§742. Applicability of historic district commission powers

            A. It is the intent and purpose of this Chapter that the regulatory powers conferred by it on an historic preservation district commission, created under its authority, shall apply to all property, in the area controlled by it, including all buildings, structures, areas, sites, and their adjuncts and appurtenances, insofar as they constitute part of the entirety or tout ensemble of the historic section. 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 their adjuncts and appurtenances within the historic preservation site shall seek the advice of the historic district commission prior to the initiation of a new construction project in the locally designated historic district.

            B. 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 appropriateness has been issued by the historic preservation district commission with jurisdiction over the locally designated historic district or locally designated landmark, unless the commission waives this requirement. For purposes of this Section, a new construction project shall mean the creation of an entirely new building or structure that will be permanently attached to the ground.

            C. A historic preservation district commission is authorized to institute a civil cause of action, including for injunctive relief, to enforce the provisions of this Section.

            Acts 1970, No. 147, §12. Amended by Acts 1975, No. 804, §12; Acts 2026, No. 593, §1.