A. Local Ordinance
The LHD or LHP ordinance empowers the HDC or HPC. It instructs them in theirfunctions, duties, and powers. Connecticut’s LHD and LHP enabling act, CGS, Sections 7-147a to 7-147y inclusive, is very detailed and specific. It should be used as a guide for preparing the local ordinance. Amendments to the local ordinance may be initiated by a request of the HDC or HPC to the legislative body of the municipality and shall take effect when adopted by the legislative body.
CCT will review and comment upon proposed ordinances as part of its normal review process. By its nature, the ordinance is the local enactment of the state enabling statute. Questions concerning specific interpretation should be referred to the town attorney or corporation counsel, who should review any new or amended ordinance before it is adopted by the town or city.
The municipal ordinance should contain a clause stating that the HDC or HPC is empowered to exercise all the powers, duties, and functions enumerated in CGS, Sections 7-147a to 7-147k inclusive (historic districts), or Sections 7-147p to 7-147y inclusive (historic properties), as amended. This provision will reduce the risk of a legal challenge to a decision by an HDC or HPC on a matter covered in the state statute, but not specifically spelled out in the local ordinance.
Sample ordinances for LHDs and LHPs may be obtained directly from CCT.