There is a Commission for Historical and Architectural Preservation, constituted as an independent unit of the Department of Planning. City Code, 1976/83, art. 1, §40(b) 2000, art. 6, §2-1 Ord. 64-229 Ord. 05-123 Ord. 15-408

The Commission for Historical and Architectural Preservation comprises 13 members. 11 members are appointed by the Mayor, in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">City Charter Article IV, § 6</cite>, as follows:1 member to be nominated by the Greater Baltimore Committee; 1 member to be nominated by Baltimore Heritage; 1 member to be nominated by the Board of Directors of Preservation Maryland; 1 member to be nominated by the Board of the Baltimore City Historical Society, Inc.; and 7 members appointed at-large. 1 member is a Councilmember, to be designated by the Council President. 1 member is the Commissioner of Housing and Community Development or the Commissioner’s designee. City Code, 1976/83, art. 1, §40(c), (d)(1st sen.) 2000, art. 6, §2-2(a) - (c) Ord. 64-229 Ord. 67-939 Ord. 68-319 Ord. 93-169 Ord. 05-123 Ord. 06-247 Ord. 15-408

Each member:must be a resident of Baltimore City; and must demonstrate a special interest, knowledge, or training in such fields as history, architecture, preservation, African-American history, or urban design. Of the 11 members appointed by the Mayor under <cite data-path="|6|§2-2|(b)">§ 2-2(b) {“Composition: Appointed members”} of this subtitle</cite>:at least 1 member must be an historian knowledgeable in the architecture, history, and culture of Baltimore City; at least 1 member must be an historian knowledgeable in the African-American history and culture of Baltimore City; at least 2 members must be licensed architects knowledgeable in architectural preservation; at least 1 member must be a licensed real estate broker doing business in Baltimore City; at least 1 member must own and occupy a contributing residence within an Historical and Architectural Preservation District; at least 1 member must own and operate a contributing commercial property within an Historical and Architectural Preservation District; and each of at least 2 different members must demonstrate a special interest, knowledge, or training in 1 of the following fields, not otherwise within the special interest, knowledge, or training of the other member:landscape architecture; archeology; and construction or engineering. City Code, 1976/83, art. 1, §40(c), (d) 2000, art. 6, §2-2(b) - (d) Ord. 64-229 Ord. 67-939 Ord. 68-319 Ord. 93-169 Ord. 05-123 Ord. 15-408

Each of the 11 members appointed under <cite data-path="|6|§2-2|(b)">§ 2-2(b) {“Composition: Appointed members”} of this subtitle</cite> serves for a term concurrent with the Mayor’s term of office and until a successor is appointed and qualifies. The Councilmember designated under <cite data-path="|6|§2-2|(c)|(1)">§ 2-2(c)(1) {“Composition: City representatives”} of this subtitle</cite> serves a term concurrent with that Councilmember’s service on the Council. A member appointed to fill a vacancy in an unexpired term serves for the remainder of that term. A member may not be appointed under § 2-2(b) or (c)(1) of this subtitle to serve more than 2 consecutive terms. Any member who, during any period of 12 consecutive months, fails to attend 6 regularly scheduled monthly meetings of the Commission is considered to have resigned. The Chair of the Commission must forward the member’s name to the member’s appointing authority as soon as practicable following the 6^th unattended meeting. The appointing authority must then appoint a successor for the rest of the term. City Code, 1976/83, art. 1, §40(d), (e) 2000, art. 6, §2-2(e), (f) Ord. 64-229 Ord. 67-939 Ord. 93-169 Ord. 05-123 Ord. 15-408

The Mayor designates one of the Commission members to serve as the Commission’s Chair. The Commission elects one of the Commission members to serve as the Commission’s Vice-Chair. The members of the Commission:serve without compensation; but are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Ordinance of Estimates. City Code, 1976/83, art. 1, §40(f), (h) 2000, art. 6, §2-3(a), (d) Ord. 64-229 Ord. 67-939 Ord. 05-123 Ord. 15-408

The Executive Director for Historical and Architectural Preservation is appointed by the Commission. The appointment must be made from a list of at least 3 qualified candidates provided by the Director of Planning. If the list is not satisfactory to the Commission, the Director of Planning must provide a new list until a satisfactory list of candidates is submitted. The candidates must meet the qualifications specified in a position description developed by the Commission that conforms to the “Professional Qualifications Standards” of the Secretary of the Interior’s “Standards and Guidelines for Archeology and Historic Preservation”. The Executive Director may not also serve as a member of the Commission. The Executive Director:must perform the duties set forth in <cite data-path="|6">this article</cite> and as otherwise required by the Commission; and also serves as Division Chief of the Planning Department’s Historical and Architectural Division. The Director of Planning, with the approval of a majority of the Commission, may suspend or dismiss the Executive Director. City Code, 1976/83, art. 1, §40(f) 2000, art. 6, §2-3(b) Ord. 64-229 Ord. 67-939 Ord. 74-677 Ord. 05-123 Ord. 15-408

