Professional Documents
Culture Documents
The Historic Preservation Division of the Wisconsin Historical Society receives Federal financial assistance for the
identification and protection of historic properties. Under Title VI of the Civil Rights Act of 1964, Section 504 of
the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended, the U.S. Dept. of the Interior
prohibits discrimination on the basis of race, color, national origin, or disability or age in its federally assisted
programs. If you believe you have been discriminated against in any program, activity, or facility as described
above, of if you desire further information, please write to:
COVER PHOTOS
Top Left: Copeland’s Service Station (currently known as Sherman Perk), Milwaukee, built 1939.
Photo courtesy of the Mayor’s office, City of Milwaukee.
Middle Left: Pottawatomie Lighthouse, Town of Washington, Door County, built 1858.
Photo by Tim Sweet, Friends of Rock Island.
Bottom Left: Whistler Mound Group, Village of Hancock, Waushara County, constructed Woodland period.
Photo by Jerry W. Carlton, Clerk, Village of Hancock.
Top Right: How-Beckman Mill, Town of Newark, Rock County, built 1868.
Photo by Kevin Johnson, Friends of Beckman Mill Inc.
Bottom Right: Stoughton City Hall, Library and Auditorium, Stoughton, Dane County, built 1901.
Photo by Art Wendt.
Photo by Richard A. Bernstein
Barns, southern Dane County
Edited by
Richard A. Bernstein
ACKNOWLEDGMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v
FOREWORD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vi
PART I: PLANNING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Chapter 1: Planning for the Future. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
What is Smart Growth? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
What is Sprawl? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
What is a Comprehensive Plan? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
What are Cultural Resources? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
What is Historic Preservation? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Why Preserve? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Why Plan for Cultural Resources? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Integrating Cultural Resources with Other Plan Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Getting Started . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
APPENDICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Appendix A—A Model Historic Preservation Ordinance for Small Communities . . 55
Appendix B—City of La Crosse’s Archaeological Preservation Ordinance . . . . . . . 59
Appendix C—State and National Register of Historic Places Questionnaire . . . . . 61
ACKNOWLEDGMENTS
T
he publication of this brochure was a group effort, in which many people throughout the
Division of Historic Preservation played a large part. Diane Holliday, former assistant state
archaeologist, wrote several sections about archaeology, and Geoff Gyrisco, the former local
government coordinator, chapters on Legal Strategies and Funding.
The Division would also like to thank those planners who took the time to review this document
in draft form in its entirety; primarily Brian Ohm and Chuck Law, both of UW–Extension and Kevin
Pomeroy, formerly the Design Coordinator for the Wisconsin Main Street Program at the Department
of Commerce.
Special thanks also goes to Bobbie Malone, Office of School Services, Wisconsin Historical Society
and Paul Benjamin of the Department of Agricultural, Trade and Consumer Protection for their review
and helpful comments.
Roberta Couillard of the Public History Division, Wisconsin Historical Society designed the
publication.
v
Division of Historic Preservation
Office: 608-264-6500
Fax: 608-264-6504
Web: www.wisconsinhistory.org
FOREWORD
W
hen Wisconsin Act 9 was signed into law on October 27, 1999, Wisconsin joined the nation’s
growing comprehensive planning movement. According to a survey recently undertaken by
the American Planning Association, only seven states mandate that every comprehensive
plan address cultural resources. This puts Wisconsin in rare company when it comes to cultural
resource planning.
This new legislation presents the historic preservation community in Wisconsin with a unique
opportunity to integrate cultural resource preservation into the larger comprehensive planning process.
Historic preservationists should care about comprehensive planning and the broader planning picture
because decisions made about land-use, transportation, zoning, and subdivisions often critically impact
efforts to preserve a historic building, an archaeological site or a historic neighborhood or downtown.
When a community plans ahead to preserve a historic property, site or district before other decisions
have been reached, there is a greater likelihood of success. Many communities will seize this
opportunity to develop an ambitious historic preservation plan. For example, the city of Bayfield
and the village of Sussex have done just that, and the Division of Historic Preservation applauds their
efforts.
The Division’s five-year strategic plan places a priority on assisting communities with integrating
cultural resource preservation into their required comprehensive plans. We welcome and urge commu-
nities to contact us to discuss why cultural resources are among your community’s greatest assets and
to discover what specific information the Division may have about cultural resources in your backyard.
Together we can preserve Wisconsin’s past and leave a legacy for future generations.
Alicia L. Goehring
State Historic Preservation Officer
Administrator, Division of Historic Preservation
Wisconsin Historical Society
vi
PART I: PLANNING
Part I provides an overview of the cultural
resource planning process. This process allows
communities to survey, evaluate and map those
resources they want to protect.
R
apid growth is changing the face of The National Trust for Historic Preservation
Wisconsin. Citizens cite unplanned growth defines Sprawl as “dispersed, low-density devel-
as one of the biggest threats facing historic opment that is generally located at the fringe of an
resources in Wisconsin, and for good reason. It is existing settlement and over large areas of previ-
estimated that Wisconsin will add 450,000 new ously rural landscape. It is characterized by segre-
households between 1995 and 2015. As recently as gated land uses and dominated by the automo-
1998, only 29% of all Wisconsin communities bile.”
had developed any land-use plan. Combined with Sprawl is the opposite of Smart Growth. Smart
the trend toward “scattered development,” Growth recycles existing buildings and land, con-
unplanned growth competes with the preserva- serves historic downtowns and residential neigh-
tion of Wisconsin's ancient and historic places. borhoods, preserves farmland and maintains local
Only 30% of the buildings in Wisconsin docu- community character to promote a sense of com-
mented during the Great Depression by the feder- munity and protect the environment for future
al Historic American Building Survey (HABS) pro- generations. By contrast, Sprawl devours open
gram have survived. Only 25% of Wisconsin’s space and wastes public and private investments
Native American mounds remain intact. made in existing communities.
Continuing sprawl threatens our traditional rural Historic preservationists favor Smart Growth
landscapes and archaeological sites, and it diverts because they understand that regional land-use
potential resources away from our historic down- decisions about transportation, zoning and subdi-
towns and neighborhoods. New development can visions have direct and indirect effects on local
create jobs and bolster the economy, but, when efforts to preserve historic buildings, archaeologi-
unplanned, it can create problems. By planning for cal sites or entire historic downtowns.
change, communities can benefit from growth,
seizing its opportunities while avoiding its pit-
falls.
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Smart Growth Guide
The new law provides fourteen goals that state agencies are asked to consider when taking
actions and that communities must consider when writing a comprehensive plan with state
planning aids:
1. Promotion of the redevelopment of lands with existing infrastructure and public services
and the maintenance and rehabilitation of existing residential, commercial and industrial
structures.
3. Protection of natural areas, including wetlands, wildlife habitats, lakes, woodlands, open
spaces and groundwater resources.
5. Encouragement of land uses, densities and regulations that promote efficient development
patterns and relatively low municipal, state governmental and utility costs.
8. Building of community identity by revitalizing main streets and enforcing design standards.
9. Providing an adequate supply of affordable housing for individuals of all income levels
throughout each community.
10. Providing adequate infrastructure and public services and an adequate supply of devel
opable land to meet existing and future market demand for residential, commercial and
industrial uses.
11. Promoting the expansion or stabilization of the current economic base and the creation of
a range of employment opportunities at the state, regional and local levels.
12. Balancing individual property rights with community interests and goals.
13. Planning and development of land uses that create or preserve varied and unique urban
and rural communities.
14. Providing an integrated, efficient and economical transportation system that affords
mobility, convenience and safety and that meets the needs of all citizens, including
transit-dependent and disabled citizens.
4
Planning for the Future
5
Smart Growth Guide
6
Planning for the Future
community decides its appropriate plan, the cul- facilities, such as factories or schools, into multi-
tural resource section forms the basis for a more unit housing facilities.
detailed historic preservation plan to be developed The redevelopment and rehabilitation of the
at a future date. Mineral Point High School (please see sidebar on
Each community will have different reasons to next page) demonstrates how the issues of hous-
develop the cultural resource section in its compre- ing, economic development and the preservation
hensive plan. Smaller communities with few his- of a cultural resource can overlap. This inter-rela-
toric resources and tight budgets may not need or tionship between cultural resources and other
be able to address a full range of cultural resource required plan elements exist in many communi-
issues. Larger communities with many cultural ties.
resources and a professional planning staff may Conflicts between historic preservation and
use the plan to address the full range of issues. possible traffic improvements need consideration
Establishing a cultural resource section can during the comprehensive planning process.
provide the basis for developing a preservation Questions to ask could include: Will widening a
program if none exists, and it can strengthen exist- community’s main street affect commercial or res-
ing preservation programs or serve to resolve idential use of a historic district? What actions can
existing and future conflicts among competing a community take before serious conflicts arise?
land-use goals. A thorough cultural resource sec- While historic and natural resources are listed
tion will: together in the comprehensive planning statute, it
• State the goals and objectives of historic is important to coordinate natural resource preser-
preservation in the community; vation with issues of cultural significance. In some
cases, the preservation of natural resources is com-
• Educate and inform the general public; patible with the preservation of cultural resources.
• Assure consistency or eliminate incon- For instance, many local communities have pre-
sistency among various local government served ancient mound groups by including them
policies; within local public parks. Both the Village of
• Form a solid legal basis for the adoption Hancock's Whistler Mounds Park in Waushara
of a new historic preservation ordinance County and the City of Sheboygan's Indian
or to strengthen an existing historic preser- Mound Park preserved and interpreted a large
vation ordinance; group of Native American mounds as part of a
broader public open-space.
• Form an agenda for future preservation
Conflicts between the preservation of natural
activities and to create a way to measure
and historic resources may occur, but many
progress; and
options exist for conflict resolution. To resolve
• Comply with Wisconsin’s Comprehensive such conflicts, project participants should examine
Planning legislation, the available options and the inherent values pres-
ent in both sets of resources.
Integrating Cultural Resources
with Other Plan Elements Getting Started
Comprehensive Planning provides a number A preservation group, a historic preservation
of methods that advance preservation values and commission or even a single dedicated individual,
concerns. All plan elements should consider the can provide the needed impetus to “kick-start” the
preservation of a community’s significant archaeo- cultural resource planning process. Stimulated by
logical and historic resources. For example, a good Smart Growth legislation, local government offi-
housing element will analyze existing housing cials or planning authorities can also take the ini-
stock and describe the unmet community housing tiative. The next few chapters provide some guid-
needs. There are several solutions to housing prob- ance to implement Wisconsin’s new Smart Growth
lems that incorporate accepted preservation legislation and how planning for cultural resource
approaches and practices. A preservation-focused preservation can be a useful part of a community’s
plan encourages rehabilitation of older communi- comprehensive plan.
ty housing stock rather than simply planning new
construction to meet shortages. In addition, the
plan can also consider conversion of abandoned
7
Smart Growth Guide
After
8
The Cultural Resource Plan Development Process
T
toric preservation commission and historic preser-
here are many ways communities decide to
vationists in general, should participate in defin-
develop a comprehensive plan and all the
ing the scope of the comprehensive plan.
elements within it. Much will depend on a
Particular attention should be paid when the
community’s size, the planning resources at its dis-
Issues and Opportunities element of the compre-
posal and, in terms of historic preservation, the
hensive plan is developed. Not all nine elements
number and kinds of cultural resources the com-
receive equal emphasis in every plan; emphases
munity includes.
will vary, as will the issues, among communities.
