Breadcrumb

Preservation Laws

The National Historic Preservation Act is federal legislation intended to preserve historical and archaeological sites in the United States of America. Among many other things, the act created the National Register of Historic Places, the list of National Historic Landmarks, and the State Historic Preservation Offices.
Public Law: No. 89-665, as amended by Public Law No. 96-515
Administrative Rules: 36 CFR Part 800 - Protection of Historic Properties

The Federal Historic Preservation Laws, Regulations, and Orders webpage of the National Park Service's website provides summaries of and links to federal laws and regulations, Presidential executive orders, and orders issued by the Director of the National Park Service that guide historic preservation in America.

The Advisory Council on Historic Preservation is an independent federal agency that promotes the preservation, enhancement, and productive use of our nation's historic resources and advises the President and Congress on national historic-preservation policy.

Several state laws guide the work of the Illinois State Historic Preservation Office.

The Illinois State Agency Historic Resources Preservation Act (aka "Section 707") requires state agencies to follow preservation protocols for projects receiving state actions (such as funding, permits, licenses, or approvals). The procedures parallel federal law under Section 106 of the National Historic Preservation Act.
Statute: 20 ILCS 3420
Administrative Rules: Title 17 of the Illinois Administrative Code, Chapter IV, Section 4180

The Archaeological and Paleontological Resources Protection Act protects archaeological resources on public lands in Illinois.
Statute: 20 ILCS 3435
Administrative Rules: Title 17 of the Illinois Administrative Code, Chapter IV, Section 4190

The Human Skeletal Remains Protection Act protects human burials and burial markers that are more than 100 years old and are not included in any registered cemeteries.
Statute: 20 ILCS 3440
Administrative Rules: Title 17 of the Illinois Administrative Code, Chapter IV, Section 4170

The Historic Residence Assessment Freeze Law establishes the state property tax assessment freeze for residential, owner-occupied properties that meet preservation and expenditure requirements.
Statute: 35 ILCS 200/10-40
Administrative Rules: Title 17 of the Illinois Administrative Code, Chapter IV, Section 4150

The River Edge Historic Tax Credit Program establishes the 25% state rehabilitation income-tax credit for rehabilitating historic, income-producing properties in River Edge Redevelopment Zones.
Statute: 35 ILCS 5/221
Administrative Rules: Not yet established

The Illinois Historic Preservation Tax Credit Program establishes the 25% state rehabilitation income-tax credit for rehabilitating historic, income-producing properties.
Statute: 35 ILCS 5/228 and 35 ILCS 31/1 et. seq.
Administrative Rules: Not yet established

The Illinois Historic Sites Advisory Council Act establishes the Illinois Historic Sites Advisory Council, which reviews nominations to the National Register of Historic Places.
Statute: 20 ILCS 3410
Administrative Rules: This statute does not have rules

The Illinois County Historic Preservation Law (55 ILCS 5/5-30) establishes historic-preservation protocols for county boards.

The Preservation of Historical and Other Special Areas (65 ILCS 5/11-48.2) is the section of the Illinois Municipal Code that enables municipalities to establish preservation laws.

The County Historical Research Act (55 ILCS 95) allows county boards to encourage and promote historical research by making reasonable appropriations to produce publications of historical interest.

The Local Historian Act (50 ILCS 130) allows each county, municipality and township to appoint a local historian for the purpose of preparing and publishing local histories, preserving and protecting local historic records, artifacts, and edifices, and documenting local current events.