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New York City Landmarks Law

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New York City Landmarks Law
NameNew York City Landmarks Law
Enacted1965
JurisdictionNew York City
Introduced byRobert F. Wagner Jr.
Administered byNew York City Landmarks Preservation Commission
Statuscurrent

New York City Landmarks Law is a municipal statute enacted in 1965 to preserve New York City's historically, culturally, and architecturally significant sites. The law created the New York City Landmarks Preservation Commission to identify, designate, and regulate landmarks and historic districts across the five boroughs of Manhattan, Brooklyn, Queens, The Bronx, and Staten Island. It has influenced preservation practices in cities such as Boston, Philadelphia, Chicago, San Francisco, and Los Angeles.

History

The 1965 law followed the 1963 demolition of Pennsylvania Station and debates involving figures like Robert Moses and Jane Jacobs, which also implicated organizations including the Municipal Art Society of New York, the New York Historical Society, and the American Institute of Architects. Early advocates included Andrew Haswell Green-era preservationists and postwar activists who referenced cases such as Grand Central Terminal controversies and international heritage movements tied to UNESCO. Subsequent amendments responded to events like the World Trade Center site redevelopment and policy disputes involving Mayor John Lindsay, Mayor Rudy Giuliani, Mayor Michael Bloomberg, and Mayor Bill de Blasio.

Scope and Definitions

The law defines categories: individual New York City Landmarks (including buildings like Empire State Building, Chrysler Building, Flatiron Building), Interior landmarks (e.g., New York Public Library Main Branch reading room), Scenic landmarks (e.g., Central Park), and historic districts (e.g., Greenwich Village Historic District, Brooklyn Heights Historic District). It distinguishes properties owned by entities like Metropolitan Transportation Authority and Port Authority of New York and New Jersey and considers criteria comparable to the National Register of Historic Places and National Historic Landmarks Program. Definitions reference architectural styles such as Beaux-Arts architecture, Art Deco, Gothic Revival, and movements linked to architects like McKim, Mead & White, Cass Gilbert, I.M. Pei, Frederick Law Olmsted and firms such as Skidmore, Owings & Merrill.

Landmark Designation Process

Designation begins with staff surveys by the New York City Landmarks Preservation Commission following nominations from the public, elected officials (including members of the New York City Council), and preservation groups like the Preservation League of New York State and the Historic Districts Council. Hearings involve testimony from stakeholders such as property owners, developers like Related Companies or Silverstein Properties, community boards, and organizations including the National Trust for Historic Preservation and the Municipal Art Society of New York. Decisions can be litigated in courts including the New York State Supreme Court and have been subject to appeals involving law firms, municipal counsel, and advocacy groups. Designations have affected projects at sites like Lincoln Center for the Performing Arts, South Street Seaport, High Line, Gansevoort Market Historic District, and SoHo Cast Iron Historic District.

Once designated, alterations, demolitions, and new construction require Certificates of Appropriateness issued by the New York City Landmarks Preservation Commission, often reviewed in coordination with agencies such as the New York City Department of Buildings, New York City Department of Transportation, and Metropolitan Transportation Authority Bridges and Tunnels. Provisions address façades, interiors, streetscapes and involve standards comparable to the Secretary of the Interior's Standards for Rehabilitation. The law affects projects financed by institutions like the Federal Housing Administration, New York State Housing Finance Agency, or tax incentive programs such as the Federal Historic Preservation Tax Incentives and New Markets Tax Credit.

Enforcement and Penalties

Enforcement mechanisms include stop-work orders, violations adjudicated by the Environmental Control Board (New York City), civil penalties, and criminal sanctions in cases of willful demolition, with litigation in the New York State Supreme Court and appeals to the New York Court of Appeals. High-profile enforcement actions have involved owners such as Vornado Realty Trust and developers associated with projects near One57 and Hudson Yards; settlements have been reached with institutions including Columbia University and New York University.

Impact and Controversies

The law has preserved landmarks like Statue of Liberty National Monument-adjacent structures, Ellis Island facilities, and neighborhood fabrics in Harlem, Little Italy, Chinatown, Williamsburg, and DUMBO. Critics argue designations can constrain development promoted by entities such as Related Hudson Yards and exacerbate housing shortages highlighted by NYU Furman Center studies and debates involving leaders like Mayor Michael Bloomberg and Governor Andrew Cuomo. Controversies have involved alleged inequities in designation patterns across neighborhoods represented by council members, disputes with preservationists like the Friends of the High Line, and conflicts over adaptive reuse at sites like Tammany Hall and Seventh Regiment Armory.

Administration and Key Agencies

Primary administration rests with the New York City Landmarks Preservation Commission, supported by staff and preservation architects, coordinating with the New York City Department of Buildings, New York City Department of Housing Preservation and Development, New York City Economic Development Corporation, Landmarks Preservation Commission Advisory Board, and community boards. Partnerships involve nonprofit organizations including the Historic Districts Council, Landmarks Conservancy, Preservation League of New York State, National Trust for Historic Preservation, and academic institutions such as Columbia GSAPP, Pratt Institute, and New York University programs in preservation.

Category:Historic preservation in the United States