Although cultural resources are combined
Those selected elements that need the most work
with natural and agricultural resources in the com-
by consultants, municipal planners and interested
prehensive planning legislation, there is no state
citizens will depend on the nature of the commu-
requirement to combine all three resources into a
nity and its priorities.
single chapter in the final comprehensive plan.
Because of its singular importance, some commu-
nities, such as the City of La Crosse, have devoted
a full chapter to cultural resources. Again, each
community will have to decide that for itself.
9
Smart Growth Guide
Step-by-Step Guide for Developing the To begin, invite team members to share with
Cultural Resource Plan each other what they already know about the com-
munity’s cultural resources and their views as to
A useful model that a community can follow is problem areas. Everyone may agree on the prob-
in Guide to Community Planning in Wisconsin. lems or there may be several points of view. It is
The full text can be found on the web at important that the subsequent planning process
www.lic.wisc.edu/shapingdane/resources/planning/libr accommodate the perspectives of team members
ary/book/other/title. It has been adapted and sum- to establish their stake in the process and so that
marized below. the process taps the team members’ energy and
experience.
Step 1: Organize the Historic Preservation Team
Participation from many community sectors Step 2: Visioning
will yield more ideas and a fuller vision. Early in the planning process the team should
Participation also increases the community’s will- investigate the concerns and values the communi-
ingness to accept the pan’s ultimate recommenda- ty holds about its historic and cultural resources.
tions. To be most effective, the team should be This can reveal sensitive issues and highlight areas
manageable in size. While broad representation is that enjoy a high level of interest and support.
important and there are other critical characteris- Sharing values and concerns builds enthusiasm
tics for team members. Members need to be and commitment to the planning process.
knowledgeable about either historic preservation Discussion should be non-judgmental and open to
or a community’s history. Members might come expressions of diverse and contradictory view-
from key community groups such as a historic points. The process of collecting this information is
preservation commission, local historical society, often called visioning.
Native American groups or a community’s Main The Village of Lodi presents an important
Street program. In addition, team members should example for a medium-sized community. Lodi’s
be able to commit the time to prepare for and Vision 2025 states the following overarching goal:
attend meetings, be able to work effectively with
others, have a successful track record of complet- In 2025, Lodi is a community that links
ing work and have a broad network of community the future with the past by recognizing the
contacts. Even if the planning team is broadly rep- importance of history in growth and develop-
resentative, it should seek ways to include diverse ment. The center of our small town is a pedes-
perspectives and input from the general public. trian-friendly main street that celebrates his-
The balance of views from those not directly repre- torical architecture, while our waterways and
sented on the team can be included through focus surrounding vistas nourish the health and
groups, special listening sessions, interviews or beauty of the valley.
written testimony.
Step 3: Taking Stock
The planning team should first set up opera-
What information is available about cultural
tion ground rules for meetings. Who will chair
resources in the community? Check existing
meetings? Who will keep minutes and other
records, particularly those at the Wisconsin
records? Who will send out meeting notices?
Historical Society, the local historical society, the
When will meetings be held? What is the time line
community’s planning department or historic
for the planning process? Where will meetings
preservation commission, local college or universi-
occur? Is there a budget to support the effort? If
ty, local history section of the library, or similar
there is a budget, how much is it, who will control
places where records are available.
it and are there limitations as to how it may be
spent? Will more money be needed? If so what are After collecting the existing information, the
the possible sources? next step is to evaluate its thoroughness and accu-
racy. Once reviewed, ask the group if they recom-
The team should then clarify its purpose and
mend an additional survey of cultural resources.
identify the convening authority. The planning
If so, identify the cultural resource survey that the
team may be the same group of individuals
community should undertake (thematic, update of
charged with preparing the entire comprehensive
previous dated survey, geographically specific,
plan, a community’s historic preservation commis-
rural, etc.). Chapter 4: The Cultural Resource
sion or a separate group of individuals. These
Survey is devoted to the process of undertaking a
specifics will vary in each community.
cultural resource survey since that is an early and
10
The Cultural Resource Plan Development Process
T
here are ten steps that each cultural resource
outlines the community work program in the area
section can follow. The Wisconsin Historical
of preservation. This is a statement of philosophy
Society offers these as one possible outline
that guides the other provisions of the cultural
for the cultural resources section of your plan.
resource section.
1. State the community’s goals and
2. Define the community's historic character;
objectives for cultural resource
preservation; The definition of historic character is an essen-
tial part of the cultural resource section, because it
2. Define the community's historic
describes the community’s unique character. As
character;
the character of a community changes over time,
3. Summarize past efforts to preserve that this description will provide context and continu-
community’s historic character; ity when the cultural resource section is updated
4. Survey the community’s historic and or amended.
archaeological resources to create a Communities can approach defining their
comprehensive and up-to-date resource character in a number of ways. For some, a simple
list of or a statement identifying future summary of its history may suffice. Others may go
survey needs; further and identify why their community’s her-
5. Explain the legal basis for the protec- itage is different from neighboring communities.
tion of cultural resources; A community that has completed a comprehensive
cultural resource survey should list and map the
6. Discuss the relationship between cultur- known cultural resources within the community.
al resources and other local land-use This approach may also be suitable for smaller
laws and growth management tools; communities with few historic resources.
7. State the public sector's responsibility
towards publicly-owned cultural 3. Summarize past efforts to preserve that
resources; community’s historic character;
8. Describe incentives that are or can be A concise and accurate summary of the histo-
available to assist in developing the ry of the community’s preservation efforts is a crit-
community's cultural resource preserva- ical aspect of the cultural resource section. This
tion plan ; will provide a historic context for future preserva-
9. Identify the relationship between tion efforts.
cultural resources, the community's Business, government and preservation lead-
educational system and program goals; ership changes over time. Future leaders need a
and record of how a community’s preservation pro-
gram evolved. Many preservation controversies
10. Develop an action plan that sets a
result in carefully crafted compromises and trade-
timetable to accomplish the goals and
offs between preservationists, developers, proper-
objectives identified in the plan.
ty-owner and local government leaders. such com-
promises are tacitly understood when they are
Each of these issues is described in more detail
made, but never formally adopted in writing. The
below:
cultural resource section can serve as the public
record on such matters
1. State the community’s goals and objec-
Preservation issues recur time and again in
tives for cultural resource preservation;
communities with significant historic resources.
Community goals and objectives are the back- These include owner consent to designation, pro-
bone of the cultural resource section. They provide tection of districts versus individual landmarks,
1. This chapter is taken from Chapter 2 of Planning Advisory Service Report No. 450, Preparing a Historic Preservation Plan, by Brad
White and Richard Roddewig (Chicago: American Planning Association, March 1994)
12
Model Outline for the Cultural Resource Section
review of alteration or demolition and the han- open-space conservation programs. These regula-
dling of cases of economic hardship. If a communi- tions impact on the preservation of cultural
ty has addressed these issues and settled upon an resources, and their administration should be
acceptable way of handling them, there is usually appropriately coordinated. For example, zoning
no need to address the issue again, unless circum- variances or special-use applications granted in
stances have significantly changed. The cultural historic neighborhoods or districts can have a sig-
resource section can provide guidance to future nificant impact on historic character for properties
generations on why the preservation program is adjacent to historic resources, specially in terms of
structured the way it is in a community. setting. In a historic residential district where one
of the essential qualities is a streetscape of single-
4. Survey the community’s historic and story cottages with uniform street setbacks, an
archaeological resources to create a application for a setback requirement variance
comprehensive and up-to-date resource might mar the character of the district. A special
list or a statement identifying future exception application to allow commercial use in
survey needs; one of the cottages might also change a historic
district’s general character. If local zoning pro-
A community’s preservation program should motes the auto-oriented suburban model (as many
include a designation process to ensure that all ordinances do) a failure to grant variances for his-
potential historic resources and districts are toric properties (e.g. parking requirements) may
included. This prevents singling out owners of his- adversely impact the setting of historic properties.
toric structures for designation while owners with The plan should also address the role played
equally significant properties escape considera- by the historic preservation commission, in land-
tion. Courts may call that a violation of the funda- use, transportation and public works decisions.
mental legal principles of “due process” and For example:
“equal protection of the law.” A comprehensive
survey is the method for identifying and gathering • Should the historic preservation commis-
data on a community’s cultural resources. (For sion have clear authority to appear at
more information about surveying a community hearings of the planning commission or
please see Chapter 4: The Cultural Resource zoning board of appeals to raise preserva-
Survey.) tion concerns affected by rezoning, special
uses or variances?
5. Explain the legal basis for the protection • How will the historic preservation commis-
of cultural resources; sion get notice of these other hearings?
The cultural resource section of the plan • How much time should he historic preser-
should reference the state statute that enables a vation commission is given to review the
community to pass an historic preservation ordi- application prior to the hearing before the
nance to protect and promote historic resources. planning commission, zoning board of
Listed below are the three laws that provide local appeals, etc.?
governments the authority to establish a historic • Should the decisions made by the historic
preservation ordinance. Should a local community preservation commission be advisory or
either have or want to have a historic preservation mandatory for other commissions?
ordinance then the law that applies should be ref-
erenced in the community’s comprehensive plan. • Should all zoning and planning matters
(For more detail please see sidebar on next page.) concerning or affecting historic resources,
including rezoning, special uses, variances,
6. Discuss the relationship between cultural planned unit development applications
resources and other local land-use laws and subdivisions, or consolidations be
and growth management tools, such as reviewed by the historic preservation
zoning ordinances; subdivision ordi- commission?
nances and open-space conservation There are many ways to integrate land-use
programs; management tools with historic preservation goals
and plans. The plan should provide the communi-
Historic preservation ordinances should be ty with the opportunity to review other land-use
consistent with other land-use controls, such as decisions from a preservation perspective to
zoning ordinances, subdivision regulations and
13
Smart Growth Guide
14
Model Outline for the Cultural Resource Section
15
Smart Growth Guide
16
The Cultural Resource Survey
A
community-wide cultural resource survey
tion of the comprehensive plan. If a community
should be an early step in developing a
has an up-to-date survey, then it is advisable to
successful long-range historic preservation
look to the future and set a timetable for when it
plan or program. The community’s comprehen-
should be updated.
sive plan, prepared and adopted by the communi-
Questions the community should ask to deter-
ty and its planners, should provide a basis for inte-
mine if an update is appropriate:
grating cultural resource survey information with
other planning data and should be an important • Has the community changed significantly
part of the community’s comprehensive plan. It since the time of the last survey?
can help establish priorities for dealing with cul- • Are there important resources from the
tural resources within the larger framework of 1930s, 1940s and 1950s that were
existing local planning programs and present spe- overlooked?
cific recommendations for meeting those priori-
• Were important types of resources over
ties.
looked, such as industrial buildings, rural
farmsteads or workers’ housing?
