Home About MPI Membership Calendar News B&O Station

September 2009 Update on proposed Knapp Amendment

On July 23, Councilman Knapp invited selected individuals to a meeting at the Council Office Building. It was not a PHED Committee meeting, but one that Mr. Knapp billed as "a general discussion" with "representatives from different parts of the county that have different views of the current Historic Preservation process." Atttendees raised many of the same issues and misunderstandings. The session provided an opportunity for an unhappy property owner to vent, for a happy owner to speak, and for some constructive suggestions to be made. All agreed that further education (of the public, property owners, County Council and Planning Board) was needed and that communication should be dramatically improved. Councilman Knapp and HPC Chair David Rotenstein asked MPI to assist the Council and the Historic Preservation Office to improve communication efforts relating to designation. It is clear that misinformation and flawed communication are hampering constructive dialogue among County government, property owners, and the general public. Notification, handouts, mailings, and public meetings are important parts of a fundamental educational effort.

On June 8, the County Council’s Planning, Housing, and Economic Development (PHED) Committee held its first work session on the Knapp Amendment. Preservationists were encouraged by the discussion but the PHED Committee has scheduled no further public meetings on this subject. MPI will continue to monitor committee and Council actions closely and encourages citizens to remind their Councilmembers that Montgomery County’s current preservation program works just fine.

At the hearing on March 31, and in the subsequent public record of letters and emails, individuals, groups, State and County officials, and national and state preservation leaders testified in overwhelming opposition to the Knapp proposal. The count was 440 OPPOSED to the Knapp Amendment, with only 16 IN FAVOR. Opposition came from public officials, preservation organizations at state, national, and county levels, organizations and municipalities from all corners of Montgomery County, and hundreds of County residents, farmers, business owners, and preservation professionals.

On February 24, 2009, Councilmember Michael Knapp introduced an amendment that if enacted will severely weaken the law that for 30 years has protected historic places in Montgomery County. The Knapp Amendment would endanger the future designation of properties to the County's Master Plan for Historic Preservation and also may open the door to legal challenges and other unintended consequences for broader County land use and environmental policies.

Over the summer of 2009, on behalf of MPI Eileen McGuckian reviewed the public hearing record and created a list of suggestions made by individuals and groups testifying at the public hearing or writing in for the public record on the proposed Knapp Amendment, HP09-1. Key suggestions and consensus items include:

• Conduct an open, collaborative, inclusive review of the Historic Preservation ordinance
• Withdraw the Knapp Amendment and continue with current ordinance until consensus is reached
• County Council must make final decision on every recommendation for designation to Master Plan for Historic Preservation
• Any changes to HP ordinance must be consistent with State and Federal law and policy, and with best HP practices
• Improve communication between County offices and owners of historic properties
• No special standards or procedures will be used for owners who decline to consent to historic designation
• Evaluate sites on the Locational Atlas for Master Plan designation as quickly as possible
• HPC will be the authority on significance and responsible for the Locational Atlas
• Streamline the designation process
• Tighten current HP ordinance with grammatical, stylistic, and editorial changes
• Consensus that further study is need for issues such as definitions, additional staff resources, further incentives to preserve historic properties, time limits

On this website are links to further information, to newspaper articles and a Post editorial, to hearing testimony, to submissions by the National Trust for Historic Preservation and other organizations, and to further communications from MPI to the County Council.

For more information on the Knapp amendment and MPI's efforts to defeat it, you may email Eileen McGuckian at phileen3@verizon.net or call 301-468-7331.

March 31, 2009 County Council Hearing on the amendment

Watch the entire council hearing video: http://stream01.montgomerycountymd.gov/playvideogettime.asp?date=03/31/2009&time=7:30%20pm

Below are each of the panels and individual witnesses. By clicking on each name you will open a new window with video of the testimony archived on YouTube.

Read written testimony submitted at the hearing and letters sent to County Council

Video Links:

Media Coverage
Knapp proposes change to historic preservation law (Montgomery Gazette March 4, 2009)
Historic preservation: Who's to decide? (Montgomery Gazette March 11, 2009)
More than 30 speak against proposed changes to historic preservation law (Montgomery Gazette April 1, 2009)
More than 30 speak against proposed changes to historic preservation law (Montgomery Gazette April 8, 2009); UPDATED VERSION
Standing Their Ground: Montgomery Proposal Divides Preservationists, Land Owners (The Washington Post June 5, 2009)
History Lessons: What the Montgomery County Council should consider before it changes the rules for identifying noteworthy sites
(Editorial, The Washington Post June 7, 2009)
Committee aims to change Knapp proposal: Preservationists want county to retain authority in protecting historic structures, sites
(Montgomery Gazette June 10, 2009)

Contact County Council: