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Hamburg Village, NY Historic Preservation: Historic-Cultural Monuments (2026)

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

Key Facts

Governing chapter
Chapter 44, Village of Hamburg Landmarks Preservation Local Law
Designating body
Village of Hamburg Historic Preservation Commission, seven members
Landmark criteria
Five alternative criteria in § 44-11(A)
Age rule
Significance within the past 50 years ordinarily ineligible
Decision deadline
62 days after the public hearing closes
First-offense fine
Not exceeding $350 or six months in jail, or both
Appeal window
15 days to the Board of Trustees under § 44-24

Summary

In the Village of Hamburg, the Historic Preservation Commission designates individual landmarks, scenic landmarks and historic districts under Chapter 44, the Village of Hamburg Landmarks Preservation Local Law. A property qualifies by meeting one of five criteria in § 44-11, and properties younger than 50 years are ordinarily ineligible. The Board of Trustees hears appeals.

§ 44-11. Criteria and designation of landmarks or historic districts. The Commission shall designate landmarks or historic districts within the Village under this chapter. A. Individual landmark. The Commission may designate an individual property as an individual landmark if it: (1) Exemplifies or possesses special character, or historic or aesthetic interest of value as part of the political, economic, or social history of the Village; (2) Is identified with persons or events significant in local, state, or national history; ... (5) Has yielded or may be likely to yield information important in prehistory or history. ... D. The boundaries of each landmark, scenic landmark or historic district shall be specified in detail with reference to the tax map identification number and shall be filed, in writing, in the Village Clerk's office and there made available for review by the public. E. Ordinarily, properties that have achieved significance within the past 50 years are not considered eligible for designation under this landmarks preservation chapter or local law adopted by the Village Board of Trustees.

Full Breakdown

The Village of Hamburg does not use the label cultural monument. Its Board of Trustees adopted Chapter 44 on 10-15-2018 as L.L. No. 4-2018, and the protected categories are the individual landmark, the scenic landmark and the historic district. Under § 44-11 the Commission designates an individual property if it has special character or historic or aesthetic interest in the Village's political, economic or social history, is identified with significant persons or events, embodies a type, period or method of construction or design, is an established and familiar visual feature of the community, or has yielded or is likely to yield information important in prehistory or history.

A historic district requires that a majority of the properties in it contain properties meeting one or more landmark criteria and form a unique section of the Village. Scenic landmarks cover a landscape feature or group of features, and a recommendation must carry the historical and architectural information the Commission requires plus any fee set by the Board of Trustees. Boundaries are tied to tax map identification numbers and filed in the Village Clerk's office. Under § 44-12 a proposal can come from the Commission, the owner or any Village resident.

The owner is notified within five days, notice of the public hearing is published in a newspaper at least 15 days ahead, and the Commission decides by resolution within 62 days after the hearing closes, with notice to owners within seven days. Under § 44-4 the Commission has seven members appointed by the Mayor with Board of Trustees approval. A district is not a zoning district, and the Commission cannot regulate height, bulk, yards or density. Once a property is designated, § 44-13 requires a certificate of appropriateness before exterior alteration, demolition, new construction or a move, and § 44-14 bars the Commission from reviewing exterior paint colors.

Violations & Fines

Under § 44-23, work done without a certificate of appropriateness draws a stop-work order from the Code Enforcement Officer, who can also require the owner to restore the property to its appearance before the violation. A first conviction carries a fine not exceeding $350 or up to six months in jail, or both. A second conviction within five years carries $350 to $700. A third or later conviction carries $700 to $1000. Each day and each week of continued violation counts as a separate offense.

Frequently Asked Questions

Who decides whether a property in the Village of Hamburg becomes a landmark?
The Village of Hamburg Historic Preservation Commission makes the designation under § 44-11 and § 44-12, not the Board of Trustees. The Commission holds a public hearing after at least 15 days of published notice and decides by resolution within 62 days after the hearing closes. The Board of Trustees hears appeals.
Can an owner object to a proposed designation?
Yes. The owner is notified within five days of the proposal and is mailed notice of the hearing. Owners, the Commission and any interested party can present testimony or documents at the hearing, and the Commission keeps a written record of evidence on both sides. A proposal can also be started by the owner or any Village resident.
Can a recently built property be designated in the Village of Hamburg?
Ordinarily not. Under § 44-11(E), properties that achieved significance within the past 50 years are not considered eligible. The exceptions are properties that are integral parts of a qualifying historic district and properties of exceptional importance.
How do I challenge a Historic Preservation Commission decision in the Village of Hamburg?
Under § 44-24, a person aggrieved by a decision on a certificate of economic hardship or a certificate of appropriateness files a written appeal with the Village Board of Trustees within 15 days of the decision. Review uses the same record the Commission had and the same criteria in Chapter 44.

Sources & Official References

Other rules in Hamburg Village

All Hamburg Village rules

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