What is a Cultural Resource Survey? If any of these are true, then an updated sur-
A cultural resource survey can be defined as vey may be appropriate. To better understand
the process of identifying and gathering data on a what kind of survey may be appropriate for a com-
community’s cultural resources, and can be either munity, it may be advisable to consult with the
archaeological or architectural in nature. The Division of Historic Preservation.
underlying reason for undertaking a cultural A good and thorough survey of cultural
resource survey is the growing recognition, by cit- resources, both historic and prehistoric, enables a
izens and government alike, that cultural community to look at itself, take stock and deter-
resources have value and should be retained as mine what makes it significant. The documenta-
functional parts of daily modern life. tion produced by a cultural resource survey (or
A survey of this type involves collecting and surveys) provides the community with complete
organizing historical data, including documents, and accurate information that can be used for a
photographs and information from many sources. variety of educational, cultural, historical and
It usually involves a research and a field compo- community purposes. A survey will enable a com-
nent. The cultural resource survey usually results munity to build the foundation for a sustainable
in a final survey report that catalogues a commu- historic preservation program.
nity’s cultural resources. Depending on a community’s goals, a survey-
A cultural resource survey report should or can gather enough detailed information, to help
define the community’s historic character. The designate properties as local landmarks or to nom-
final survey report helps make a community inate them to the State Register or National
aware of the value of preserving its past. Register of Historic Places. Alternatively, a survey-
Moreover, a survey report provides the informa- or can gather less data, supplying only enough
tion essential to plan for the wise use of the com- information for an accurate identification and loca-
munity’s cultural resources. It should enable a tion of a particular historic or ancient site. This is a
community to identify what is most important to choice that each community should consider as
preserve and assist in the development of a long- part of its planning process.
range historic preservation program to guide If a community has already been surveyed, the
future local decision-making. comprehensive plan should clearly indicate its
completion and whether the survey needs to be
What Kind of Cultural Resource Survey updated. If a cultural resource survey has not been
is Appropriate? undertaken, then the community should consider
if such a survey is warranted what kind of survey
If a community has not fully surveyed its
is best and how that might best be financed and
resources within the past fifteen years, then a com-
administered.
17
Smart Growth Guide
The Division of Historic Preservation of the Wisconsin Historical Society has custodial respon-
sibility for maintaining records on the following:
• buildings and structures
• human burial sites
• land archaeological sites
• underwater archaeological sites
These databases are managed in electronic form by the Division and updated on a regular
basis. This suite of databases is known as the Wisconsin Archaeological and Historical Resource
Database, or WisAHRD (pronounced Wizard), for short.
WisAHRD provides users with quick and easy access to up-to-date information. This comput-
er application allows users to search the Division’s databases based on locational or contextual
information or both, as well as view site records and dynamic maps of site locations. WisAHRD
will be accessible to qualified consultants, archaeologists, historians, planners and other profes-
sionals on the Internet through licensed agreement with the Division.
A public terminal is available at the Division of Historic Preservation offices, located at 816
State Street, Madison, Wisconsin, for the explicit use of WisAHRD. Use of this terminal is free,
but a per page fee will be charged for printing. First time users must follow a short on-line
tutorial and sign a user agreement. For further information about WisAHRD contact the Division
at (608) 264-6500.
18
The Cultural Resource Survey
19
Smart Growth Guide
20
PART II: IMPLEMENTATION
The following chapters provide information
for different types of strategies. These
include:
A
n effective local preservation program
should include a promotional and educa- team can be targeted for a special tour as a way of
tional component. This chapter describes a introducing them to the significance of the com-
number of educational and promotional activities munity’s cultural resources and the value of pre-
that were used successfully in Wisconsin. serving history.
Promotional and educational activities
increase the public’s awareness and can make a Workshops
critical difference in the effectiveness of a historic Historic preservation commissions and other
preservation effort. Historic preservation commis- preservation groups regularly sponsor programs
sions, local historical societies and private preser- for the public. The Wausau Historical Society
vation organizations all over Wisconsin have used recently gathered about forty realtors for a pro-
various media to educate their members and the gram on architectural styles. The Madison Trust
public. The campaigns described in this section
targeted the general public and specific audiences
to encourage support for historic preservation Stoughton Walking Tours Brochures
projects.
In most cases, local government officials and
those individuals who develop a community’s
comprehensive plan are the best audiences to tar-
get. The first step is to develop activities to
acquaint them with a community’s most signifi-
cant and its threatened historic resources. A long-
term educational program will include this infor-
mation and should be a component in a communi-
ty’s comprehensive plan.
The continuing educational program will help
garner public and political support for applying
ordinances and other legal tools to encourage his-
toric preservation. It is important to note that com-
munities that are Certified Local Governments
(please see sidebar) are eligible for funding from
the Wisconsin Historical Society to finance many
of the programs and activities mentioned below.
Following are some of the programs to consider.
Walking Tours
A walking tour that highlights significant local
architecture combined with interesting local histo- The City of Stoughton has been a
ry will provide an overview of the ever-changing Certified Local Government since 1988.
dynamic of a community. Walking tours bring his- As a result they were eligible to receive a
tory and style together in unique and unexpected series of grants from the Wisconsin
ways. Walking tours can serve as educational Historical Society to list many of their
tools, as well as an excellent means of fundraising. historic districts on the State and National
Many preservation groups sponsor an annual Register of Historic Places, and to develop
walking tour to provide regular funding for and print a series of walking tour bro-
preservation projects. chures. Each brochure covers a different
Walking tours can be an “eye-opener” to a historic district.
community’s local history, significant people from
the past, architects and architectural styles.
23
Smart Growth Guide
Hands-On Archaeology
Working with a grant from the Wisconsin Sesquicentennial Commission archaeological exca-
vations were undertaken at Wisconsin’s First Capital, Old Belmont. Archaeologists from the
Office of the State Archaeologist worked with volunteers to gather important data on the lives
of these early
Wisconsin pioneers,
information that was
not available from
any other source and
significantly changed
people’s view of this
period in history.
The information
gathered also
formed the basis
for a Historic Site
for Historic Preservation has conducted several Markers program has been interpreting both
workshops on the historic preservation tax credits important small incidents and monumental events
for historic owner-occupied homes. that form the state’s multi-layered past. Whether
a marker commemorates Wisconsin’s involvement
Hands-on Archaeology in World War II or celebrates local “inventions”
such as the ice cream sundae, the markers pro-
Hands-on archaeology is involving the gener-
gram honors Wisconsin’s significant historical
al public in an actual archaeological excavation
events. Placed on the very site where significant
alongside professional archaeologists. This
events occurred, markers evoke an immediacy of
approach introduces the public to professional
the past that no history book could ever provide.
archaeological practices, and uses their volunteer
The Society's Division of Historic Preservation
labor to conduct archaeological investigation.
administers the Wisconsin Historical Markers
Introducing the uninitiated to the mysterious and
Program. Applications are required for all official
distant process of archaeology makes this science
State of Wisconsin historical markers and plaques.
tangible and brings history alive to broaden com-
Marker applications are available at available at
munity support for protecting archaeological
www.wisconsinhistory.org/histbuild/markers/apply.
resources. A good source for information on
archaeology is the Division of Historic Preser-
vation in Madison. In addition, the Wisconsin Establishing a Local Plaque Program
Archaeological Society, headquartered in Milwau- Local plaque programs provide one of the
kee, has a list of monthly lectures on its web site at most effective and least expensive ways of “bring-
www.uwm.edu/Org/WAS/. ing history to the streets,” identifying local land-
marks and recognizing their owners. A plaque
Wisconsin’s Historical Markers Program program, organized and administered by a local
Another way to inform residents and visitors historic preservation commission, promotes local
about historic resources is through historical mark- landmarks. Such plaques serve as an incentive for
ers. For almost fifty years, Wisconsin’s Historical local landmark designation and serve as a way for
24
Promotional and Educational Strategies
25
Smart Growth Guide
Awards
Sponsor an awards program to honor outstanding historic preservation efforts in a commu-
nity. Invite the media and local officials to attend the awards ceremony.
Walking tour
Create a self-guided walking tour brochure for residents and visitors of a community’s
favorite historic district.
Historic building owner workshops
Sponsor a “how to” workshop on rehabilitating older properties. Team up with local and
state preservation experts for training and hands-on techniques.
Fund-raising
Kick off a fund-raising project to benefit a community’s favorite historic preservation project.
Historic marker & plaque dedication
Sponsor a dedication ceremony for a new historic marker or plaque.
Progressive dinner party
Plan a progressive buffet dinner party in historic homes or in appropriate historic sites in a
community. A progressive dinner party can combine with a historic tour by having a different
course of a meal in a separate historic location. Arrange for each host and hostess to offer a dif-
ferent course. To cover costs, sell tickets through civic clubs, in markets and local shops.
A night in a historic theatre
Sponsor vintage films in a local historic theater as a fund-raiser or to highlight the beauty of
a rare, historic opera house interior.
Pass a historic preservation resolution
Contact a local government official to sponsor a historic preservation resolution to be
adopted by the town or village board or common council. For examples, check the National
Trust for Historic Preservation website (www.nthp.org) or call the Wisconsin Hisotircal Society at
(608) 264-6493.
House genealogy
Knowing the history of a particular building can give local residents with a strong apprecia-
tion for their neighborhood. Organize a workshop to teach people how to research a building’s
history through available documents and research materials.
Write an op-ed piece
“Op-Ed” is a newspaper’s abbreviation for “opposite the editorial page,” and it is fast
becoming a standard feature of newspapers. The page usually carries columns, letters to the
editor, cartoons and locally written opinion articles. Check with the page’s editor several weeks
in advance about writing an article.”
The results in Wisconsin have been impres- technical assistance to a community in its first five
sive. Wisconsin Main Street Programs have years of participation is approximately $135,000.
brought significant numbers of new businesses The Wisconsin Main Street Program, the National
and jobs to their respective downtowns. Facade Main Street Center and private consultants spend
improvements and building rehabilitation projects more than eighty staff days in each new communi-
have upgraded the image of Main Street in many ty during the start-up phase. After the start-up
communities. Promotional activities bring the phase, the state continues to provide quarterly vol-
community together in a positive way and show- unteer and director training sessions, design assis-
case the economic benefits of preservation. tance, business consultations and town-specific
The value of Wisconsin Main Street Program’s technical assistance.
26
Promotional and Educational Strategies
27
Smart Growth Guide
to look closely at local conditions and produce Madison usually convenes a task force from each
new buildings that enhance rather than detract historic district. The task force usually consists of
from their surroundings. historic preservation commission members, prop-
Design guidelines are usually graphic in format, erty owners and city staff to prepare written
showing what is appropriate or inappropriate in guidelines in narrative form describing what will
drawings and photos. Some communities, such as and will not be permitted in the district.
Milwaukee, have very elaborate ones; others such as Every year, more of Wisconsin’s historic
Jefferson, Janesville, Wauwatosa have very simple preservation commissions use design guidelines to
booklets. Some communities just use the Secretary illustrate what is appropriate rehabilitation work
of the Interior’s Standards for Rehabilitation on historic buildings. This helps ensure the preser-
(www2.cr.nps.gov/tps/tax/rehabstandards.htm). vation and integrity of historic architectural fea-
To develop its design guidelines, the City of tures.
