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

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

Key Facts

Governing body
7-member Historic Landmarks Preservation Commission
Adopted
10-21-2003, rewritten 2-17-2022
Notice radius
300 feet of affected property
General penalty
Up to $250 fine or 15 days
§ 27-8A violation
$1,000-$5,000 fine or 1 year
Appeal route
CPLR Article 78 to State Supreme Court

Summary

North Hempstead's seven-member Historic Landmarks Preservation Commission designates buildings, structures, sites, objects, and districts as historic landmarks under Town Code Chapter 27. Once designated, no alteration, construction, demolition, or relocation may proceed without a certificate of appropriateness, and pending applications freeze other Town permits.

Notwithstanding any other ordinance, code, rule or regulation concerning the issuance of a building permit, and whether or not a proposed activity requires a building permit, none of the following activities shall be commenced on a designated historic landmark or in a designated historic landmark district without the issuance of a certificate of appropriateness: (1) Any alteration, subject to the exclusions in Subsection K. (2) Any construction within a designated historic landmark district.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4892187; v82 updated 2026-04-21; through 04-21-2026).

Full Breakdown

Chapter 27 was adopted in 2003 and rewritten entirely by Local Law 3-2022. Any person, or the Commission on its own motion, may apply to designate a building, structure, site, object, or district; owners within 300 feet must get mailed notice, and the Commission must hold a public hearing within 60 days of the application and decide within 60 days of the hearing's close. If the Commission recommends designation, the Town Board holds its own hearing within 90 days and can accept, remand, or reject the recommendation.

Under § 27-7, no zone change, variance, site plan, building permit, demolition permit, or sign permit may be granted for a property under a pending landmark application until the Commission or Town Board finally disposes of it. Once a landmark or district is designated, § 27-8 requires a certificate of appropriateness before any alteration or new construction on the landmark or within the district, and before any demolition or relocation, reviewed by the Commission against factors including historical and architectural value, design, materials, and compatibility with surrounding structures.

1. Public agencies must refer plans affecting Town, county, or other government-owned landmark property to the Commission for a 60-day review before final Town approval. Decisions of the Commission may be appealed to the New York State Supreme Court under CPLR Article 78.

Violations & Fines

Violating most of Chapter 27 is punishable by a fine of up to $250 or up to 15 days' imprisonment, or both, with each day a separate offense. Unauthorized alteration, construction, demolition, or relocation without a certificate of appropriateness under § 27-8A is a misdemeanor, carrying a fine of $1,000 to $5,000, up to one year in jail, or both. The Town Attorney may also bring a civil action to prevent, restrain, correct, or abate a violation in addition to any fine.

Frequently Asked Questions

Can I alter a designated historic landmark in North Hempstead without approval?
No. Under § 27-8A, any alteration or construction on a designated landmark or within a historic landmark district requires a certificate of appropriateness from the Commission first, regardless of whether a building permit is also required. Unauthorized work is a misdemeanor punishable by $1,000 to $5,000 in fines or up to a year in jail.
Who decides whether a property becomes a historic landmark?
The Town's seven-member Historic Landmarks Preservation Commission reviews applications and holds a public hearing within 60 days, then recommends action to the Town Board, which holds its own hearing and can accept, remand, or reject the recommendation within 60 days under § 27-5.
What happens to permits while a landmark application is pending?
Section 27-7 bars the Town from granting any zone change, variance, site plan, building permit, demolition permit, or sign permit for the property from the date the application is filed until the Commission or Town Board makes a final decision.

Sources & Official References

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