
Permits
Assuming a building or district is designated as either a landmark or historic district, federal laws and regulations limiting changes that detract from its character will typically apply; these do not extend to private properties; some cities even have local preservation ordinances which could impact renovation plans for landmarked properties.
Any project affecting a landmarked building or district typically must first be reviewed by the Landmarks Preservation Commission (LPC), with their approval required before filing with DOB for permits. Unfortunately, this process may be lengthy and expensive – however there are ways to speed things up!
expedite fees can range from $2,000 to $3,000. Hiring one could save both time and money in the long run. Also, gathering as much community support for preservation efforts before approaching the LPC can increase its likelihood of approval.
Enforcement
Many people believe that once a building has been designated a historical landmark it will never be demolished; however, that may not always be the case; even once designated landmarked, its owner still has full freedom to make changes as needed without breaking any laws.
The city can attempt to prevent buildings from being demolished by imposing fines or other penalties on owners who violate rules, though often have difficulty convincing building owners to comply.
Preservationists have called for a substantial reform to LPC and DOB processes following events at 441 Willoughby Avenue. They allege that developers have captured LPC, rendering it ineffective against their destruction of historic sites, while LPC and DOB allow demolitions without proper review; records obtained via FOI request indicate this coaching from LPC regarding how best to respond at Landmarks Commission hearings.
Funding
While historic preservation is an admirable goal, it also recognizes that buildings and structures must adapt with changing times in order to remain relevant and useful in modern society. Change is necessary if old buildings are to remain relevant.
The National Park Service explains that being listed on the National Register does not restrict what a non-federal owner can do with their property, including destruction. However, if the National Register-listed property receives federal funding for renovations there are laws and regulations in place to safeguard landmarks against destruction or changes that detract from their character.
Construction mishaps often lead to the destruction of historic landmarks, like when work on an adjacent building cracked the facade of Duffield Street houses or when an employee at Dangler Mansion accidentally tore down its masonry walls. Preservationists contend LPC and DOB are breaking the law by permitting such destruction.