The City of Milwaukee has prepared a series of handsomely illustrated design guidelines:
one for commercial properties, one for residential structures and a third for locally designated
landmarks. Copies can be ordered for $15.00 a copy by contacting:
28
Legal Strategies
T
here are many different legal tools that com-
ment efforts.
munities can employ to help protect historic
Any person may nominate a property to the
and archaeological resources. Any of the fol-
State Register and National Register by submitting
lowing may be used to strengthen a community’s
a completed and documented nomination to the
preservation effort or program. The cultural
Division of Historic Preservation at the Wisconsin
resource section of a comprehensive plan should
Historical Society. However, because of the techni-
state which of these legal tools a community relies
cal complexity and the strict requirements of the
upon. Alternatively it should recommend which of
National Register form and submission, the divi-
these strategies would best advance the local his-
sion recommends that a qualified consultant be
toric preservation effort.
hired to complete the application. The preliminary
potential eligibility of properties is usually deter-
State Register and National Register mined through cultural resource surveys or by a
of Historic Places National Register questionnaire submitted to the
The State Register and National Register of Division of Historic Preservation by the property
Historic Places programs are important tools for owners or by an interested party (Please see
identifying historic properties worthy of preserva- Appendix E).
tion through public planning efforts and for edu- After a technical review, the nomination is
cating communities about the significance of their scheduled for review at a quarterly meeting of the
historic and archaeological resources. State Historic Preservation Review Board, a 15-
The State Register and National Register of member board appointed by the governor. On the
Historic Places are designations recognizing the day of the meeting, the Review Board votes to
architectural, engineering, archaeological, cultural place the property in the State Register and will
or historic importance of a property to its commu- recommend to the National Park Service that it be
nity, the state or the nation. The National Register placed in the National Register. After approval by
of Historic Places was established by the National the National Park Service, the property will be list-
Historic Preservation Act of 1966. It is the official ed in the National Register. The process may take
listing of the nation’s cultural resources worthy of a year from the time of submission to the actual
preservation. Established in 1989, Wisconsin’s listing because of the various required reviews.
State Register of Historic Places is the state coun- The information gathered during the listing
terpart. The lists include districts, buildings, sites, process can be used in public education programs,
structures and objects. and the listing itself is an important way of high-
A resource listed in the State Register or lighting the importance of the property to the com-
National Register must meet one of four estab- munity.
lished criteria. Properties listed under Criterion A
are associated with events that have made a signif- National Historic Landmarks
icant contribution to the broad patterns of nation- National Historic Landmark status is the high-
al, state or local history. Criterion B includes prop- est level of national designation. NHLs are proper-
erties associated with the lives of persons signifi- ties of exceptional value to the nation as a whole.
cant in our past. Criterion C recognizes properties They must retain a high degree of architectural
of architectural, engineering or artistic merit. and historic integrity to be eligible. The purpose of
Criterion D deals primarily with properties of the National Historic Landmarks Program is to
archaeological significance; this criterion recog- identify and designate these properties and to
nizes properties that have yielded, or are likely to encourage their long-range preservation. At pres-
yield, information important in history or prehis- ent, the nomination process includes completion
tory. In addition to the above criteria, listed prop- of a different form and additional submission
erties should be at least 50 years old and should requirements. Nomination preparers should con-
not have been significantly altered. Properties list- sult the Division of Historic Preservation and the
ed in the registers are properties that local, state National Park Service before proceeding with a
29
Smart Growth Guide
Ten Chimneys is a living monument to theater and the arts. Almost all of the historic fur-
nishings, hand-painted murals, enchantingly personal décor, tender mementos, and diverse col-
lections are intact and unchanged since the Lunts first assembled them. Their beloved Wisconsin
estate is a historic
property unique
among our national
treasures. Nestled in
the Wisconsin country-
side, the estate
includes 60 acres of
beautiful kettle
moraine, the elegant
three-story 18-room
main house, a quaint
8-room country cot-
tage, an 18th century
Swedish log cabin, a
unique pool and pool
house, a creamery, a
National Historic Landmark nomination. (Please marked or unmarked burial area is formally cata-
see the sidebar about Ten Chimneys for an exam- logued as a burial site under s.157.70, that area is
ple of a National Historic Landmark.). exempt from property taxes. This makes the prop-
erty tax treatment of all human burial sites equal to
Cataloging Burial Sites the property tax treatment given to operating
cemeteries. (For more information, please go to
People and communities value burial sites for www.wisconsinhistory.org/histbuild/burialsites).
many reasons, from spiritual to historical. Not To catalog a burial site, the Burial Sites
only are they the resting-places of our ancestors, Preservation Office must file a legal description of
they can also be home to an abundance of the site with the county Register of Deeds.
genealogical information and local history. Sometimes this work requires hiring a registered
Wisconsin’s burial law, Wisconsin Statute 157.70, land surveyor to survey the area of the burial site,
prohibits unauthorized disturbances to these as in the case of a Native American mound group.
important sites, from platted cemeteries to Native With most historic cemeteries, the Burial Sites
American mounds to abandoned family burials. office can refer to an existing deed to catalog the
Once a Native American mound group or any site.
30
Legal Strategies
Robert A. Birmingham
the project area that may be adversely affected,
then the federal agency must consult with the
Wisconsin Historical Society and other local, inter-
ested parties to determine whether the adverse
effects can be avoided, minimized or mitigated.
For more information about the Section 106
review and how citizens can get involved in the
process, please read the pamphlet entitled A
Protecting Cultural Resources during Citizen’s Guide to Section 106. Copies of the guide,
Public Projects as well as other information about the Section 106
There are laws, both federal and state, that process, can be found on the Advisory Council on
protect cultural resources from the effects of proj- Historic Preservation’s web site at www.achp.gov.
ects that have federal, state or local government Additionally, please visit the Wisconsin Historical
involvement. Which law applies will depend upon Society’s web site for information describing
which level of government is primarily involved the Section 106 review process established by the
in funding, permitting or licensing the project. The Wisconsin SHPO for federal undertakings
primary historic preservation laws are listed and carried out in the State of Wisconsin at www.
briefly described below: wisconsinhistory.org/histbuild/protecting/106_intro.
html.
Level of Government Applicable Law State
Federal Section 106 of the All projects under the jurisdiction of a state
National Historic agency that do not have any federal involvement
Preservation Act are subject to Wisconsin’s state historic preserva-
State Wisconsin Statute § 44.40 tion laws. The primary state agency provision is
Local Wisconsin Statute Wisconsin Statute § 44.40. Examples of agency proj-
§ 66.1111 ects covered by this law are financial grants from
the Wisconsin Department of Natural Resources,
School Wisconsin Statute
new building construction on a University of
§ 120.12 (21)
Wisconsin campus and power plant and transmis-
sion line utility permits from the Public Service
Federal Commission.
Section 106 of the National Historic Each state agency with project jurisdiction is
Preservation Act of 1966 (as amended) requires required to:
that every federal agency sponsoring, authorizing, • Check the Wisconsin Historical Society’s
permitting, licensing, or funding an undertaking, inventories to see if there are recorded
whether directly or indirectly, take into account properties within the project area, and
31
Smart Growth Guide
• Determine whether the project may affect of planning to seek the Society’s determination of
any such property. If an historic property whether the project may adversely affect the listed
may be affected, then the agency must property. If there may be an adverse effect, then
submit the project proposal to the Society the Society may require negotiation with the local
for its review and comments. unit of government to explore alternatives and
Local Units of Government other project options that may avoid, minimize or
Under Wisconsin Statute § 66.1111, all munici- mitigate the possible adverse effect.
palities in Wisconsin must consider whether their School Districts
actions may affect historic properties listed in the Under Wisconsin Statute § 120.12(21), at the
State or National Register of Historic Places. earliest stages of planning, school districts are
Projects subject to review under this law include required to determine whether their long-range
construction of a new facility that results in the planning for facilities development or proposed
abandonment of a National Register-listed build- demolitions of historic properties may affect prop-
ing, or development of a publicly owned park that erties that are listed in the State or National
may affect a listed archeological site. If such a proj- Registers of Historic Places. If these actions may
ect is being considered, the local unit of govern- affect listed properties, then the school district is
ment is required to submit a proposal to the required to submit a project proposal to the Society
Wisconsin Historical Society at the earliest stages for its determination of whether the project may
The Wisconsin Historical Society worked closely with the Wisconsin Department of
Transportation to avoid any adverse effects to the historic Lena Road Schoolhouse in the Town
of Pound, Marientte County. The Lena Road Schoolhouse is a well-preserved one-room school-
house built c. 1913. The school was determined eligible for listing in the National Register of
Historic Places as part of a Section 106 review.
Using federal funds, WisDOT reconstructed US 141 from its former configuration as a two-
lane road into a four-lane divided highway. To ensure the historic school preserved its highway
access, Society staff met on
site with WisDOT staff and
the owners of the historic
property, Wayne and Kerry
Maedke, in July, 2000. The
Maedkes grew up in the
area and are preserving the
school as a matter of local
pride and as a venue for
local thresherees.
As a result of the nego-
tiations, WisDOT agreed to
widen the driveway to 24
feet to improve its turning
radius and nominated the
property to the National
Photo by Beth Miller
32
Legal Strategies
adversely affect a listed property. If there may be After a community enacts an ordinance, the
an adverse effect, then the Society may require community’s chief elected official usually appoints
negotiation with the school district to explore members to the historic preservation commission.
alternatives that avoid, minimize or mitigate the The ordinance may specify the types of expertise
adverse effect. needed on the commission, but in general, com-
mission membership should represent the various
Historic Preservation Ordinances community groups concerned with preservation.
Ideally, the commission will include community
Depending on the wording of a local historic
members with expertise in fields such as history,
preservation ordinance, landmark designation can
archaeology, architectural history, architecture,
be simply honorific or a powerful regulatory tool.
planning, or preservation law. Historic preserva-
Ideally, landmark designation should recognize
tion commissions increase their effectiveness when
places significant for their relation to prehistory or
members have professional expertise in various
history, attachment to historic people or to events,
historical fields of interest. It is also helpful to have
their architecture or their architect, designer or
a commission member or two skilled in forging
builder. Places should be designated so they can be
agreements and whose opinions are widely
protected for the present time and the future. Local
respected in the community. Most importantly,
designation is essential for properties listed in the
however, commission members should be gen-
State and National Register of Historic Places,
uinely interested in historic preservation and will-
since the State and National Registers confer dis-
ing to devote the time and effort required for suc-
tinction but offer only limited protection.
cess.
By enacting a historic preservation ordinance,
Designating local historic properties and dis-
communities can create a historic preservation
tricts constitutes one of the chief tasks of historic
commission that is empowered to designate local
preservation commissions. Commissions should
landmarks. Local commissions protect the desig-
consult their ordinances to determine the proce-
nated historic properties by regulating new con-
dures to follow and the criteria to consider when
struction, alterations or demolitions that affect
designating local properties. Designations based
these properties. In addition, they prepare pro-
on objective evaluations of local cultural resources
grams for public education, draw up preservation
are less subject to legal challenge and can help
plans and promote historic preservation in general
develop strong public support.
at the local level.
Local historic preservation ordinances define
The Division of Historic Preservation has a
who may officially designate properties and dis-
model historic preservation ordinance (Please see
tricts. In some communities, the commission has
Appendix A) that communities may consult when
the power to designate historic properties directly.
drafting their own ordinances. A historic preserva-
In others, the commission makes recommenda-
tion ordinance generally contains the following:
tions to the city council, village or town board,
• a statement of purpose; which officially designates properties.
• definitions of terms used in the ordinance; Reviewing applications to alter or demolish
• description of the make-up and length of designated properties constitutes another impor-
office of commission members; tant task. Local commissions should consult their
ordinances to determine the guidelines they must
• the powers and duties of the commission; follow when deciding whether or not to approve
• criteria and procedures for designating proposed alterations or demolitions. If the local
historic properties or landmarks; ordinance does not include design guidelines for
• procedures and guidelines for regulating altering historic properties, the commission
alterations to designated properties; should develop its own. In addition to general
design guidelines, local commissions can develop
• procedures for regulating demolitions of
design guidelines specific to each historic district
designated historic properties;
they designate.
