Can a property owner “opt out” of being included in a local historic district?
No. The historic preservation ordinance is a local law and compliance by property owners is mandatory. Neither local nor state preservation laws require the consent of property owners for the designation of a local historic district. Public hearings are required prior to designation of a district, and all property owners have a right to be heard; however, once a district is designated property owners may not “opt out” of the district or compliance with the preservation ordinance.
