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

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

Key Facts

Commission size
Seven members, six Town Board appointees
Designation trigger
Any person may request designation
Notice radius
Certified mail to owners within 200 feet
Permit freeze
Demolition/alteration permits frozen up to 120 days
Hearing requirement
Town Board public hearing before designation
Term length
Members serve three-year terms

Summary

Chapter 76 of the Hempstead Code lets the seven-member Landmarks Preservation Commission designate any place, structure or building of historical or architectural significance as a Town landmark. Once designated, no building permit for alteration, demolition or new construction on the site can issue without Commission review under § 76-10 and § 76-11.

§ 76-1. Definitions. LANDMARK: Any place, structure or building of historical value or aesthetic interest by reason of its antiquity or uniqueness of architectural design or as part of the development, heritage or cultural characteristics of the town, county, state or nation.

§ 76-6. Designation procedure. A. Any person, with or without the written consent of the owner, may request the designation of a landmark or landmark site by submitting an application to the Commission on its form. In addition, the Commission may, on its own motion, with or without the written consent of the owner, initiate proceedings for the designation of a landmark or landmark site. In reaching a decision, the Commission shall consider the special character, ambiance, historical significance, aesthetic value and uniqueness of architectural design of the proposed landmark or landmark site wherever applicable.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4863878; v67 updated 2026-04-28; through 04-28-2026).

Full Breakdown

Anyone, with or without the owner's consent, can ask the Landmarks Preservation Commission to designate a "landmark" or "landmark site" by filing an application on the Commission's form, and the Commission can also start the process on its own motion under § 76-6A. Chapter 76 defines a landmark broadly at § 76-1 as "any place, structure or building of historical value or aesthetic interest by reason of its antiquity or uniqueness of architectural design or as part of the development, heritage or cultural characteristics of the town, county, state or nation." In deciding whether to move forward, the Commission weighs the "special character, ambiance, historical significance, aesthetic value and uniqueness of architectural design" of the property under that same section.

Once the Commission takes up an application, § 76-6B requires certified-mail notice to the owner and to every property owner within 200 feet of the parcel, and the Town Board must hold a public hearing within 90 days of the Commission's decision, advertised in a newspaper at least 14 days ahead, per § 76-6D. No designation can take effect without that hearing. While the application is pending, § 76-7A freezes demolition, alteration or improvement permits for up to 120 days. The Commission itself has seven members: six appointed by the Town Board plus the Commissioner of Buildings or a designee, including one architect, one architectural historian and one attorney, serving three-year terms under § 76-2. A designated landmark can later be struck from the Landmarks Map under § 76-12 if it is destroyed or altered so extensively that it loses architectural significance, but only after written notice to the owner and a chance to be heard before the Town Board.

Violations & Fines

Once a site is designated, § 76-10 bars the Department of Buildings from issuing a permit for construction, alteration, removal or demolition on it without following the criteria in that section, and § 76-11 makes the Commission's recommendation binding on the Commissioner of Buildings, who cannot issue the permit without the Commission's approval or conditional approval.

Frequently Asked Questions

Who can request landmark designation in the Town of Hempstead?
Any person can request designation of a landmark or landmark site under § 76-6A, with or without the property owner's written consent. The Landmarks Preservation Commission can also start the process on its own motion.
Does landmark designation stop me from getting a building permit?
While an application is pending, § 76-7A blocks the Department of Buildings from issuing a demolition, alteration or improvement permit for up to 120 days. If the site is designated, § 76-10 and § 76-11 require Commission approval before any such permit can issue.
How does the Town notify neighbors about a proposed landmark?
Section 76-6B requires certified mail, return receipt requested, to the owner and to every property owner within 200 feet of the parcel's exterior boundary lines, and those owners may confer with the Commission before its final recommendation.
Can a landmark designation be removed later?
Yes. Under § 76-12, the Town Board may remove a site from the Landmarks Map if it is destroyed or altered so extensively that it no longer has architectural significance, but only after giving the owner written notice and an opportunity to be heard.

Sources & Official References

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