Preservation Law

Local:

Clinton currently has no ordinances governing treatment of historic properties. Ordinance 90-14 establishes the Clinton Historic Preservation Commission. 

State:

Municipalities in New Jersey were given express authority to regulate private encroachments on designated historic properties. In 1985, the NJ Municipal Land Use Law affirmed the ability of local governments to zone for the protection of historic resources. The MLUL amendments in 1992 outlined a specific planning process regarding the creation of local historic districts and the review of development activity within the districts. With the passage of such important national and state legislation, the concept of historic preservation is deemed to be a legitimate and desirable public program. 

The New Jersey Register of Historic Places is the official list of New Jersey's historic resources of local, state, and national interest. Created by the New Jersey Register of Historic Places Act of 1970, the New Jersey Register is closely modeled after the National Register program. Both Registers have the same criteria for eligibility, nomination forms, and review process. Nearly every municipality in New Jersey has properties significant in architecture, history, archaeology, engineering and/or culture that are eligible for the New Jersey and National Registers. See also the New Jersey Register Regulations.

Federal:

In 1966, the National Historic Preservation Act was signed into law and fostered new and renewed interested in historic preservation. The 1966 Act created the National Register of Historic Places, which offered the protection of privately, owned historic buildings and properties from federal government actions. It created National Register criteria to evaluate buildings for inclusion on the Register and established a review process for public projects that involved the encroachment or razing of registered properties. It also permitted States to setup a similar process that protected registered properties from municipal, county and state encroachments.

  • Federal Laws, Regulations and Standards: links to the full text of the laws, regulations, standards and guidelines, and executive orders related to cultural resources.
  • Section 106 of the National Historic Preservation Act of 1966 (NHPA) requires Federal agencies to take into account the effects of their undertakings on historic properties, and afford the Advisory Council on Historic Preservation a reasonable opportunity to comment. Section 106 Users Guide provides information about the applicaton of this portion of the Act (Note: In New Jersey, Section 106 reviews are handled by the NJ State Historic Preservation Office)