HP Law Online

© 2013 Emily Bergeron
Historic Preservation Law
Spring 2016

Instructor: Emily Bergeron (emilybergeron@mac.com)

Scheduled Meeting Time: Monday 9:00 am

Course Description
Although studying the law can be challenging, there is a sense of accomplishment in putting together the pieces of a legal puzzle, even if it requires some effort. More importantly, knowing that you can competently participate in legal discussions at your job is very satisfying. If your chosen profession has anything to do with historic preservation it is inevitable that you will be faced with matters of law as saving buildings, landscapes, and culturally significant objects is a highly regulated and specialized undertaking. Preservation law encompasses a number practice areas including, but not limited to land use and zoning, real property, local government, constitutional, administrative, and environmental law as well as the conservation of archaeological resources. The goal of this course is to assist non-lawyers in understanding laws, policies, and procedures and how they impact your professional practice as preservationists, planners, archaeologists, and other conservation-related fields. This will not only enhance your ability to serve as an advocate for preservation projects but will also enable you to identify potential legal issues before they become problems requiring crisis management. This basic understanding of the subject matter will also facilitate interactions with government agencies and attorneys by providing a background and basic vocabulary to enable you to ask the right questions.


You are encouraged to be in regular contact with the instructor. You may contact me via email at emilybergeron@mac.com. I will respond via email within 24 hours with an answer to your question or to schedule a time that works for you to talk on the phone or by video conference. Please include “HP Law” in the Subject line of your emails. While there will not be scheduled office hours, I welcome your feedback and am happy to discuss your questions or concerns.

Course Procedures

Some course materials will be available on the course website. Other information, such as your weekly assignment will be emailed to you directly. There will also be a class meeting time where we will have discussions and lectures. You will be able to “attend” this weekly discussion session from any location using the GoToMeeting online conferencing program (please see Technical Requirements below). During this time we will discuss your weekly assignments, I will give a lecture, and I will answer any questions you might have about the materials.

I will provide you with all readings and discussion handouts will be made available online. Additional suggested readings can be provided for those students needing clarification of or additional information about any topics covered in the class.

There is a course website that provides links to relevant documents, other important websites, and further explanation of concepts discussed in class as well as preservation news stories, and links to upcoming events.

We will go through eight (8) course modules: the National Historic Preservation Act, environmental laws, local ordinances, archaeology and the law, Indian issues, constitutional issues, easements and other private protections, and international issues. Each module is designed to familiarize you with the basic principles and applications of the laws that implicate historic preservation issues.

Course Requirements

90%  Assignments
10%  Final Exam

Assignments (90% of grade): Throughout the semester, you must submit responses to nine (9) homework assignments. Assignments will be distributed at the end of class to be completed and emailed to the instructor for review by the following Sunday by noon. These assignments will be discussed by the class that Monday. Assignments should be around 350 words in length (though students are welcome to write more than that if they want). Additionally, you should be prepared to discuss your assignment at the beginning of each class. You must meet all of the requirements for the assignment (due date, length requirement, assignment requirement, and discussion) to receive credit. You may receive up to ten (10) points for each assignment. Each assignment will receive a point total and written comments.

Exam (10% of grade):The final exam will be distributed 2 weeks prior to the last day of class. A copy will be made available on the course website and by email. This exam will be cumulative. It will be due on the University scheduled date for the final exam. Electronic submissions of exams must be in pdf format, and must be submitted via email no later than the end time of the scheduled exam. After this time, all submissions will be considered late. Late papers will be penalized one letter grade for each day beyond the due date. Papers may always be submitted early. 

Grading This course will work on a 100 point system. You are responsible for the completion of nine (9) homework assignments worth ten (10) points each. Additionally. you will complete one (1) exam worth ten (10) points.

Your exam will receive a point total, a numerical grade, and written comments. If you have additional questions or concerns regarding your grade or any answers on the exam, please don’t hesitate to contact the me. Unless previous arrangements have been made with the instructor, late assignments will not be accepted. Late exams will be penalized one letter grade per day. All grades and scores will consider the completion of the assignment objectives and requirements.

