(a) As used in this part: “Altered” means changed, modified, rebuilt, removed, demolished, restored, razed, moved or reconstructed; “erected” means constructed, built, installed or enlarged; “exterior architectural features” means such portion of the exterior of a structure or building as is open to view from a public street, way or place; “building” means a combination of materials forming a shelter for persons, animals or property; “structure” means any combination of materials, other than a building, which is affixed to the land, and shall include, but not be limited to, signs, fences and walls; “municipality” means any town, city, borough, consolidated town and city or consolidated town and borough; “appropriate” means not incongruous with those aspects of the historic district which the historic district commission determines to be historically or architecturally significant.
(b) Any municipality may, by vote of its legislative body and in conformance with the standards and criteria formulated by the Department of Economic and Community Development, establish within its confines an historic district or districts to promote the educational, cultural, economic and general welfare of the public through the preservation and protection of the distinctive characteristics of buildings and places associated with the history of or indicative of a period or style of architecture of the municipality, of the state or of the nation.
(c) The legislative body of any municipality may make appropriations for the purpose of carrying out the provisions of this part.
(1961, P.A. 430, S. 1; February, 1965, P.A. 221, S. 2; P.A. 80-314, S. 1; P.A. 86-105, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 210(e); P.A. 04-20, S. 3; 04-205, S. 5; May Sp. Sess. P.A. 04-2, S. 30; P.A. 11-48, S. 142.)
History: 1965 act added provision requiring district to conform to standards and criteria of historical commission; P.A. 80-314 added Subsec. (a) containing definitions and divided earlier provisions into Subsecs. (b) and (c); P.A. 86-105 added definition of “appropriate” in Subsec. (a); June 30 Sp. Sess. P.A. 03-6 and P.A. 04-20 replaced the Connecticut Historical Commission with the Connecticut Commission on Arts, Tourism, Culture, History and Film, effective August 20, 2003; P.A. 04-205, effective June 3, 2004, and May Sp. Sess. P.A. 04-2, effective May 12, 2004, both replaced Connecticut Commission on Arts, Tourism, Culture, History and Film with Connecticut Commission on Culture and Tourism; P.A. 11-48 amended Subsec. (b) to replace “Connecticut Commission on Culture and Tourism” with “Department of Economic and Community Development”, effective July 1, 2011.
Cited. 153 C. 160; 171 C. 199; 189 C. 727; 196 C. 596.
Subsec. (a):
Includes objects embedded in the earth, such as posts, stakes and foundations connected to objects rising above the surface and very heavy objects “affixed” to the ground by gravity, but not isolated objects that rest lightly on the surface of the ground that can easily be moved. 282 C. 672.
Notes of Decisions
Historic Dist. Comm'n v. Hall, 923 A.2d 726 (Conn. 2007).
· cites it 21× “In this action, in which the plaintiff, the historic district commission of the town of Fairfield (commission), seeks a declaratory judgment and injunctive relief, the issue before the court is whether a sculpture placed on the front lawn of the defendants’ property in the…”
Gibbons v. Historic Dist. Comm'n, 941 A.2d 917 (Conn. 2008).
· cites it 15× “See General Statutes § 7-147a et seq. The application proposed lifting the outbuilding and attaching it to the main house.”
Gentry v. City of Norwalk, 494 A.2d 1206 (Conn. 1985).
· cites it 6× “In considering the nature of a condominium unit owner’s interests as it relates to a vote on the establishment of an historic district in which the condominium is located, we keep in mind that, although both relevant statutes are relatively recent in our jurisprudence, each one…”
Van Deusen v. Town of Watertown, 771 A.2d 176 (Conn. App. Ct. 2001).
· cites it 17× “On appeal, the dispositive issue is whether § 309 of the charter of the town of Watertown 1 applies to the adoption of an ordinance *300 establishing an historic district pursuant to General Statutes § 7-147a et seq. 2 We conclude that § 309 of the charter is not applicable and,…”
Mayer v. Historic Dist. Comm'n of Groton, 160 A.3d 333 (Conn. 2017).
· cites it 2× “8 Finally, we acknowledge the plaintiffs' reliance on the policy underlying statutory aggrievement, as expressed in the legislative history of § 8-8(a)(1), namely, to eliminate the often formulaic litigation of the aggrievement issue by immediate neighbors to project proposals.”
Felician Sisters of St. Francis of Connecticut, Inc. v. Historic Dist. Comm'n, 937 A.2d 39 (Conn. 2008).
· cites it 2× “4 According to the Enfield historic district ordinance, the historic district was established in 1972 pursuant to General Statutes § 7-147a et seq., to “promote the educational, cultural, economic and general welfare of the Town of Enfield through the preservation and protection…”
Smith v. Zoning Bd. of Appeals of the Town of Greenwich, 629 A.2d 1089 (Conn. 1993).
· cites it 2× “” Furthermore, the town’s subdivision regulations are consistent with public policy favoring historic preservation *79 that is contained in General Statutes § 7-147a et seq. and § 6-307 of the Greenwich Land Use Regulations.”
Historic Dist. Comm'n v. Sciame, 58 A.3d 354 (Conn. App. Ct. 2013).
· cites it 5× “4 The first count of the counterclaim alleged that the commission had acted beyond its powers under General Statutes § 7-147a et seq. and under its own regulations.”
Figarsky v. Historic Dist. Comm'n, 368 A.2d 163 (Conn. 1976).
“The undisputed facts of the case are as follows: The Norwich historic district, established by the city of Norwich in 1967, pursuant to §§ 7-147a through 7-147m of the General Statutes, consists of the Norwichtown green, which dates back to colonial days, and about one hundred…”
Chabad Lubavitch of Litchfield Cnty., Inc. v. Borough of Litchfield, 853 F. Supp. 2d 214 (D. Conn. 2012).
· cites it 2× “In 1989, pursuant to the provisions of Chapter 97a of the Connecticut General Statutes §§ 7-147a et seq., the Borough established the Historic District Commission (hereafter “HDC”) to govern aspects of the construction and modification of buildings within the Litchfield Historic…”
First Church of Christ v. Historic Dist. Comm'n, 738 A.2d 224 (Conn. Super. Ct. 1998).
· cites it 3× “To support its selective enforcement argument, the plaintiff contends that the commission allows a modem art museum in the historical district to erect semipermanent sculptures that came within the meaning of General Statutes § 7-147a (a). The plaintiff, however, cites no…”
— Conn. Gen. Stat. § 7-147a(b) — 1 case
Mayer v. Historic Dist. Comm'n of Groton, 160 A.3d 333 (Conn. 2017).
“8 Finally, we acknowledge the plaintiffs' reliance on the policy underlying statutory aggrievement, as expressed in the legislative history of § 8-8(a)(1), namely, to eliminate the often formulaic litigation of the aggrievement issue by immediate neighbors to project proposals.”
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