In this state legislative session, there are a number of preservation-related bills that we’re keeping our eyes on. (Check out our post about HB 1576/SB 5554, which aims to change the way local landmarks are designated, here.) Now, another proposed bill has surfaced that could impact historic preservation in Washington State.

Senate Bill 5571 purports to regulate the exterior cladding materials permissible on buildings. The bill states that “a city is prohibited from requiring or excluding exterior cladding materials that are in compliance with the state building code.” From the standpoint of new construction, we have no objection to this bill. However, as written, we are concerned that an unintended consequence of this bill would be to override the authority of historic preservation commissions to implement local preservation ordinances for locally listed landmarks.

Currently, owners of local landmarks seeking to make changes/alterations to their buildings may do so provided they follow the Certificate of Appropriateness process. This process basically ensures that proposed alterations are compatible with the historic nature of the building. Historic preservation commissions work with building owners to find design solutions that work for everyone. At times, that can include allowing a change in materials. Our concern is that this bill would undermine this review process, potentially allowing material changes that would adversely impact the historic nature of buildings.

Take Action!

To address this concern, we are asking legislators to consider adding language that would exclude preservation ordinances. For example, where limitations are listed, the bill could read: “The limitation in this section does not apply to homeowners’ associations governed by chapter 64.38 RCW, plat communities governed by chapter 64.90 RCW, or design review requirements established in a local historic preservation ordinance” (emphasis added).

SB 5571 has a hearing in the House Committee on Local Government on Tuesday, March 18, at 10:30 am. We ask advocates to submit written testimony, requesting a “friendly amendment” to the bill, adding the language above.

Provide Written Testimony on SB 5571

From the link above, select the option “I would like to submit written testimony” and follow the prompts from there.

Sample Language

Feel free to use and adapt this sample language in submitting your testimony:

Dear Members of the House Committee on Local Government,

Thank you for consideration of Senate Bill 5571 and efforts to streamline the review process for new housing construction. While I support these efforts, I remain concerned over unintended consequences that could potentially impact locally designated historic landmarks.

Exterior cladding is an important character defining-element of historic buildings. Historic preservation commissions work with building owners to find design solutions that work for everyone. At times, that can include allowing a change in materials, provided such materials remain historically compatible to the building. My concern is this bill will inadvertently prevent historic preservation commissions in working with building owners on the appropriate treatment of historic properties.

I ask you to consider a friendly amendment that would exempt local preservation ordinances from this bill, enabling the continuation of work to preserve important community resources.

Thank you for your consideration.

Everyone is encouraged to personalize the above message and add examples from your own community. Help us ensure that local landmarks continue to be treated in a manner that honors their history!

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