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

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

Key Facts

Designating bodies
Preservation Board and Planning Commission
Owner notice deadline
Certified mail within 5 business days
Board hearing decision window
32 days after hearing closes
Vote needed without owner consent
Three-fourths of full Board
Interim protection
No alteration/demolition while nomination pending
Appeal deadline
30 days, via CPLR Article 78

Summary

Rochester designates landmarks, including cultural and civic sites, through the Preservation Board and Planning Commission under City Code § 120-193. A site must show cultural, historic, or civic benefit under listed criteria, and once nominated, alteration or demolition is frozen until the process concludes.

No structure, improvement, landscape feature or cultural site in the City shall be designated a landmark pursuant to the provisions of this section unless it shall have the potential to provide cultural and civic benefits for the people of the City by reason of prevalence of one or more of the following standards: (a) Preservation Board standards: [1] Presence of significant character or historic or aesthetic interest or value as part of the maritime, architectural, economic or social heritage of the City, county, state or nation. [2] Identification with an historic person or event. [3] Embodiment of the distinguishing characteristic of an architectural style. ... [8] Worthiness for inclusion or listed on the State or National Register of Historic Places.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4935326; v86 updated 2026-06-16; through 06-16-2026).

Full Breakdown

Under Rochester City Code § 120-193, the Preservation Board and Planning Commission share authority to designate landmarks, including any "structure, improvement, landscape feature or cultural site" found to hold cultural and civic benefit for city residents. A nomination can come from City Council, the Planning Commission, the Preservation Board, the property owner, or any city resident who secures Preservation Board sponsorship. The Director of Zoning and Permitting must send the owner notice by certified mail, return receipt requested, within five business days of receiving a completed nomination.

The Preservation Board then holds a public hearing and has 32 days after it closes to approve, approve with modifications, or deny the designation; missing that deadline counts as a refusal. If the owner does not consent, designation requires a three-fourths affirmative vote of the full Board. Approved nominations move to the Planning Commission, which likewise has 32 days after its own hearing to approve or disapprove, again needing a three-fourths vote without owner consent, though missing the deadline there counts as approval of the Board's action.

Once the Planning Commission acts, the Director of Zoning and Permitting records the landmark on the Zoning Map, and designation becomes effective upon recording. Critically, § 120-193A(4)(g) makes it unlawful to construct, alter, remodel, remove, move, or demolish any building, structure, improvement, or premises covered by a pending nomination until the application is finally disposed of. Once designated, § 120-194 requires a certificate of appropriateness from the Preservation Board (or, for guideline-compliant work, the Director of Zoning and Permitting) before any construction, alteration, remodeling, removal, movement, or demolition on the landmark.

A limited set of activities, such as in-kind replacement of historic features, non-designated interior renovations, and removal of dead or diseased trees certified by a licensed arborist, is exempt.

Violations & Fines

Working on a pending-nomination or designated landmark without the required approval is a violation of Chapter 120, enforced under § 120-203 through the procedures of Chapter 52 of the Rochester Municipal Code. Per § 120-206, once a ticket or summons issues, each additional day the violation continues after notice is a separate offense punishable by a like fine or penalty, and enforcement responsibility rests with the Director of Zoning and Permitting under § 120-205.

Frequently Asked Questions

Can a cultural site be designated a Rochester landmark without the owner's consent?
Yes, but it takes more support: § 120-193A(3)(c) requires a three-fourths affirmative vote of the full Preservation Board, and later the full Planning Commission, whenever the owner has not consented to the designation.
What happens to a building once it is nominated as a landmark?
Under § 120-193A(4)(g), it becomes unlawful to construct, alter, remodel, remove, move, or demolish the nominated building, structure, or premises until the nomination is finally resolved by the Preservation Board and Planning Commission.
Do I need city approval to repaint or repair a designated Rochester landmark?
Only for a color change on previously painted surfaces or for alterations; § 120-194A(5) exempts routine repairs, replacements, and routine maintenance that do not constitute an alteration from needing a certificate of appropriateness.
How long does the Planning Commission have to act on a landmark nomination?
Section 120-193A(4)(d)[3] gives it 32 days after its public hearing closes to approve or disapprove; missing that window without the applicant's agreement counts as approval of the Preservation Board's designation.

Sources & Official References

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