• summary of other powers and duties; and Besides designating properties and districts
• methods of enforcement; and and reviewing modification requests, local com-
missions should arrange for a thorough survey of
• provisions for recognizing and marking
local historic resources. Commissions will find the
historic properties and landmarks.
33
Smart Growth Guide
Local units of government that have enacted historic preservation ordinances may consider
being certified to participate in the state and federal Certified Local Government (CLG) program.
The CLG program provides special grants to fund planning and educational activities. The
Division of Historic Preservation at the Wisconsin Historical Society administers the CLG program.
Wisconsin has 40 Certified Local Governments. For more information about the Certified Local
Government please visit the Society’s Web site at www.wisconsinhistory.org/histbuild/clgs/index.
html or the National Park Service’s Web site at www2.cr.nps.gov/clg.
34
Legal Strategies
survey information invaluable when they make historic heritage that provides them with their spe-
decisions about the historical significance of local cial identity and unique character. Towns—just
properties. Please see Chapter 4: The Cultural like cities, villages and counties—are enabled by
Resource Survey for more information about con- state law to adopt historic preservation ordinances
ducting a survey in a community. of their own. Wisconsin Statute § 60.64 states, “the
Commission members, as part of the local gov- town board, in the exercise of its zoning and police
ernmental structure, should work closely with powers . . . may regulate any place, structure, or
elected officials and with various local depart- object with a special character, historic interest,
ments and agencies. For example, commissions esthetic interest, or significant value, for the pur-
should seek annual budget appropriations to be pose of preserving the place, structure, or object
used for brochures, markers, educational pro- and its significant characteristics.” The statute also
grams and training for commission members. gives town boards the authority to “create a his-
Being included in local budgets represents an toric preservation commission to designate his-
important way of gaining acceptance and support toric landmarks and establish historic districts.”
from local governments. Although many cities and villages in
To be effective, landmark commissions need to Wisconsin have had historic preservation ordi-
be connected to the preservation effort state- and nances since 1967, relatively few towns have enact-
nationwide. It is advisable for commissions to join ed such an ordinance. Examples of towns that
the Wisconsin Association of Historic Preservation have enacted ordinances include the towns of
Commissions (WAHPC) which links landmark Porter in Rock County, Washburn in Bayfield
commissions (also known as historic preservation County, Eagle in Waukesha County and
commissions) throughout Wisconsin. WAHPC Westport (see www.townofwestport.org/ordinances/
members share information, provide technical Title%2010%20Chapter%207.pdf) and Perry in Dane
assistance to each other and address common County.
problems. Commissions should also make use of One reason a town may hesitate to enact an
the opportunities for information exchange and ordinance is a town’s relationship to the county
training offered by conferences and other pro- government’s authority concerning zoning. Some
grams provided by the WAHPC and the Division town governments expect the county to take the
of Historic Preservation. To find out more about lead, or they feel that towns need zoning authority
the WAHPC, contact the Division at (608) 264- to act and towns cannot proceed with historic
6500. preservation ordinances without taking a number
Commissions should also consider joining the of complicated steps including approval by the
National Alliance of Preservation Commissions county government.
(NAPC), which provides similar opportunities for Towns have the authority to enact preserva-
networking and mutual assistance nationwide. tion ordinances based solely on their “police pow-
NAPC also has a nationally renowned training ers,” separate and independent from “zoning
program for historic preservation commissions powers,” thereby avoiding the complications of
and representatives can either travel to a commu- using zoning authority. The ability of towns to
nity or develop a curriculum tailored to a commu- enact ordinances based on their police powers
nity. For more information about NAPC, they can becomes especially important for towns under
be contacted at: county zoning. In other words, a town could enact
National Alliance of Preservation Commissions a “stand-alone” or independent ordinance for his-
P. O. Box 1605 toric preservation purposes.
Athens, GA 30603
(706) 542-4731 Demolition Controls
fax (706) 583-0320 In many communities, historic preservation
napc@uga.edu commissions usually have the authority to deny or
www.arches.uga.edu/~napc/ delay demolitions. However, local governments
can use other means to delay the destruction of
Towns and Historic Preservation historic resources.
Ordinances In some communities, local planning commis-
Towns, like other local governments in sions review all applications for demolitions and
Wisconsin, have the legal authority to protect the decide whether or not to approve them based on
35
Smart Growth Guide
The La Crosse area, on the terraces above the confluence of the Mississippi, Black and
La Crosse Rivers, has long been a desirable place to live and the remains of earlier settlements
are frequently encountered during modern construction. The City of La Crosse, recognizing
the importance of its rich archaeological heritage, recently enacted an ordinance to protect its
archaeological sites. This ordinance, the first of its kind in the state, requires consideration of
archaeological resources prior to city-permitted projects involving substantial ground distur-
bance. Specifically, the ordinance requires that persons who need a permit for “demolition,
excavating, building or developing” must notify the City Inspection Department at least two
full working days before beginning work that will require ground disturbance. If this work is to
occur within the boundaries of one of La Crosse’s significant archaeological districts (on file with
the City), the person must either
provide an archaeological survey of
the new uses intended for sites as well as the his- encompasses several prehistoric Oneota villages.
torical significance of the structures in question. (A copy of the La Crosse ordinance can be found in
The plan commission’s decision can often be Appendix B.)
appealed to the governing body and ultimately to
the courts. Coordinating Zoning and Historic
Preservation
Archaeological Ordinances Zoning is one of the keys to implementing the
Although historic preservation ordinances can cultural resource section of a comprehensive plan.
be used to designate archaeological sites, some It is also the primary legal tool used by almost all
communities choose to pass specific archaeologi- local governments to control land use. Since
cal ordinances. An archaeological ordinance is historic properties occupy land area, they are all
very similar to a historic preservation ordinance, subject to zoning regulations. When properly
only its focus is to protect and preserve archaeo- applied, zoning regulations represent one of the
logical sites and resources. best ways to protect historic properties. To be
The City of La Crosse has an ordinance that effective, zoning and community historic preser-
provides an important model for other urban areas vation objectives must be coordinated.
in the state. The district encompasses a large area Preservationists need to become knowledgeable
of significant archaeological resources that are reg- about local zoning and determine how they
ularly encountered in the course of development currently affect historic properties and how they
projects. The La Crosse ordinance designates a six- might better protect such resources.
teen-block area as a local historic district that Those preparing the cultural resource section
36
Legal Strategies
need to analyze the texts of zoning ordinances that as the key buildings, the later additions as well as
apply to historic districts or potential historic dis- the original structures and houses of workers as
tricts in their communities; they should determine well as those of the wealthy. Archaeological
whether or not the zoning regulations support or remains are part of that whole complex, enhancing
conflict with preservation goals. In many cases, understanding and enjoyment of the historic and
traditional zoning works against preserving or natural resources of an area. Archaeological
revitalizing historic areas. For instance, many remains provide evidence of how the other
problems arise in areas not zoned according to resources came to be the way they are and how
their traditional, historical uses. A historic residen- they were used by previous generations. Legal
tial neighborhood may be zoned for retail, office, protection of historic resources does not stop at the
or industrial purposes. Pressure to rezone to such ground level.
uses can result in the demolition or inappropriate Many methods used to preserve land, natural
remodeling of historic residences. resources and historic resources can and should be
If conflicts exist between current zoning and used to preserve archaeological sites. The minor
the community objective of preserving historic role these legal tools have thus far played in
neighborhoods, consider ways to modify local archaeology is evidence of the emphasis on sal-
zoning regulations. If in a historic district, the actu- vage at the expense of the conservation ethic in
al density or the height is significantly lower than American archaeology. Whenever a conflict arises
that permitted by zoning, the potential for greater between an archaeological site and a development
economic return may create pressure to demolish project, generally project sponsors will turn to
and replace despite the historic preservation ordi- archaeological salvage excavations on the theory
nance. A revised zoning ordinance could reduce that this will relocate the important values from
the permitted height or bulk of buildings, reducing the site to a repository. Of course, nothing of the
certain redevelopment pressures. sort really happens and a community frequently
For more information about this topic, please suffers a great loss of historical materials and
see the National Park Service’s Cultural Resources information. Additionally, such site removal with-
Partnership Notes pamphlet entitled “Zoning and out consideration of the site’s traditional cultural
Historic Preservation.” The pamphlet can be found values can disrupt a community’s sense of identi-
on the web at www2.cr.nps.gov/pad/partnership/ ty and may affect a community’s ability to contin-
Zoning699. ue traditional practices. The solution to the prob-
lem of an archaeological site being threatened with
Coordinating Protection of Cultural destruction should not automatically be to dig it
up. The preferred preservation approach should
and Natural Resources always be to take the initiative rather than to react
Important archaeological, ecological, scenic to crisis, in order to protect a site in place and
and architectural resources often occur together. establish long-term management strategies for it.
Much can be gained through cooperation among The strategies in this chapter offer viable alterna-
those who are concerned about environmental tives to the "digging the site up and the project can
conservation, protecting archaeological resources proceed" approach, which will provide long-term
and preserving historic buildings. Protecting benefits to the community.
archaeological resources, in particular, requires All of the strategies described here have a
creativity, cooperation and planning. A host of place in the preservation "tool kit" and they will be
opportunities exist to borrow from strategies most effective when used in combination. The
developed to preserve historic structures, protect most effective approach will depend on the specif-
environmentally sensitive lands and encourage ic nature of each community, including site charac-
economic development. teristics, population density, development trends,
Those concerned with architectural preserva- economic climate, legal authorities and the needs
tion and natural resource conservation need to and wishes of the community. There is much to be
recognize the ancient past as another related value gained through cooperative projects that will pre-
with an important constituency working to pre- serve all the irreplaceable resources of an area,
serve the resource. Architectural preservationists including the archaeological resources.
are increasingly aware of the importance of pre- Archaeological protection must be incorporated
serving the whole—the setting and district as well into every aspect of planning and administration
37
Smart Growth Guide
38
Legal Strategies
necessary before the site plan of the development individual landmarks, archaeological sites and his-
is designed or officially approved. toric districts. If the subdivision regulations are
currently silent on historic and archaeological
Bonus or Incentive Zoning resources preservation, they can be reviewed to
incorporate preservation considerations by issuing
Bonus or incentive zoning has also been used
a conditional use permit (CUP) requiring an cul-
to encourage historic preservation in communities
tural resource survey to identify significant sites.
around the country. As described by Stephen
Subdivision regulations can be specifically
Morris in Zoning and Historic Preservation, the
rewritten to require that developers give the same
bonus refers to the additional density (beyond
care in protecting historic resources, cemeteries,
what would otherwise be permitted) granted to
archaeological sites and Native American mounds
developers in exchange for providing specified
as they do to sensitive environmental features,
public amenities, such as open space or affordable
such as wetlands, floodplains and steep slopes.
housing. The plan may propose that density
Requirements relating to historic preservation and
bonuses be granted for the preservation of locally
archaeological site protection are sometimes
designated historic structures and archaeological
included in the design requirements of the subdi-
sites and that the community’s zoning code be
vision ordinance. In Subdivision Regulations and
written to include standards to define the require-
Historic Preservation, Stephen Morris provides lists
ments.
of factors to consider and sample language for
subdivision regulations. For example, communi-
Mandatory Dedication ties need to require that a preliminary plat or
In the subdivision process, mandatory dedica- sketch plat show topography, vegetation, layout of
tion of some part of the land for public use, such as lots, siting of buildings, alignment of streets, his-
a park, can be useful in protecting archaeological toric features including archaeological sites and
and burial sites. As part of the mandatory dedica- cemeteries.
tion requirement, many subdivision ordinances For more information about this topic please
require developers to set aside a certain percentage see the National Park Service’s Cultural Resources
of the land in their subdivision for public rights- Partnership Notes pamphlet Subdivision
of-way, open space, conservation areas and Regulations and Historic Preservation a copy of
recreational use to ensure that adequate public which can be found at www2.cr.nps.gov/pad/
facilities will serve the development. If this open partnership/ConsDist699.pdf.
space or conservation area can be located where Many of the ideas presented above have been
there are archaeological sites, for example, the sites incorporated into Wisconsin’s Ordinance for a
will be protected while passive recreation facilities Conservation Subdivision, required under the
such as nature and exercise trails (carefully sited to “Smart Growth” law. A copy of the ordinance can
avoid damaging archaeological sites) can still be be found at: www.dos.state.wi.us/dhir/documents/
accommodated. conserv_subdiv_Model_ordinance_Feb2001.pdf.
