State preservation laws address private actions affecting historic resources. This is done primarily through laws that enable local governments to pass ordinances for the protection and preservation of historic sites.

Wisconsin Act 395

In Wisconsin, the primary historic preservation legislation is Wisconsin Act 395. Adopted in 1987, this legislation expresses the state's approach and commitment to historic preservation. It states:

The historical and cultural foundations of this state should be preserved as a living part of its community life and development... Increased knowledge of historic resources, the establishment of better means of identifying and administering them and the encouragement of their preservation will improve the planning of governmentally assisted projects and will assist economic growth and development.

This act created the Wisconsin State Register of Historic Places, which, like the National Register of Historic Places, lists "districts, sites, buildings, structures, and objects which are significant in national, state, or local history, architecture, archaeology, engineering and culture." Criteria for the State Register are also similar to those of the National Register. The Wisconsin Act 395 also contains provisions for reviewing the state's long-range building plans with respect to historic properties under the state's control. The act also initiated a state tax credit program for the rehabilitation of historic structures.

Wisconsin Building Code

The State of Wisconsin has adopted the International Building Code (IBC) as the state building code. For more information about the International Building Code and how historic buildings can qualify under the International Existing Building Code to maintain the historic features of a building, please see our article, Building Codes and Your Historic Rehabilitation Project. 

Wisconsin Statute 62.23

To ensure that historic preservation becomes part of the local government planning process, the Wisconsin legislature enacted Wisconsin Statute 62.23 in 1993. This law mandates that cities with properties listed on the National or State Registers of Historic Places adopt a Historic Preservation Ordinance. In order for a local ordinance to be certified it must:

• Contain criteria for the designation of historic structures and districts on a local historic register similar to the criteria for inclusion in the National Register of Historic Places;
• Provide procedures for designation of historic structures or districts including a nomination process, public notice, and opportunities for written and oral public comment;
• Provide for the exercise of control by the city, to achieve the purpose of preserving and rehabilitating historic structures and districts; and
• Create a historic preservation commission.

• National Preservation Laws and Statutes
• State Historic Preservation Offices