How do Historic District Act matters come to MAHS?
This Act permits a city, county, village, or township to designate Historic Districts and appoint Historic District Commissions (HDC). Building owners of structures existing in a Historic District must request permission from the HDC to modify the exterior of structures within the Historic District. HDC denials may be appealed to the State Historic Preservation Review Board (Board).
What types of Historic District hearings does MAHS hold?
MAHS ALJs hold hearings - and prehearing conferences, as needed - to address the appeals from the HDC decisions. The Appellant (permit applicant) has the burden of proof to support reversal of the HDC’s decision denying permission to modify a HC structure. All parties may be represented by an Attorney or representative. Settlement is encouraged during this process.
What authority does MAHS have in this process?
Within 30 days after close of the record, the ALJ issues a Proposal for Decision (PFD) for review by the Board. The Board may affirm, modify, or set aside the ALJ PFD: they may also order the HDC to issue a certificate of appropriateness or a notice to proceed. Board decisions may be appealed to the Circuit Court. The parties have 60 days to file an appeal to the Circuit Court based on the hearing record (MCL 24.304).