What You Need to Know About Compliance With Historical Preservation Regulations
Sept. 19, 2025
Historical preservation regulations play a significant role in protecting the cultural and architectural heritage of Brentwood, Tennessee. Whether the property is a century-old home in a rural community or a landmark building in a busy downtown area, owners must follow specific legal requirements when making repairs, renovations, or additions.
William L. Pomeroy Law knows that complying with these regulations involves more than simply maintaining appearances.
State and federal laws outline detailed procedures that property owners must follow to keep the historical integrity of the structure intact. Failing to comply can lead to legal penalties, financial consequences, and challenges in future development.
Historical Preservation Regulations
Historical preservation laws are designed to protect properties with historical, cultural, or architectural significance. In Tennessee, these regulations may come from multiple sources, including municipal ordinances, state statutes, and federal preservation programs.
The Tennessee Historical Commission plays a central role in overseeing preservation efforts. At the federal level, the National Historic Preservation Act and the Secretary of the Interior’s Standards for the Treatment of Historic Properties provide guidance. Together, these regulations influence how historical properties can be maintained, altered, or developed.
The key goal is to retain the property’s original character while allowing for necessary updates. This means that repairs and alterations must often use materials, designs, and construction techniques consistent with the property’s original period.
Identifying Properties Subject to Preservation Regulations
Not all older properties are subject to historical preservation requirements. A building may be covered if it’s listed on the National Register of Historic Places, located within a designated historic district, or identified as significant by local authorities.
Some properties qualify for preservation oversight because of their connection to important historical events, notable individuals, or distinctive architectural styles. In many cases, even structures that are not officially listed can fall under certain protections if they contribute to the character of a historic district.
Property owners should confirm whether a property is subject to preservation rules before starting any project. This step is important because the scope of regulations and approval processes can vary widely between jurisdictions.
The Approval Process for Changes to Historic Properties
Before making changes to a historically protected property, owners often must obtain approval from a local historic zoning commission or another governing body. This process typically involves submitting detailed plans for review.
The review considers several factors, including:
Whether the proposed changes align with historical preservation standards
The impact on the property’s original architectural features
The compatibility of new materials with existing ones
The effect on the surrounding historic district, if applicable
Approval timelines can vary, and owners may need to provide additional documentation or modify plans to meet requirements. Understanding the process in advance helps avoid delays and potential disputes.
Common Restrictions on Modifications
Historical preservation regulations often place limits on the types of changes allowed to a property. These restrictions are intended to protect the authenticity of the building’s appearance and structure.
Examples of common restrictions include:
Prohibiting the removal or alteration of original architectural details such as cornices, columns, or windows
Limiting exterior paint colors to historically accurate palettes
Requiring the use of period-appropriate materials in repairs
Restricting additions that alter the building’s historical character or scale
While these limitations may seem strict, they’re designed to maintain the property’s value and cultural importance over time.
Interaction With Zoning and Building Codes
Compliance with historical preservation regulations often intersects with other legal requirements, such as zoning laws and building codes. This overlap can create additional layers of review for property owners.
For example, a property located in a historic district must meet both the district’s preservation rules and the general zoning requirements for the area. Similarly, any repairs or renovations must comply with modern safety and accessibility standards without compromising the building’s historic features.
Balancing these different requirements can be challenging, making it essential to plan projects with a full understanding of all applicable regulations.
Federal Incentives for Compliance
In addition to preserving cultural heritage, historical preservation can offer financial benefits. The federal Historic Preservation Tax Incentives program provides a credit for rehabilitating certified historic structures.
To qualify, a project must meet the Secretary of the Interior’s Standards and be approved by the National Park Service. The tax credit can be substantial, making compliance more financially viable for property owners.
Tennessee also offers certain grant programs and incentives for preservation work, particularly for properties that play a significant role in community heritage. These benefits can offset some of the costs associated with meeting preservation requirements.
Consequences of Noncompliance
Failing to comply with historical preservation regulations can lead to serious consequences. Depending on the jurisdiction, penalties may include fines, court orders to reverse unauthorized changes, and loss of eligibility for tax incentives.
In some cases, property owners may be required to restore altered features to their original condition, which can be costly and time-consuming. Noncompliance can also affect a property’s market value, as buyers may be wary of unresolved regulatory issues.
For properties in designated historic districts, repeated violations can prompt stricter oversight and even restrictions on future modifications.
The Basics of Historical Preservation Commissions
Local historical preservation commissions play a crucial role in overseeing compliance. These bodies review proposed changes, provide guidance, and make determinations on whether a project aligns with applicable standards.
Commission members typically have experience in architecture, history, or related fields, allowing them to evaluate proposals with an understanding of both historical context and construction practices.
Their decisions can be appealed in certain situations, but the process for doing so varies by locality. Property owners should familiarize themselves with local commission procedures before beginning any preservation project.
Working With Preservation Professionals
While property owners can handle some compliance matters on their own, many choose to work with preservation architects, contractors, and consultants. These professionals have experience in meeting preservation requirements while addressing structural and functional needs.
Collaborating with professionals can help reduce the risk of costly mistakes or rejected proposals. It can also provide valuable insights into sourcing appropriate materials and adapting modern systems to historic structures without compromising integrity.
Balancing Modern Needs With Historical Requirements
One of the biggest challenges in historical preservation is integrating modern amenities into older structures without damaging their character. Property owners often want to improve energy efficiency, add technological upgrades, or make spaces more functional for contemporary use.
In many cases, these updates are possible with careful planning and creative design. For example, modern insulation can sometimes be installed in ways that do not interfere with historic plaster walls, and updated HVAC systems can be hidden in less visible areas.
By approaching modifications thoughtfully, owners can meet both preservation requirements and modern needs.
Steps to Prepare for a Preservation Project
Before starting a preservation project, property owners should take several important steps:
Research whether the property is subject to historical preservation regulations
Review applicable local, state, and federal standards
Consult with professionals who have experience in preservation projects
Develop detailed project plans that show how work will comply with preservation requirements
Build additional time into the schedule for review and approval processes
Taking these steps early can help avoid delays, unexpected costs, and compliance issues.
How Historical Preservation Supports Community Identity
Beyond legal compliance, historical preservation contributes to the character and identity of Tennessee’s communities. Protected buildings and districts often serve as focal points for cultural events, tourism, and economic activity.
Preserved properties can attract visitors, encourage local investment, and foster community pride. They also provide tangible connections to the past, allowing future generations to experience architectural styles and craftsmanship from different eras.
By maintaining historic structures, property owners play a direct role in sustaining this shared heritage.
Compliance with historical preservation regulations in Tennessee requires careful attention to legal standards, property characteristics, and community considerations. While the process can involve detailed planning and oversight, the benefits of protecting these properties extend far beyond individual ownership.
Call William L. Pomeroy Law Today
Preserving historic structures helps maintain cultural continuity, supports local economies, and honors the stories embedded in Tennessee’s architecture. For property owners, understanding the requirements and taking a thoughtful approach to compliance can make historical preservation both a legal obligation and a meaningful contribution to the community.
Serving Brentwood, as well as Davidson County, Williamson County, and Rutherford County, William L. Pomeroy is here to help. Call the firm today.