SB 198 — HISTORIC PRESERVATION: Provides relative to historic district commission powers. (8/1/26)

SLS 26RS-409 ENGROSSED Regular Session ENROLLED SENATE BILL NO.

198 BY SENATOR MIZELL HISTORICAN PRESERVATION.ACT To amend and reenact R.S.

Provides relative to historic district commission powers.

(8/1/26) AN ACT To amend and reenact R.S.

to provide relative to bid requirements;requirements;to provide relative to acertificateofappropriatenessfromthehistoric preservation district commission;

to provide relative to acertificateofappropriatenessfromthehistoric preservation district commission;

Any governmental agency of the state or local government, other than the governing body, having a responsibility for any building, structure, area, site, public way and Pagetheir 1adjuncts and appurtenances within the historic preservation site shall seek the advice of 3the Coding:historic district commission prior to the initiation of any substantive change, modification, renovation, restoration or construction a new construction project in the locally designated historic district.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-409 ENGROSSED SB NO.

198 their adjuncts and appurtenances within the historic preservation site shall seek the advice of the historic district commission prior to the initiation of any substantive change, modification, renovation, restoration or construction a new construction project in the locally designated historic district.

ForpurposesofthisSection,anewconstructionprojectshallmeanthecreationPage ofanentirelynewbuildingorstructurethatwillbepermanentlyattachedtothe1 ground.of 2 Coding:

C.Anhistoricpreservationdistrictcommissionisauthorizedtoinstitute civil cause of action, including for injunctive relief, to enforce the provisions of this Section.

The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared bySenate Legislative Services.

The keyword, summary, and digest do not constitute part of the law or proof or indicia of legislative intent.

[R.S.

1:13(B) and 24:177(E)] DIGEST SB 198 Engrossed 2026 Regular Session Mizell Present law (R.S.

25:742) provides that the regulatorypowers conferredbyit on an historic preservation district commission, created under its authority, are to apply to all private property,intheareacontrolledbyit,includingallbuildings,structures,areas,sites,andtheir adjuncts and appurtenances, insofar as they constitute part of the entirety or tout ensemble of the historic section.

Proposed law retains present law but changes its applicability from private property to all property.

Present law provides that any governmental agency of the state or local government, other thanthegoverningbody,havingaresponsibilityforanybuilding,structure,area,site,public wayandtheiradjunctsandappurtenanceswithinthehistoricpreservationsitearetoseekthe advice of the historic district commission prior to the initiation of any substantive change, modification, renovation, restoration or construction.

Proposedlawretainspresentlawandlimits therequirementto seekadvicefromthehistoric district from substantive changes, modifications, renovations, restorations, or construction Page 2 of 3 Coding:

SLS 26RS-409 ENGROSSED SB NO.

198 activityENROLLED toForpurposesofthisSection,anewconstructionprojectshallmeanthecreation onlyofanentirelynewbuildingorstructurethatwillbepermanentlyattachedtothe newground. construction projects in the locally designated historic district.

ProposedC. law provides that, except for state infrastructure projects, a state or local governmental agency shall not commence a new construction project within a locally designated historic district or at a locally designated landmark unless a certificate of appropriatenesshasbeenissuedbythehistoricdistrictcommissionwithjurisdiction,unless such requirement is waived bythe commission.

ProposedA law provides that an historic preservation district commission is authorized to institute a civil cause of action, including for injunctive relief, to enforceenforcethe the provisions of proposedthis law.Section.

EffectivePRESIDENT AugustOF 1,THE 2026.SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

(AmendsPage R.S.2 of 2 Coding:

25:742) Summary of Amendments Adopted by Senate Committee Amendments Proposed by Senate Committee on Education to the original bill 1.

Changes requirement to obtain advice from renovations and restoration to new construction.

2.

Excepts state infrastructure.

3.

Requires that new construction obtain a Certificate of Appropriateness, unless waived by the commission.

4.

Makes technical changes.

Page 3 of 3 Coding: