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Modesto, CA Historic Preservation: Historic-Cultural Monuments (2026)

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

Key Facts

Designating body
City Council, by resolution
Recommending body
Modesto Landmark Preservation Commission
Permit hold
No permit without written Commission approval
Deemed-approved deadline
45 days (15-day extension possible)
Appeal window
15 days to City Council
Penalty
Infraction, per day of continuing violation

Summary

Modesto designates Landmark Preservation Sites by City Council resolution after Commission review, then requires written Commission approval before any building permit for alteration, relocation or demolition of a designated site can issue.

The Commission shall recommend sites to the City Council for designation as Modesto Landmark Preservation Sites. In order to be recommended for designation, the Commission must determine that the site being considered possesses historic, architectural, cultural, archaeological or engineering significance as defined above... The City Council, upon recommendation of the Commission, may, by resolution, designate a Modesto Landmark Preservation Site, and an appropriate presentation and/or identifying plaque may be provided for.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 71).

Full Breakdown

Chapter 10 of Title 9, the Modesto Landmark Preservation ordinance (Ord. , effective 3-7-19), creates the Modesto Landmark Preservation Commission and its designation process. 05, the Commission conducts a continuing survey of properties, accepts citizen nominations, and researches sites it believes are significant, then recommends designation to the City Council where it finds historic, architectural, cultural, archaeological or engineering significance, weighing factors like compatible setting, economic feasibility of preservation, intact original character and compatible use. Eligibility is determined at a public Commission hearing followed by a resolution of recommendation; the City Council then holds its own public hearing before designating a site by resolution, at which point the City Clerk records the legal description with the Stanislaus County Recorder.

07 requires the Chief Building Official to refer any permit application proposing to alter, renovate or demolish it to the Community & Economic Development Director, and no building permit may issue until the Landmark Preservation Commission gives written approval or the Director determines the resource is not subject to review. The Commission must act within 45 days of a complete application (extendable 15 days for professional study) or the application is deemed approved. 07(h). 07(j). 10.

Violations & Fines

Section 9-10.08 makes it an infraction for an owner or occupant of a designated Landmark Preservation Site to violate the chapter, including performing unauthorized remodeling, repair, construction or demolition; each day the violation continues is a separate infraction, and the City may also seek injunctive relief since a violating site is declared a nuisance under the same section.

Frequently Asked Questions

Can a Modesto property owner get a building permit to alter a designated landmark without Commission review?
No. Section 9-10.07 requires the Chief Building Official to refer alteration, relocation or demolition permit applications for designated sites to the Community & Economic Development Director, and bars issuing the permit until the Landmark Preservation Commission gives written approval, unless the Director finds the resource is not subject to review.
How long does the Commission have to rule on a landmark alteration permit?
Section 9-10.07(g) gives the Commission 45 days from a complete application to approve or deny it; if it does neither, the application is deemed approved. The Commission can extend that window by 15 days by vote when professional study is needed.
What happens if someone demolishes part of a designated landmark without approval?
Section 9-10.08 makes that an infraction, with each day the unauthorized work continues counted as a separate violation, and the site itself is declared a nuisance that the City can also address through injunctive relief.

Sources & Official References

Other rules in Modesto

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