The Department of Planning serves as staff to the Commission. Staff serving in the Planning Department’s Historical and Architectural Preservation Division must meet the qualifications of a position description that conforms to the “Professional Qualifications Standards” of the Secretary of the Interior’s “Standards and Guidelines for Archeology and Historic Preservation”. The Commission may employ consultants and other personnel necessary or appropriate for the proper performance of its duties, as provided in the Ordinance of Estimates. City Code, 1976/83, art. 1, §40(g) 2000, art. 6, §2-3(c). Ord. 64-229 Ord. 67-939 Ord. 05-123 Ord. 15-408

7 members constitute a quorum for the transaction of business by the Commission. An affirmative vote of a majority of a quorum is needed for any Commission action. All meetings of the Commission must be conducted in accordance with the State Open Meetings Act, Title 3 of the State <cite data-path="|general">General Provisions Article</cite>. The Commission shall keep records of all its proceedings, showing the vote of each member on each question or, if a member is absent or fails to vote, indicating that fact. The Commission shall keep a record of all resolutions, transactions, findings, determinations, and decisions. All records of the Commission are open to public inspection in accordance with the State Public Information Act, Title 4 of the State <cite data-path="|general">General Provisions Article</cite>. City Code, 1976/83, art. 1, §40(i) 2000, art. 6, §2-4(b), (c) Ord. 64-229 Ord. 67-939 Ord. 15-408

It is the intent of the Mayor and City Council that the annual Ordinance of Estimates appropriate an adequate sum of money that the Commission may expend for or in connection with the purposes contemplated by <cite data-path="|6">this article</cite>. These purposes include:preparing surveys and maintaining an inventory of historically or architecturally noteworthy structures in Baltimore City; recommending the designation of and providing for the perpetual protection of:preservation and conservation districts, as designated under Subtitle 3 {“Designation of Preservation Districts and Conservation Districts”} of <cite data-path="|6">this article</cite>; and individual structures that have special historical or architectural significance, as designated under Subtitle 4 {“Designation of Landmarks”} of <cite data-path="|6">this article</cite>; recommending the designation of and providing for the temporary protection of individual structures that have historical or architectural significance, as designated under Subtitle 5 {“Designation of Potential Landmarks”} of <cite data-path="|6">this article</cite>; reviewing and determining the appropriateness of proposed alterations to or affecting protected properties, as provided in Subtitle 8 {“Alterations, etc., to or Affecting Properties”} of <cite data-path="|6">this article</cite>; acquiring, restoring, and possible reselling of properties that have historical or architectural significance; implementing the incentive improvement program authorized by <cite data-path="|6|§2-10">§ 2-10 {“Incentive improvement program”} of this subtitle</cite>; and general administration and enforcement of the provisions of <cite data-path="|6">this article</cite> and of any other duties imposed on the Commission by law. The Commission may, on behalf of the Mayor and City Council of Baltimore and with the prior approval of the Board of Estimates, contract with or accept any grant, loan, or aid of any kind from any federal, state, or private source, to be expended for the purposes contemplated by <cite data-path="|6">this article</cite>, including the purposes listed in subsection (a)(2) of this section. If permitted by <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite>, sums received from the resale of properties acquired and restored by or on behalf of the Commission may be retained by the Commission for the acquisition and restoration of additional properties. City Code, 1976/83, art. 1, §40(s), (t) 2000, art. 6, §2-5 Ord. 67-939 Ord. 76-022 Ord. 07-550 Ord. 15-408

There is an incentive improvement program, as provided in this section. Subject to appropriations by the Ordinance of Estimates, the Commission for Historical and Architectural Preservation may contract with the owner or lessee of a structure that is located within a Historical and Architectural Preservation District or a Historical Conservation District or included on the Landmark List to reimburse that owner or lessee of up to 20% of the cost incurred by her or him in the reconstruction, alteration, removal, repair, or painting of an architectural feature in a manner that furthers the purposes of <cite data-path="|6">this article</cite>. In no event may the Commission authorize any reimbursement under the program until all of the work to be done and the estimated cost of that work has been approved by the Commission. In all cases, the Commission retains full discretion to determine the scope, nature, and cost of all work subject to reimbursement under the program. City Code, 1976/83, art. 1, §40(t) 2000, art. 6, §2-5 Ord. 67-939 Ord. 76-022 Ord. 07-550 Ord. 15-408

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Commission for Historical and Architectural Preservation must adopt, after notice and a public hearing, rules and regulations to carry out the provisions of <cite data-path="|6">this article</cite>. City Code, 1976/83, art. 1, §40(i)(1st sen.) 2000, art. 6, §2-4(a) Ord. 64-229 Ord. 67-939 Ord. 15-408 Text Conformed 02/15/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.