Because the Preservation Easement Trust is responsible for monitoring and enforcing the provisions of the
preservation easement, the property owner must receive prior approval before any visual or structural alteration is made to the exterior of an easement-protected property. In the case of an interior space
preservation easement, any proposed alterations to the specified interior space should also be reviewed and approved by the Trust. Routine maintenance and repairs do not require prior consent from the Trust, unless an adverse impact on the historic features and character of the easement-protected property is anticipated.
4) Appeals; and,
Prior to the start of any work, please complete the Alteration Request Form (access the Alteration Request Form) which can be submitted online via the website. The request should fully describe the proposed alteration with respect to location, dimensions, color, style and materials. If the submitted information is deemed to be insufficient
for the purpose of evaluating a proposed visual or structural alteration, the Trust may request additional items such as drawings, blueprints, color swatches and/or material samples. The Trust retains all submittals for its own records.
When evaluating a proposed visual or structural alteration, the
Trust relies upon The Secretary of the Interior’s Standards
for the Treatment of Historic Properties and typically approves
those alterations that are consistent with the historic architecture
and/or cultural landscape of the easement-protected property. To
learn more about The Secretary of the Interior’s Standards
for the Treatment of Historic Properties, please refer to the
Links web page.
Within 14 days of the receipt of an exterior alteration request, the Trust provides a written notification of its decision to the property owner. An approval by the Trust does neither refer nor attest to the structural soundness, safety, or compliance of the proposed work with applicable building codes. The property owner is still responsible for obtaining any required building permits, variances, exceptions, inspections, or other governmental approvals before starting the proposed work.
An appeal must be submitted by the property owner in writing. Please include any additional information that may have been missing in the original request. Within 14 days of the receipt of an appeal, the Trust provides a written notification of its decision to the property owner.
If a property is determined to be in non-compliance with the terms of the
Preservation Easement Deed, the property owner is promptly notified about the violation. The enforcement process begins with a letter that describes the violation and requests the property owner to contact the Trust within 7 days, so that the parties can work together in order to resolve the violation in a timely manner. If, within 90 days of receipt of such notice, the violation still remains and the property owner has not achieved some reasonable level of remediation, a second letter is sent stating that, if the violation is not resolved within the next 30 days, the matter will be referred to the Trustís legal counsel in order to pursue legal proceedings. In the final stage of the enforcement process, pursuant to the terms of the
Preservation Easement Deed, the Trust may seek injunctive relief including reimbursement for all attorney fees and court costs.