This approach is not new. In the early part of
the twentieth century, more than 100 Native Transfer of Development Rights (TDR)
American mounds were preserved in small public
The transferring of development rights is
parks as new subdivisions in the city of Madison
another zoning technique that has been used in
and new buildings on the University of Wisconsin
some cities and rural areas across the country to
campus were erected around them. Today effigy
preserve historic and natural resources. The TDR
mounds are clearly visible. It is probably the
technique separates the rights to develop a parcel
nation’s most successful case of conscious preser-
of land from other rights associated with the par-
vation of archaeological resources in a city.
cel. The development rights of agricultural land,
low-density historic buildings or the air space
Subdivision Controls above a historic building, for example are trans-
Cities and villages have the power to regulate ferred or sold for use in another location where
subdivisions within and adjacent to their corpo- higher density development is permitted or
rate jurisdictions. Local governments can use this encouraged. The second parcel of land may be
power to promote historic preservation. This developed to a higher density than would other-
power can be an important means of protecting wise be permitted. Subsequent development of the
39
Smart Growth Guide
land from which these rights have been trans- of the Historic Building Code can be directed to
ferred can be limited to a very low density or pre- Safety and Buildings Division and Department of
cluded altogether, depending on the community’s Commerce at any one of the following three loca-
regulations. The cost and expertise required to tions:
administer a full-scale TDR program have present- 4003 N. Kinney Coulee Road
ed difficulties, especially for smaller communities, La Crosse, WI 54601
which lack full-time planning staff. But some (608) 785-9344
towns have used TDRs very successfully.
2331 San Luis Pl, #150
Historic Building Code Green Bay, WI 54304
Wisconsin has enforced a state-written (920) 492-5601
Building Code for the design and construction of
buildings since 1914. On July 1, 2002 the State PO Box 7162,
adopted the International Building Code, the 201 W. Washington Ave
International Energy Conservation Code, the Madison, WI 53703
International Mechanical Code and the Inter- (608) 266-0669
national Fuel Gas Code, which are referred to as
the “Wisconsin Commercial Building Code” or Minimum Maintenance Standards
simply the “prevailing code.” This prevailing code In addition to building codes, many communi-
is designed to provide minimum standards of ties have enacted minimum maintenance stan-
public safety, energy efficiency and accessibility. dards by local ordinance. These standards are
When planning new construction, the code offers usually administered by local building inspectors
owners a great deal of flexibility. Unfortunately, or building inspector departments. Should these
owners of older and historic buildings are often- standards be in place in a community, they can be
times faced with limited code compliance options enforced to prevent the gradual destruction of a
and may be forced to destroy the historical signifi- landmark. Such an action may be necessary to
cance of their buildings in order to meet the pre- thwart “demolition by neglect”. In many cases,
vailing code. contacting a building inspector or building inspec-
Owners of qualified historic buildings may tion department can trigger a site visit and possi-
elect to use Wisconsin’s Historic Building Code, bly the issuance of an official notice or a building
chapter Comm 70 in lieu of any of the prevailing repair order to prevent the physical neglect and
codes provided the matter is dealt within the perhaps loss of a local landmark.
Historic Building Code. This code allows retention
of some historic features not permitted by the pre-
Local Taxation Policies
vailing code as long as the historic building is
shown to be safe through a formalized rating sys- Because Wisconsin’s Constitution prohibits
tem. Furthermore, the code allows certain exemp- local governments from instituting unequal taxa-
tions from energy conservation requirements and tion policies, they cannot establish favorable prop-
provides alternatives for accessibility for people erty tax rates to aid historic preservation.
with disabilities. However, local governments can work with the
To qualify, a building must be verified by the local property tax assessor to lower the assessment
Wisconsin Historical Society as: listed in the State of designated local landmarks, if appropriate.
or National Register, contributing to a State or Even though local governments have little lee-
National Register-listed historic district, or eligible way to provide historic property owners with tax
for listing in the State or National Register. relief, state and federal programs offer income tax
Alternatively, if a property is designated as a local credits to those who rehabilitate their historic
landmark pursuant to an ordinance that is certified structures. A discussion of state and federal
under Wisconsin Statute § 44.44, it then the land- income tax credit programs follows later in this
marked building may be verified historic by an chapter.
authorized municipal official, such as the mayor,
the village president or the chairperson of the Covenants and Easements
landmark commission. Covenants and easements are a way of provid-
Questions concerning the use and application ing for more durable and stronger protections that
40
Legal Strategies
41
Smart Growth Guide
42
Legal Strategies
ties that are either eligible or listed in the State plant and animal species, natural communities
Register and National Register that are being and other natural features, to enhance and restore
transferred from public to private ownership. populations and habitats of rare and endangered
Private persons also may initiate donations of species. Much of the Bureau’s funding comes from
preservation covenants to the Wisconsin Historical license plate sales and a state income tax check-off.
Society. The model covenant used by the Society Often environmentally sensitive land parcels
may serve as one model for local governments and encompass a significant archaeological site, the
private organizations to adapt for their own needs. presence of which will furnish an additional
(Contact the Division of Historic Preservation for a rationale for acquisition. Local governments and
copy of the Society’s Model Historic Preservation non-profit groups are eligible to receive grants
Covenant.) from the DNR to acquire private property with sig-
To learn about establishing an easement pro- nificant archaeological sites to protect them for the
gram please refer to Establishing an Easement enjoyment and appreciation of future generations.
Program to Protect Historic, Scenic, and Natural For more information contact:
Resources by the National Trust for Historic Natural Areas Specialist
Preservation (Information Series No. 25, 1991). Bureau of Endangered Resources
Copies are available from the National Trust Wisconsin Department of Natural Areas
(www.nthp.org) or by contacting the Division of 101 S. Webster Street, Box 7921
Historic Preservation, Wisconsin Historical Society Madison, WI 53707-7921
at (608) 264-6500.
Life Estates
Acquisition By bequeathing their properties to a preserva-
One of the best ways to preserve a cultural tion organization, owners can continue to occupy
resource is through outright acquisition. them during their lifetimes and have the satisfac-
Unfortunately few communities or local preserva- tion of knowing that their work of preserving their
tion groups can afford that on their own. There are, houses will continue after their death. Those inter-
however, a few organizations that might be able to ested in donating life estates should consult an
help make that option viable. accountant or an attorney.
The Archaeological Conservancy (www.
americanarchaeology.com/aaabout.html), a national
non-profit organization devoted to long-term
archaeological site protection, is dedicated to
acquiring and preserving the nation’s best remain-
ing archaeological sites. The Conservancy has
preserved through acquisition more than 230 sites
across the country. Established in 1980, the
Conservancy is based in Albuquerque, New
Mexico, but operates regional offices in Georgia,
Virginia, California and Ohio. The contact for
Wisconsin is:
Dr. Paul Gardner
3620 N. High Street #207
Columbus, Ohio 43214
(614) 267-1100
Fax: (614) 267-1901
gardnerpaul@msn.com
Another organization that acquires property
containing important archaeological sites is the
Wisconsin Department of Natural Resources. The
State Natural Area Program in the Bureau of
Endangered Resources (www.dnr.state.wi.us/org/
land/er) identifies, protects and manages native
43
Smart Growth Guide
H
istoric preservation pays for itself.
Throughout the nation, study after study loans for exterior repairs and heating. To encour-
has shown that property values increase age local businesses and to strengthen neighbor-
faster in historic districts than in non-historic hoods surrounding traditional business districts,
areas, thus providing a cost-effective way to Madison offers small commercial property owners
increase the local tax base, along with the quality and tenants loans for façade rehabilitation.
of life. For example, a real estate statistical firm
determined that, in Maryland, property values
increased 29% faster in locally designated historic Waukesha’s
districts than in comparable areas. Studies using Façade Improvement Program
different methods in Virginia, Texas, South
Carolina and Indiana have all produced similar Façade improvement programs can
results. No doubt historic preservation provides be tailored to specific local needs. For
similar economic benefits in Wisconsin. example, the historic “Spa City” of
Historic preservation has been proven to cre- Waukesha offers four programs including
ate new jobs in construction and other businesses, a unique grant program to support
create new businesses, boost tourism and by exten- restoration of the community’s signature
sion increase tax revenue. For Wisconsin, the best springs. In addition the city provides
available statistics are those of the state’s Main matching grants for façade restoration
Street Program. Between 1988 and 2000, the pro- designs; small paint and repair matching
gram assisted in the creation of more than 1,775 grants for the exteriors of historic residen-
new businesses, the creation of more than 9,500 tial and commercial structures, whether
new jobs and stimulated a total private investment formally designated or not; and, a Land-
of more than $257 million. (For more about the mark Rehabilitation Assistance Program
Main Street Program please see Chapter 5: offering loans. All these programs are
Promotional and Educational Tools.) While his- funded using CDBG monies. These pro-
toric preservation is proven as a way of generating grams are run in a highly cost effective
financial dividends, the initial investment often manner, the benefits are highly visible
requires use of federal and state income tax credits, and spread across much of the city, and
or national, state and local grant and loan pro- they ensure that historic properties will
grams. be there to be occupied by succeeding
generations.
Local Sources
Locally based financial incentives are a key Local financial assistance programs are not
component of a local historic preservation pro- limited to the mid-sized cities of Wisconsin. In
gram. Throughout Wisconsin, local communities Neillsville, Clark County, a county seat town with
are building capacity to financially assist local 2,600 inhabitants and four banks, the banks have
preservation projects. For example, in Wausau, agreed to offer reduced interest rates on projects in
Central Wausau Progress, in cooperation with a the downtown area. Such programs are standard
consortium of local banks, is offering low interest practice for Wisconsin’s more than thirty-four
loans for façade renovations, second floor housing Main Street program communities, at least half of
and structural repairs. In Fond du Lac, money which offer façade improvement grants, and many
from pre-1982 Community Development Block have low interest loan programs. The low interest
Grant (CDBG) loans that are being repaid to the loan programs financed by local banks and credit
city is being set aside to establish a loan program unions offer loans at below the prime interest.
for locally designated historic properties. These These programs and projects can be replicated to
low interest loans fund exterior work and interior provide a financial infrastructure for historic
structural work. For more than a decade, Eau preservation at the local level.
