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

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

Key Facts

Governing article
Art. XLI, adopted March 4, 1975
State authority
General Municipal Law § 96-a
Review body
Town of Islip Planning Board
Advisory body
Historical Landmark Preservation Committee
Required before material change
Certificate of appropriateness
Penalty
Up to $2,000 fine, 15 days jail

Summary

Islip protects historically or aesthetically significant sites through a Planned Landmark Preservation Overlay District under Town Code Article XLI, first adopted in 1975. Any property designated a 'landmark' under § 68-448 needs a Planning Board certificate of appropriateness before an owner can make a material change of use or appearance, per § 68-451A(2).

LANDMARK: Any improvement or landscape feature which has a special character or special historical or aesthetic interest or value as part of the development, scenic or cultural heritage of the Town, state or nation and which has been designated as a landmark in connection with the establishment of a Planned Landmark Preservation Overlay District in accordance with this article. ... Material change of use or appearance. Application shall be made to the Town of Islip Planning Board for a certificate of appropriateness indicating that the proposed material change of use or appearance conforms to both the regulations of the underlying districts and to the standards of development... After a public hearing, such a certification, if approved, shall authorize the issuance of an appropriate building permit in conformance with the findings of the Planning Board. No work of any kind shall be undertaken by the applicant prior to the issuance of such a permit.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4826765; v112 updated 2026-02-24; through 02-24-2026).

Full Breakdown

Article XLI, adopted March 4, 1975 under General Municipal Law § 96-a, lets the Town Board designate Planned Landmark Preservation Overlay Districts around 'places, districts, sites, scenic views, buildings, structures, works of art and other objects' with special historic, aesthetic or cultural value, per the legislative findings at § 68-447. A district begins with the Planning Board investigating and holding a public hearing, often on referral from the Town of Islip Historical Landmark Preservation Committee, then recommending that the Town Board amend the Amended Zoning Map under § 68-449, complete with a description of the area's significance, its boundaries and applicable development standards.

Once a district exists, § 68-448 defines a 'landmark' as any designated improvement or landscape feature, and § 68-450 makes overlay rules control whenever they conflict with the underlying zoning district for any building permit, exterior alteration, land-contour work or subdivision. Owners seeking a 'material change of use or appearance', demolition, exterior reconstruction, excavation, new advertising or a lot subdivision, must obtain a certificate of appropriateness from the Planning Board after a public hearing under § 68-451A(2); only after that certificate issues can the Commissioner of Planning and Development grant a building permit.

Routine upkeep is exempt as 'ordinary repairs and maintenance' but still needs the Commissioner's written approval before work starts under § 68-451A(1). Owners who can show a landmark designation blocks a reasonable economic return may seek tax abatement or a transfer of development rights.

Violations & Fines

Starting work on a designated landmark without a certificate of appropriateness, or without the Commissioner's written approval for ordinary repairs, is a Chapter 68 zoning violation punishable under § 68-421 by a fine of up to $2,000, imprisonment up to 15 days, or both, with each day of unauthorized work a separate offense.

Frequently Asked Questions

What makes a property a 'landmark' in Islip?
Under § 68-448, a landmark is any improvement or landscape feature with special historic, aesthetic or cultural value that the Town has formally designated as part of an adopted Planned Landmark Preservation Overlay District: designation isn't automatic just because a building is old.
Do I need approval to renovate a designated landmark?
Yes, unless the work qualifies as ordinary repairs and maintenance. Any material change of use or appearance, including demolition, exterior alteration, excavation or new signage, requires a certificate of appropriateness from the Planning Board after a public hearing under § 68-451A(2) before a building permit can issue.
What if landmark status stops me from earning a fair return on my property?
Section 68-448 defines 'reasonable economic return' and lets an owner document that a landmark designation prevents it; the Town can then offer tax abatement under General Municipal Law § 96-a or approve a transfer of development rights to another lot in the overlay district.

Sources & Official References

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