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Clarkstown, NY Historic Preservation: Historic-Cultural Monuments (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Board
7-member Architectural Historic Review Board
AHRB review window
45 days, else automatic approval
Appeal deadline
30 days to Zoning Board of Appeals
First-offense fine
Up to $2,500
Repeat-offense fines
$2,500 to $15,000
Coverage
Unincorporated Town, excludes 3 villages

Summary

Clarkstown's Architectural Historic Review Board (AHRB) sets the criteria for identifying historic, architectural and cultural landmarks and must review any building or sign permit affecting a Town-designated historic site or district outside the villages. Owners who let a designated property deteriorate face separate violations and escalating fines under § 5-18.

E. To adopt criteria for the identification of historic, architectural and cultural landmarks within the Town; F. To give advisory recommendations to the Town Board for the designation of historic landmarks, sites, roads and districts in the Town of Clarkstown for potential elevation to regional, state or national prominence;

Full Breakdown

The Town Board created the seven-member Architectural Historic Review Board under § 5-2, including a Chairperson and Vice Chairperson, with members trained in art, architecture, tree preservation, landscaping or historical preservation serving staggered seven-year terms. Section 5-3 gives the AHRB authority to adopt criteria for identifying historic, architectural and cultural landmarks within the Town (§ 5-3E) and to give the Town Board advisory recommendations for designating historic landmarks, sites, roads and districts for potential elevation to regional, state or national prominence (§ 5-3F), plus recommendations on using state, federal or private grant funds to preserve those landmarks (§ 5-3G).

Once a property is designated, § 5-4A requires the Building Inspector to refer any building or sign permit application affecting a historically designated residential structure, or any site within a designated historical area, to the AHRB before a permit can issue; the Board has 45 days to act, and inaction within that window counts as automatic approval. Under § 5-5, ordinary maintenance that does not change design, material, color or outward appearance needs no AHRB review, but an owner may not let a designated historic site or a property within a historic district fall into disrepair that damages exterior architectural features, listing deterioration of walls, columns, roofs, soffits, siding and chimneys as examples.

Decisions can be appealed to the Zoning Board of Appeals within 30 days under § 5-6. This authority runs only in the Town of Clarkstown outside the incorporated areas; it does not reach the Villages of Nyack, Upper Nyack or South Nyack, each of which runs its own separate historic-preservation code.

Violations & Fines

First-offense fines run up to $2,500; a second offense within 18 months costs $2,500 to $5,000; a third costs $7,500 to $10,000; and a fourth or subsequent offense within 18 months costs $10,000 to $15,000, with every week of continued noncompliance a separate offense. Owners who let a designated historic site deteriorate must restore it to AHRB-acceptable condition, enforceable by the Town Attorney as a civil remedy alongside criminal prosecution by Code Enforcement.

Frequently Asked Questions

Who decides if a building or site is a historic landmark in Clarkstown?
The seven-member Architectural Historic Review Board, created under § 5-2, adopts the criteria for identifying historic, architectural and cultural landmarks (§ 5-3E) and recommends landmark, site, road and district designations to the Town Board (§ 5-3F) for the unincorporated Town.
Do I need AHRB approval to alter a designated historic property?
Yes. Under § 5-4A, the Building Inspector must refer any building or sign permit application for a historically designated residential structure or property within a historic area to the AHRB before a permit can issue, and the Board has 45 days to act before approval becomes automatic.
What happens if I let a designated historic property fall into disrepair?
Section 5-5B makes it a violation for an owner of a historic site or a property within a historic district to let the property deteriorate so as to damage its exterior architectural features, punishable under the § 5-18 penalty schedule and enforceable by the Town Attorney as a civil remedy.
Does this apply inside the Villages of Nyack, Upper Nyack or South Nyack?
No. Clarkstown's Architectural Historic Review Board only has authority 'in the Town of Clarkstown outside of the incorporated areas' under § 5-4A; each village runs its own separate historic-review process under its own code.

Sources & Official References

Other rules in Clarkstown

All Clarkstown rules

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