Grades shall be understood to translate as follows:
• A (100 – 90%)
• B (89.9 – 80%)
• C (79.9 – 70%)
• F (69.9% and below)

Letter grades shall be understood to represent:
A – Assigned to work completed substantially above the final expectation for the studio level. Work represents exceptional integration of design issues in relation to the design problem. Work relies upon both consideration of relevant analysis and original design ideas to jointly support design decisions. (U.S.R. 5.1.1: “Represents an exceptionally high achievement as a result of aptitude, effort and intellectual initiative.”)

B – Assigned to work completed above the final expectation for the studio level. Work demonstrates strong integration of design issues in relation to the design problem. Work shows consideration of relevant analysis to support design decisions. (U.S.R. 5.1.1: “Represents a high achievement as a result of ability and effort.”)

C – Assigned to work completed at the below average expectation for the studio level. Work represents minimal integration of design issues. Work does not exhibit significant or strong solutions to design criteria or analysis. (U.S.R. 5.1.1: “Represents unsatisfactory achievement for graduate students and is the minimum passing grade for which credit is given.”)

I – U.S.R. “A grade of I (Incomplete) may be assigned to a graduate student if a part of the work of a course remains undone and there is a reasonable possibility that a passing grade will result from completion of the work. All incompletes must be replaced by a regular final letter grade within 12 months of the end of the academic term in which the I grade was awarded.”

Technical Requirements

The purpose of the course website is to provide you with class readings, discussion points, film clips, short pre-recorded lectures and additional references that will help give some context for the material in the lectures. Class presentations, including class notes and slide presentations will be posted weekly. You will also be able to post comments and questions related to class materials as well as homework assignments.  We will be using the GoToMeeting video conferencing program, but you will not need to subscribe to any service as an “invitation” to each weekly meeting will be sent out prior to class.
You will need the ability to do the following:
• Watch short lectures on the class website;
• Download readings and course slides;
• Participate in a weekly online video conferencing session; and
• Email documents to the instructor.
We will be using the GoToMeeting online conferencing program. You will not need to register for or purchase any subscription for this service. You will simply receive an email invitation to the class discussion, you will be instructed on how to download the required software, and then you will be able to participate in the video session. For this you will need a webcam. If problems arise with the class website or links to class readings please contact me immediately via email at emilybergeron@mac.com and I will repair any problems and will contact the class to inform them of the repair.

The University of Kentucky Distance Learning Technical requirements can be found at:

For technical difficulties not associated with the website, class readings, or video conferencing program, please contact the University of Kentucky’s Information Technology Customer Service Center:

Contact information for Distance Learning programs (http://www.uky.edu/DistanceLearning) tel. (859) 257-3377.

Information on Distance Learning Library Services (http://www.uky.edu/Libraries/DLLS)
•Carla Cantagallo, DL Librarian
•Local phone number: 859 257-0500, ext. 2171; long-distance phone number: (800) 828-0439 (option #6)
•Email: dllservice@email.uky.edu
•DL Interlibrary Loan Service: http://www.uky.edu/Libraries/libpage.php?lweb_id=253&llib_id=16


As the course develops, I may make changes in the readings, assignments, and/or scheduling. If there are issues, ideas or readings you want to include in this course, please let me know. This is your course, and we will make time for any new ideas if possible. You should be willing to devote some time to finding material and leading discussion on those new ideas.

Academic Integrity

All students are expected to comply with the University Code on Academic Integrity (http://www.uky.edu/Ombud/ForStudents_AcademicIntegrity.php). Students are encouraged to talk with each other about class content, including the content of the readings; however, any work submitted by a student in this course must be the student's own work. 


For Students With Disabilities If you have a documented disability that requires academic accommodations in this course, please make your request to the University Disability Resource Center. The Center will require current disability documentation. When accommodations are approved, the Center will provide me with a Letter of Accommodation which details the recommended accommodations. Contact the Disability Resource Center, Jake Karnes, Director, at 859.257.2754 or jkarnes@email.uky.edu.

Course Schedule

Class 1: Introduction to HP Law

Class 2: Evolution of Historic Preservation Law

Class 3 and 4: NHPA

Class 5-6: Environmental and Transportation Laws

Class 7: State Laws and Local Ordinances

Spring Break

Class 8: Archaeology Law

Class 9: American Indian Issues

Class 10: Takings Challenges

Class 11: Religious Challenges

Class 12: Sacred Sites

Class 13: Easements and Open Space Preservation and Course Wrap-up