DISTRICTS/HISTORIC: Provides relative to historic preservation districts and landmarks commissions in the city of New Orleans

HLS 26RS-1005 ENGROSSED
2026 Regular Session
HOUSE BILL NO. 368
BY REPRESENTATIVE FREEMAN
DISTRICTS/HISTORIC: Provides relative to historic preservation districts and landmarks
commissions in the city of New Orleans
1 AN ACT
2 To amend and reenact R.S. 25:762.1, relative to the city of New Orleans; to provide relative
3 to historic preservation districts and landmarks commissions; to provide relative to
4 regulations established by such districts and commissions; to provide relative to the
5 violation of such regulations; to provide relative to penalties imposed for certain
6 violations; to increase the maximum penalties authorized to be levied for such
7 violations; and to provide for related matters.
8 Notice of intention to introduce this Act has been published
9 as provided by Article III, Section 13 of the Constitution of
10 Louisiana.
11 Be it enacted by the Legislature of Louisiana:
12 Section 1. R.S. 25:762.1 is hereby amended and reenacted to read as follows:
13 §762.1. Commission enforcement powers; city of New Orleans
14 Notwithstanding any other provision of law to the contrary, in the city of
15 New Orleans, any owner, agent, lessee, or other person acting for or in conjunction
16 with him who demolishes a structure or edifice located in the city of New Orleans
17 without having received an appropriate certificate of appropriateness may be fined
18 a single fine of not more than the greater of twenty-five fifty thousand dollars or
19 fifteen percent of the assessed value of the structure or edifice in accordance with the
20 assessed value immediately preceding the demolition as provided for in the tax rolls
21 of the city.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-1005 ENGROSSED
HB NO. 368
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, 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)]
HB 368 Engrossed 2026 Regular Session Freeman
Abstract: Relative to historic preservation districts and landmarks commissions in the city
of New Orleans, increases the maximum fine that may be imposed for the violation
of certain regulations.
Present law (Part I of Chapter 16 of Title 25) provides generally that the governing authority
of any municipality, lake commission, parish council, or similar governmental unit may
establish within its borders a historic preservation district commission to promote the
educational, cultural, economic, and general welfare of the public.
Present law (Part II of Chapter 16 of Title 25) provides that the governing authority of the
city of New Orleans and the parishes of Franklin, Tensas, LaSalle, Catahoula, Concordia,
and Caldwell may establish within their borders a historic preservation district and/or
landmark commission to promote the educational, cultural, economic, and general welfare
of the public.
Present law (Parts I and II of Chapter 16 of Title 25), relative to such historic preservation
districts and landmarks commissions, provides procedures for establishing such districts and
commissions, after study, hearings, and other procedural requirements. Provides for such
commissions and districts to regulate the exterior architectural features of structures and
provides for application for and approval or denial of certificates of appropriateness to erect,
alter, or demolish structures. Prohibits issuance of building permits without a certificate of
appropriateness. Provides for exceptions.
Present law (Parts I and II of Chapter 16 of Title 25) grants commissions the power to
institute a suit in any court of competent jurisdiction to prevent any unlawful action in
violation of the provisions of present law or of any of the rules and regulations adopted by
the commissions. Requires that any owner, agent, lessee, or other person acting for or in
conjunction with him, who violates the regulations of a commission, be fined not less than
$50 and not more than $100 for each violation. Provides generally that each day that a
violation continues constitutes a separate offense.
Present law (Part I of Chapter 16 of Title 25) provides that any owner, agent, lessee, or other
person acting for or in conjunction with him who demolishes a structure or edifice without
a certificate of appropriateness, may be fined a single fine of not less than $1,000 and not
more than $10,000.
Present law (Part II of Chapter 16 of Title 25) provides an additional provision applicable
to the city of New Orleans. Provides that any owner, agent, lessee, or other person acting
for or in conjunction with him who demolishes a structure or edifice without a certificate of
appropriateness may be fined a single fine of not more than the greater of $25,000 or 15%
of the assessed value of the structure or edifice.
Proposed law increases the maximum fine authorized to be levied from $25,000 to $50,000.
(Amends R.S. 25:762.1)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.