Claire has targeted locally-designated historic
44
Funding Sources
Business Improvement Districts Revolving funds also attract donors, because con-
tributors like to see their money actively put to
Wisconsin Act 184, signed into law in 1984,
use. Donors can see exactly what their contribu-
gives Wisconsin municipalities (i.e., cities, villages
tions supported after a successful renovation. The
and towns) the power to establish one or more
funds give the cause of preservation and preserva-
Business Improvement Districts (BID) within their
tion groups a powerful boost because the complet-
community. The law established an assessment
ed projects reflect support for preservation and
methodology that allows business properties with-
provide proof that preservation organizations
in that area to contribute to programs aimed at
accomplish what they set out to do. The funds pro-
promotion, management, maintenance and devel-
vide a way to start a local preservation project with
opment. The BID assessments are restricted to
very little money.
commercial and industrial properties subject to
Revolving funds often have advantages over
real estate tax. Tax-exempt properties (i.e., reli-
banks in financing preservation efforts. They usu-
gious, public utility or government properties) or
ally have a lower-cost source of money than a
those used exclusively as private residences can-
financial institution, in the form of donations and
not be assessed.
grants. Thus, loans can be offered for longer terms
Some communities, such as Waupun, have
Business Improvement Districts that are used to
provide small grants for façade rehabilitation,
helping to revitalize a downtown business Preserving Yesterday’s Heritage Today
district and preserve its historic assets. Many
communities, such as West Allis, Marshfield, Rice In 1996, the Cedarburg Historic
Lake and Eagle River, use BIDs to finance their Preservation Commission wanted to pre-
Main Street programs (Please see Chapter 5: serve some of the community’s history
Promotional and Educational Strategies). on videotape. With the assistance of
More information about Business Improve- a $5,862 grant from the Wisconsin
ment Districts can be found on the web at Historical Society, $3,000 from the
www.uwex.edu/lgc/cp&d/bidpage/bid. Cedarburg Cultural Center and lots of
donated volunteer time and expertise, a
Private Revolving Funds 15-minute videotape was produced. The
Preservation organizations have effectively video chronicles the successful develop-
employed revolving funds to preserve and rehabil- ment of Cedarburg’s historic preservation
itate significant buildings. They use the money in effort. The video has been reproduced
the revolving funds to buy and renovate proper- several times and has resulted in a rev-
ties. Afterwards, they resell the properties and use enue source for the Cultural Center.
the sale proceeds to replenish their funds. If an
organization has a large revolving fund or if the
fund grows through profits on projects, the organ-
ization may rent its renovated properties rather
than sell them. Thus, they can collect rent, retain
control over the properties and continue to restore
additional properties.
Archaeological and natural conservation
organizations have used the revolving funds tech-
nique to purchase endangered archaeological sites.
They recover their funds by reselling the property
to public agencies for permanent preservation
when the agency is able to budget funds for pur-
chase.
Revolving funds have many advantages. They
tend to focus a preservation organization’s atten-
tion and resources by spending the fund monies
on a specific area or on a specific project.
45
Smart Growth Guide
at a lower interest rate, and frequently to lower- • Is used for civic, governmental, cultural or
income borrowers who might not ordinarily qual- educational purposes.
ify for bank loans. • Is subject to an easement, covenant or simi-
Organizations that operate revolving funds lar restriction, running with the land that is
also incur administrative costs and experience held by the Wisconsin Historical Society or
occasional losses. Every transaction involves some by an entity approved by the Wisconsin
risk. Insurance policies and consultation with local Historical Society that protects the historic
banks can help minimize the risks involved. features of the property and that will
remain effective for at least 20 years after
Historic Buildings Tax Exemption January 1, 1989.
Under Wisconsin Statute § 70.11, certain his- Despite what may seem like a lot of require-
toric buildings may be exempt from general prop- ments, two important historic properties in
erty taxes. In order to qualify, the law requires that Wisconsin have taken advantage of this property
a building meet all of the following requirements: tax exemption; the Ringling Theater in Baraboo
• The property is listed in either the State and the Pix Theater in Waukesha.
Register or the National Register of Historic
Places. Archaeological Tax Exemption
• Is a public building as defined in Wisconsin Statute § 70.11(13m) offers an eco-
s. 101.01(12) nomic incentive to private landowners that wish to
• Is owned or leased by a tax-exempt organi - preserve archaeological sites on their property. If
zation under Section 501 of the Internal an archaeological site is listed in the State or
Revenue Service as amended December 31, National Register of Historic Places, and if the
1986. owner signs a protective covenant, the land
included under the covenant is exempt from gen-
eral property taxes. Depending on the size of the
Al Ringling Theater, site and local tax rate, signing a covenant can pro-
Baraboo, Sauk County vide substantial savings for the owner.
Through this program owners have the oppor-
The Ringling Theater, designed by tunity to receive a tax exemption for the archaeo-
the well-known Chicago firm of Rapp and logical site area and help the State of Wisconsin
Rapp, was one of the first movie palaces preserve its archaeological heritage. The tax
in America. Built in 1916, it still survives exemption program makes the landowner a stew-
today as a movie theater. It is one of two ard of Wisconsin’s past. It does not discourage all
historic buildings in Wisconsin, whose uses of the site. Instead, it encourages land-use
owners have taken advantage of the prop- planning to avoid disturbing the site area. The
erty tax exemption offered by Wisconsin covenant contains a legal description of the area
Statute § 70.11. that is to be exempted from property taxes and
defines landowner and Wisconsin Historical
Society obligations in the protection of that area.
Interested individuals who own archaeologi-
cal sites that are listed on the State Register or
National Register, or believe that an archaeological
site on their property may be eligible for the State
Register or National Register, are urged to contact
the Division of Historic Preservation.
Mark Fay-Faystrom Photo
46
Funding Sources
developed and approved by the local municipali- receive the credits. Pre-approval is required
ty. The operating plan specifies how much money for both State tax credit programs. Pre-
will be assessed to tax parcels in the district. It also approval for the 20% Federal tax credits is
details how the money raised will be spent. A not required, but is strongly recommended;
board appointed by the “chief executive officer,” • Spend a specified, minimum amount of
such as mayor, city manager, village president or money on rehabilitation work; and
town chairperson administer the approved plan.
The board can use monies collected by the munic- • Carry out work according to the Secretary
ipality to fund improvements in the Conservancy of the Interior’s Standards for Rehabilitation
District. (www2.cr.nps.gov/tps/tax/rhb/).
The development of an Architectural Conser- Each investment tax credit program has its
vancy District is a good way for an historic district own requirements. Property owners should con-
to collect funds from tax-paying individuals to tact the Division of Historic Preservation in the
spread out the cost of specific improvements earliest stages of their planning if they are
across the entire historic district. Improvements considering the use of any of the ITCs. More infor-
funded in this way can include anything from the mation about historic preservation tax credits can
purchase of a preservation easement of an endan- be found on the Society’s website at www.
gered property to the construction of historic wisconsinhistory.org/histbuild/architecture.
streetlights or decorative street signs.
Wisconsin Department of Transportation/
Federal and State Investment Tax Credits Local Transportation Enhancements
Owners of historic buildings in Wisconsin are The Wisconsin Department of Transportation
eligible to participate in federal and state income (WisDOT) receives federal funds to provide a vari-
tax incentive programs for the rehabilitation of his- ety of improvement programs, including the Local
toric properties. To qualify for the investment tax Transportation Enhancements (TE) Program.
credit (ITC) programs, an owner must have a Applicants are limited to local units of government
building listed, or eligible for listing, on the State and state agencies. Non-profit organizations and
Register and National Registers of Historic Places. other private parties will not be directly eligible,
Wisconsin currently has ITC programs for although they can work through local government
income-producing properties and for owner-occu- to develop an application. Enhancements funding
pied residences. While the programs are summa- has traditionally paid up to 80% of the project
rized below, they are subject to change, and those costs, leaving local sponsors to come up with a
interested in applying for any of the programs 20% match. It is important to note that funding
should consult the Division of Historic recipients will have to pay the project costs upfront
Preservation for assistance. and submit requests for reimbursement to the
The three ITC programs in Wisconsin current- Wisconsin Department of Transportation.
ly offer the following tax credits for owners who In terms of historic preservation, most of this
rehabilitate their historic properties. In each case, funding has gone towards the rehabilitation of his-
the credit is a percentage of the rehabilitation costs: toric transportation facilities, such as historic train
• A 20 percent federal investment tax credit depots and boathouses. Other transportation relat-
for rehabilitating income-producing historic ed facilities could include historic canals, light-
buildings (www2.cr.nps.gov/tps/tax/). houses, historic ships and locomotives. For more
information, contact the appropriate Wisconsin
• An additional five percent Wisconsin
Department of Transportation district .
investment tax credit for persons who
qualify for the 20 percent tax credit; and
Jeffris Family Foundation
• A 25 percent Wisconsin investment tax
credit for persons who rehabilitate private The Jeffris Family Foundation is dedicated to
owner-occupied homes. Wisconsin cultural history and heritage through
preserving regionally and nationally significant
Even though the rules for applying for the ITC historic buildings and decorative arts projects.
programs vary, all three programs require that Founded in Janesville, Wisconsin, in 1979, the
owners meet the following criteria: Foundation currently has more than $20 million in
• Formally apply and obtain approval to assets, about $1 million of which it grants annually
47
Smart Growth Guide
to projects approved by the Foundation board. The Jeffris Family Foundation funds private
Because of its focus on preservation, the Jeffris nonprofit organizations and governments.
Family Foundation provides challenge grants for Foundation support should act as a catalyst.
preliminary studies, full restorations and follow- Foundation support typically ranges from 25% to
up projects such as publications. For example, the 50% of the total project cost with a significant por-
foundation funded an historic structures analysis, tion of the matching funds originating from the
long-range planning and preservation studies community. The primary focus is on projects in
grants provided to the Mineral Point Historical communities under 100,000 in population. For
Society. These studies were used to formulate a additional information and a grant application,
professional restoration and operational plan for contact the Jeffris Family Foundation, P.O. Box 650,
the Joseph Gundry House Museum in Mineral Janesville, Wisconsin 53547-0650
Point, Wisconsin.
Historic buildings benefit from careful study prior to extensive restoration or rehabilitation
work. This is especially true when impending work will require wholesale alterations, such as
when a building must be adapted to a new use. A useful type of study is the “Historic Structure
Report”, or HSR. An HSR has the goal of better understanding a building, its evolution and its
present condition.
An HSR documents and analyzes
a building’s original construction and
any later changes through historical,
physical and pictorial evidence. It
ascertains which features are historical-
ly significant in order to guide future
work. It documents the current condi-
tion of the building’s materials and
structure. It determines the most
appropriate architectural treatments to
meet the owner’s needs while protect-
ing the building’s historic character
and materials. It establishes work prior-
ities and estimates project costs. When
completed, an HSR serves as a plan-
ning document, which is the basis for
developing working drawings and
specifications prior to the commence-
ment of project work.
