Initiatives -- Protection of Rural Historic Structures

The NBA is not only concerned with the documentation of barns and rural historic structures, but also in their long-term protection. This protection might take make forms.

A property may be eligible for local landmark status through either a county or state process. Check with your State Historic Preservation office to determine if there is a program for landmarking in your rural area.

A property may also be eligible for the National Register of Historic Places. Although the National Register first published Guidelines for Evaluating and Documenting Rural Historic Structures in 1989, evaluation and acceptance of rural historic structures for the National Register remains inconsistent from one state to another. The National Register nomination process can be lengthy, generally taking a year or more from initiation to completion. Again, check with your State Historic Preservation office before proceeding with a National Register nomination.

Insurance coverage for rural historic structures can be difficult, if not impossible, to obtain. The NBA, as well as other national preservation organizations such as the National Trust for Historic Preservation, has been tracking this problem for some time. Industry trends for historic structure insurance policies continue to be a source of great concern.

For information on the permanent protection provided by preservation or conservation easements we have provided the following overview:

Conservation or Preservation Easements

For property owners looking to permanently protect their historic properties, one of the most effective legal tools available is the preservation or conservation easement—a private legal interest conveyed by a property owner to a preservation organization or to a government entity. The decision to donate a preservation easement is almost always voluntary, but, once made, it requires both the current owner and future owners to protect the historic character of the property. While some easements are for a period of years, in most instances easements are created as permanent restrictions.

The use of conservation easements is specifically encouraged by an important economic incentive: property owners who donate qualified conservation easements to qualified easement-holding organizations may be eligible for a charitable contribution deduction from their federal income taxes for the value of the easement—provided that the contribution meets the standards of the Internal Revenue Service (IRS).

There are many kinds of historic properties—and easements are as varied as the properties they protect. Most preservation easements protect, at the very least, the exterior character-defining features of a historic property, but many go beyond this to include interior features, the historic setting of a property, and/or specific landscape features. Most easements restrict the owner's use of development rights such as subdivision or air rights. Some allow the owner to exercise those rights, but only as approved by the easement-holding organization. Some prohibit additions or construction of secondary structures; others permit them if approved as compatible with the historic character of a building. It is possible to combine an easement on land with an easement on historic buildings (and vice versa).

Typically, preservation easements address five basic issues: (1) What physical features of the property are covered by the easement; (2) What activities by a property owner that could damage or destroy significant historic or architectural features are absolutely prohibited; (3) What activities are allowed, subject to the approval of the easement-holding organization; (4) What activities are permitted by the owner as a matter of right; and (5) What type of maintenance obligations are required. The easement will also address other "boilerplate" issues, such as insurance, public access, amendment, and casualty damage.

For more information on preservation easements go to the National Trust for Historic Preservatation.

To find out what organizations in your area are accepting easements, contact the National Trust's Regional Office for your area or your State Historic Preservation office (see "Resources").

The National Park Service also has information on easements available on its website.