In the wake of two floods that have devastated the Ellicott City Historic District, Howard County Executive Alan Kittleman has submitted a $50 million flood prevention plan.[1]Under the proposed plan, Howard County will acquire five percent of the historic district to construct a channel in order to prevent future flooding.[2]While government officials are content with the demolishing of several Pre-Civil War structures in the process, preservationist groups have provided alternatives such as “wetproofing” in order to preserve the city’s historically rich environment.[3]The ensuing battle over the fate of the Ellicott City Historic District renders the question of whether extensive litigation is on the horizon to preserve the district.
Authorized by the National Historic Preservation Act of 1966, the National Park Service’s National Register of Historic Places is part of a national program that seeks to preserve and protect the country’s historic sites.[4]In order for a property to be listed, the owner of the property must file an application with their State Historic Preservation Office, which in Maryland is the Maryland Historical Trust.[5]If the Maryland Historical Trust accepts the property as being historic, the office may list the property solely with the state or forward the property owner’s application to the National Register of Historic Places for review and acceptance.[6]The benefits of listing include consideration in federally assisted projects, eligibility for certain tax provisions, and consideration for federal grants.[7]
The Ellicott City Historic District was listed on the National Register of Historic Places in 1978, and Howard County’s current plan to demolish up to nineteen buildings in the historic district may result in the de-listing of the Pre-Civil War town as a whole.[8]While listed sites are not inherently protected from demolition or modification, if property owners use federal funds to change a site, as Howard County’s plan does, the Maryland Historical Trust must first be consulted to determine the affect on the site’s historical nature.[9]The National Register has the ability to remove the district from its listing if Howard County’s plan compromises the historical character that made the district eligible for the list.[10]
While the fate of the Ellicott City Historic District is still undetermined, the Maryland Historical Trust may be the only institution outside of the court system to delay, or prevent, the destructive modification of this historic site. If the Maryland Historical Trust approves the proposed plan, the only option that may be left to preserve the district’s history is preservationist societies such as Preservation Maryland challenging Howard County in court.
Ryan Parry is a third-year day student at the University of Baltimore and will graduate in May of 2019. He serves as an Associate Editor of the UB Law Forum. His legal interests include criminal and family law. You can view his LinkedIn here, www.linkedin.com/in/w-ryan-parry-050887132
[1]Sarah Meehan, Ambitious Ellicott City flood prevention plan would tear down 19 buildings in historic downtown, The Baltimore Sun, (Aug. 23, 2018), http://www.baltimoresun.com/news/maryland/howard/ph-ho-cf-flood-conference-0823-story.html.
[3]See Preservation Maryland, A Place for the Past: Preserving Ellicott City’s Heritage and Securing Its Future, (Aug. 2018), http://www.preservationmaryland.org/wp-content/uploads/2018/08/preservation-maryland-ellicott-city-special-report-august-2018.pdf.
[4]National Park Service, National Register of Historic Places Program: Frequently Asked Questions, https://www.nps.gov/nr/faq.htm#howold (last visited Sept. 8, 2018).
[8]Sarah Meehan,Plan to tear down Ellicott City buildings raises preservation concerns, The Washington Post, (Aug. 27, 2018), https://www.washingtonpost.com/local/plan-to-tear-down-ellicott-city-buildings-raises-preservation-concerns/2018/08/27/fe0b677a-a7dc-11e8-97ce-cc9042272f07_story.html?noredirect=on&utm_term=.d614561e312b.
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