This line drawing was taken from
a Historic Structures Report of the
Gundry House in Mineral Point, Iowa
Drawing by River Architects
48
Funding Sources
National Trust for Historic Preservation/ that increase public awareness of the importance
Jeffris Preservation Services Fund of particular historic buildings or decorative art
works in Wisconsin. Preference will be given to
The Jeffris Family Foundation Preservation significant preservation projects in small towns
Services Fund (PSF) was established in 1998 by a and rural communities with populations under
gift from Jeffris Family Foundation to the National 30,000. Deadlines for Wisconsin Humanities
Trust. This gift, made under the leadership of Tom Council Historic Preservation program grants are:
Jeffris, demonstrates the family’s commitment to January 1, March 1, May 1, July 1, September 1 and
preserving Wisconsin’s special architectural histo- November 1 for mini-grants (up top $2,000), and
ry and character. The purpose of the Jeffris PSF is April 15, August 15 and December 15 for major
to provide seed grants to preservation organiza- grants (up to $10,000). Applicants for major grants
tions and local governments in small Wisconsin should also submit a draft proposal six weeks
towns and villages. The fund is especially targeted before the deadline.
towards communities with a population under Grant proposals should conform to the WHC
10,000 that are faraway from metropolitan areas. Grant Guidelines, which may be viewed at
The PSF provides financial assistance to small www.danenet.org/whc, or obtained along with other
towns in the planning stages of preservation proj- application materials, from the Wisconsin
ects by providing “seed grants” (up to $5,000) that Humanities Council, 222 South Bedford Street,
serve as a catalyst to move a project forward. Suite F, Madison, WI 53703-3688.
Grants can be used to assist with the costs of The Wisconsin Humanities Council does not
obtaining professional consultants or providing fund the preservation of “bricks and mortar” proj-
support for preservation-based educational activi- ects or decorative arts. Inquiries about grants for
ties. such purposes should be addressed directly to the
Recipients must match grants at least dollar- Jeffris Family Foundation (see above).
for-dollar and the funds cannot be used for “bricks
and mortar” activities.
Typical uses for the Fund include feasibility
Small Business Administration (SBA)
studies for endangered buildings or sites, architec- Certified Development Company (504)
tural planning, landscape research and planning, Loan Program
development of heritage education and co-spon- The 504 Certified Development Company
sorship of workshops and conferences. (CDC) provides growing businesses with long-
For additional information contact: term, fixed-rate financing for major fixed assets,
Jeanne Lambin such as land and buildings. A Certified
Wisconsin Field Office Development Corporation is a nonprofit corpora-
National Trust for Historic Preservation tion set up to contribute to the economic develop-
319 High Street ment of its community or region. CDCs work with
Mineral Point, WI 53565 the SBA and private-lenders to provide financing
(608) 987-1502 to small businesses. There are about 290 CDCs
jeanne_lambin@nthp.org nationwide. Each CDC covers a specific region.
Typically, a Section 504 project includes a loan
Wisconsin Humanities Council/ secured with a senior lien from a private-sector
lender covering up to 50% of the project cost; a
Historic Preservation Program Grants
loan secured with a junior lien from the CDC (a
The Wisconsin Humanities Council and the 100 percent SBA-guaranteed debenture) covering
Jeffris Family Foundation have formed a partner- up to 40% of the cost, and a contribution of at least
ship to support Historic Preservation Program 10% equity from the small business being helped.
Grants. The Wisconsin Humanities Council The maximum SBA debenture generally is
(WHC) will award grants with funds from both $750,000 (up to $1 million in some cases). The pro-
the Jeffris Family Foundation and the Wisconsin gram is designed to enable small businesses to
Humanities Council. create and retain jobs: the CDCs portfolio must
The Wisconsin Humanities Council accepts create or retain one job for every $35,000 provided
proposals for projects that enhance appreciation of by the SBA. In Madison, the rescue of the
the importance of particular historic buildings or Orpheum Theater and the rehabilitation of the
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50
Funding Sources
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Conclusion
W
isconsin has joined the ranks of other the foreseeable future. It is equally important that
forward-looking states in enacting the community agree up-front on how to achieve
statewide comprehensive planning legis- that vision.
lation. Wisconsin’s is one of only a handful that Preservationists should take every opportuni-
includes cultural resources as a mandatory part of ty to get involved in the local planning process—
a community’s comprehensive plan. to lay the groundwork necessary today to save
Including cultural resources as an element of significant cultural resources. The Wisconsin
comprehensive planning presents a unique oppor- Historical Society can be an important resource in
tunity for those working to preserve a communi- developing a comprehensive plan, particularly the
ty’s history to cooperate with community leaders cultural resource section. For more information
and government officials to develop a unified please phone us at (608) 264-6500 or contact us
vision. The ultimate goal should be to describe a by email at rabernstein@whs.wisc.edu.
vision of what the community should look like in
52
APPENDICES
Appendix A
Appendix A
A Model Historic Preservation Ordinance for Small Communities
I. Purpose and Intent
It is hereby declared a matter of public policy that the protection, enhancement, perpetuation and use
of improvements or sites of special character or special architectural, archaeological or historic interest or
value is a public necessity and is required in the interest of the health, prosperity, safety and welfare of the
people. The purpose of this section is to:
A. Effect and accomplish the protection, enhancement, and preservation of such improvements, sites
and districts which represent or reflect elements of the [city’s] cultural, social, economic, political
and architectural history.
B. Safeguard the [city’s] historic, prehistoric and cultural heritage, as embodied and reflected in
such historic structures, sites and districts.
C. Stabilize and improve property values, and enhance the visual and aesthetic character of the [city].
D. Protect and enhance the [city’s] attractions to residents, tourists and visitors, and serve as a
support and stimulus to business and industry.
II. Definitions
The definitions shall be as follows:
A. Certificate of Appropriateness means the certificate issued by the commission approving
alteration, rehabilitation, construction, reconstruction or demolition of a historic structure,
historic site or any improvement in a historic district.
B. Commission means the Landmarks Commission created under this section.
C. Historic district is an area designated by the [Common Council] on recommendation of the
commission that contains two or more historic improvements or sites.
D. Historic site means any parcel of land of historic significance due to a substantial value in tracing
the history or prehistory of man, or upon which a historic event has occurred, and which has
been designated as a historic site under this section, or an improvement parcel, or part thereof,
on which is situated a historic structure and any abutting improvement parcel, or part thereof,
used as and constituting part of the premises on which the historic structure is situated.
E. Historic structure means any improvement which has a special character or special historic
interest or value as part of the development, heritage or cultural characteristics of the [city],
state or nation and which has been designated as a historic structure pursuant to the provisions
of this chapter.
F. Improvement means any building, structure, place, work of art or other object constituting a
physical betterment of real property, or any part of such betterment, including streets, alleys,
sidewalks, curbs, lighting fixtures, signs and the like.
IV. Historic Structure, Historic Site and Historic District Designation Criteria
A. For purposes of this ordinance, a historic structure, historic site, or historic district designation
may be placed on any site, natural or improved, including any building, improvement or struc-
ture located thereon, or any area of particular historic, architectural, archaeological or cultural
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B. The commission shall adopt specific operating guidelines for historic structure, historic site
and historic district designation providing such are in conformance with the provisions of this
ordinance.
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Appendix A
VI. Procedures
A. Designation of Historic Structures and Historic Sites
1. The commission may, after notice and public hearing, designate historic structures and historic
sites, or rescind such designation or recommendation, after application of the criteria in
Section IV above. At least ten (10) days prior to such hearing, the commission shall notify the
owners of record, as listed in the office of the [city] assessor, who are owners of property in
whole or in part situated within two hundred (200) feet of the boundaries of the property
affected.
2. The commission shall then conduct such public hearing and, in addition to the notified
persons, may hear expert witnesses and shall have the power to subpoena such witnesses and
records as it deems necessary .The commission may conduct an independent investigation into
the proposed designation or rescission. Within ten (10) days after the close of the public hear-
ing, the commission may designate the property as either a historic structure, or a historic site,
or rescind the designation. After the designation or rescission has been made, notification shall
be sent to the property owner or owners. Notification shall also be given to the [City Clerk,
Building Inspection Division, Plan Commission, and the City Assessor.] The commission shall
cause the designation or rescission to be recorded, at [city] expense, in the County Register of
Deed office.
B. Creation of Historic District
1. For preservation purposes, the Landmarks Commission shall select geographically defined
areas within the [city] to be designated as Historic Districts and shall prepare a historic
preservation plan for each. A Historic District may be designated for any geographic area of
particular historic, architectural or cultural significance to the [city], after application of the
criteria in Section IV above. Each historic preservation plan prepared for or by the
Landmarks Commission shall include a cultural and architectural analysis: supporting the
historic significance of the area, the specific guidelines for development, and a statement of
preservation objectives.
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IX. Separability
If any provision of this chapter or the application thereof to any person or circumstances is held
invalid, the remainder of the chapter and the application of such provisions to other persons or circum-
stances shall not be affected thereby.
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Appendix B
Appendix B
City of La Crosse’s Archaeological Preservation Ordinance
Municipal Ordinance 7.07
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60
Appendix C
Appendix C
State Register and National Register of Historic Places Questionnaire
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nomination. Upon request, the Division of Historic expenses. If you are considering nominating your
Preservation will provide a complimentary copy home in order to claim a state tax credit, please
of Wisconsin’s Supplementary Manual, which contact Jim Sewell; otherwise, if your goal is to
explains the format and materials required for nominate an income-producing building so that
nominations in Wisconsin. you can receive federal and state tax credits, con-
Important Financial Information. Owners of tact Brian McCormick. If you plan to apply for the
income-producing National Register properties tax credits, the “Part I: Evaluation of Significance”
may apply for a 20% federal investment tax credit, should be completed instead of this questionnaire.
plus a 5% state “piggyback” credit, for certified Questions and inquiries about the tax certification
rehabilitation expenses. Owner-occupants of his- process should be directed to Jim or Brian.
toric houses listed in the National Register or the Questions about the National Register or State
State Register may apply for a 25% State Register Questionnaire or nomination procedure
investment tax credit for certified rehabilitation should be directed to Marie North.
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Appendix C
NOMINATION QUESTIONNAIRE
OR
List sources of information or attach photocopies (remember the more information that
is provided the better our staff is able to evaluate the property):
________________________________________________________page: ______________
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What alterations or additions were made since the building was built?
Please check one or more boxes where applicable.
❑ additions ❑ replacement siding or re-siding
❑ removal of porches ❑ removal of decorative details
❑ replacement doors and windows ❑ interior remodeling or updating
❑ moved from its original location
(if moved, why, from where and when?)
What do you know about the history of the property? For statements of historical fact, please
indicate your sources of information (keep in mind that our evaluation may depend solely on
the information that you submit, therefore, your sources should be reliable).
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Appendix C
Why do you think that this property should be listed in the National Register and the State Register?
Please check one or more box below and briefly explain why the property is important.
It is directly associated with a person or people who made important individual contributions to
(check one or more):
❑ social or political history ❑ agricultural history
❑ industrial or commercial history ❑ other
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*Photographs
Please submit clear, recent photographs that show all sides of the exterior of the structure, views of the
interior of the structure, and all associated outbuildings. The photographs cannot be returned, but will
become a permanent part of our site records.
*Map
Please draw a simple sketch map of the lot on which the property is located. Include all structures,
adjoining streets, and other major features. Photographs of the buildings should be keyed to this sketch.
If the property is rural, please submit a plat map, county map or other detailed map and precisely mark
the location.
Name: _____________________________________
Address: _____________________________________
Name: _____________________________________
Address: _____________________________________
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Wisconsin Historical Society
NONPROFIT
816 State Street ORGANIZATION
Madison, WI 53706-1482 U.S. POSTAGE
PAID
PERMIT NO. 430