LEGAL BASIS FOR PRESERVATION
Preservation at the Federal Level
Historic preservation is accomplished through a variety of different tools that are permitted under both federal and state law. The National Historic Preservation Act of 1966 created an extensive framework within which preservation could take place. It established programs and opportunities for preservation activities from the federal government to the local level. Among other programs, the Act created the National Register of Historic Places as well as State Historical Preservation Offices (SHPO) and the Certified Local Government Program (CLG).
Preservation at the State Level - the SHPO
Federal law mandates that states have a State Historical Preservation Office (SHPO). The Pennsylvania Historic Preservation Act of 1978 (Act 273) recognizes the role of the Pennsylvania Historical and Museum Commission (PHMC), which is the Pennsylvania SHPO, as having general responsibility for overseeing and advising all levels of government on historic preservation within the state.
Preservation on the Municipal Level
The Pennsylvania state laws which specifically enable local regulation for preservation are Historic District Act 167 (1961 P. L. 282) and Article IV (Section 604 (1) and 605(2)) in the Municipalities Planning Code (MPC). Specifically, the MCP (Article IV) allows the municipality to use zoning to protect historic sites, whereas the Historic District Act is the specific legislation authorizing municipalities to create local historic districts and to establish an Historical and Architectural Review Board (HARB) to oversee architectural activity within the district.