What is a Certificate of Appropriateness and How to Get One?

As previously noted, through the Certificate of Appropriateness process the HDC reviews and regulates proposed exterior work that is visible from a public street, place, or way in a Local Historic District (LHD) or Local Historic Property (LHP). The Building Department will require a Certificate of Appropriateness approved by the HDC before issuing a building permit for any construction activity in any of the town’s Local Historic Districts or Local Historic Properties unless the HDC certifies in writing that a proposed construction activity is not regulated by the HDC. However, for activities that are regulated by the HDC, a Certificate of Appropriateness is required whether or not a building or zoning permit is also required. Click here for a list of activities typically regulated or not regulated by the HDC. When in doubt as to the necessity for a Certificate of Appropriateness, questions should be directed to the HDC Staff Administrator. An application for a Certificate of Appropriateness can be found here.

For purposes of a Certificate of Appropriateness, “appropriate” is defined by State law as “not incongruous with those aspects of the historic district which the HDC determines to be historically or architecturally significant” (C.G.S. §7-147a). If the HDC determines that a proposed project is “not incongruous,” i.e. is “appropriate,” then a Certificate of Appropriateness will be granted.

To help homeowners understand how the HDC makes its determinations as to "appropriateness", the Westport HDC has adopted 10 Basic Design Objectives which set forth broad principles of historic preservation.  In addition, to help apply these broad design objectives to common types of projects, the HDC has adopted specific Design Guidelines.  The Design Objectives and Design Guidelines can be found here.  These Design Objectives and Design Guidelines have been adopted by the HDC because of their applicability to the types of historic resources typically found in Westport, and they are based on the professional standards for historic preservation set forth by the United States Secretary of the Interior. The Westport HDC also offers optional Pre-Application Meetings which are informal sessions held by the HDC with an applicant prior to submission of a formal application in order to engage in dialogue and to gauge the HDC’s stance on appropriateness. More information on Pre-Application Meetings can be found here.

The HDC will approve all proposed work that is not visible from a public street, place, or way (usually shortened to “public way”) in the absence of plantings. However, an application for a Certificate of Appropriateness is required for all proposed work because it is the HDC that must make the determination as to whether such work is visible or not from a public way. It is the HDC policy that any
of the following, individually and not necessarily in combination, constitute a public way for the purposes of regulating Local Historic Districts and Properties:

● Federal, state, or town owned highway, roadway, pedestrian way, trail, railway, bikeway, or waterway
● Any way that is maintained by any federal, state or town governmental entity
● Private ways where public access is invited, as for instance commercial, business, industrial or multifamily parking lots
● Private roadways within and/or along any designated Local Historic District or Property
● Private roadways and rights of way that have been commonly used by the public without owner’s objection.

An application for a Certificate of Appropriateness, with supporting submission materials, is deemed officially received upon receipt by the office of the HDC. The HDC shall schedule a public hearing and render a decision as to appropriateness no later than 65 days after such official receipt. A Certificate of Appropriateness is valid for 5 years, although an applicant may apply for an extension before the expiration of the original Certificate of Appropriateness. Any change in detail or scope of work from that authorized by the Certificate of Appropriateness requires approval of a new Certificate of Appropriateness. Any work stipulated as a condition of a Certificate of Appropriateness must be completed in conjunction with other work, and all work completed under a Certificate of Appropriateness shall be inspected by a designated representative or representatives of the HDC.

Failure to comply with HDC regulations may make a property owner and other parties liable for both fines and related legal expenses. Unauthorized and inappropriate construction work can result in a Stop-Work Order, a Notice of Violation, and a court injunction requiring the removal or rectification of the same as approved by the HDC.

If a Certificate of Appropriateness is denied, the HDC must state in writing its basis for concluding that the proposed activity would not be appropriate, and the HDC may make further recommendations to the applicant (C.G.S. §7-147e). Any party aggrieved by any decision of the HDC may appeal to the Superior Court within 15 days of an adverse decision as set forth in C.G.S. §7-147i for Local Historic Districts and C.G.S. §7-147x for Local Historic Properties.

HDC authority to establish and regulate Local Historic Districts and Properties under State and Town of Westport law can be found here.