1. Building Encroachments Policy and Process
April 27, 2017

2. Policy Review
The City currently enters into servitude agreements with property owners whose properties encroach on the public right-of-way.
Because the Louisiana Constitution prohibits the donation of public property, the City charges far market value (FMV) for this use of City property.

3. Policy Review
On March 17th, the administration began the process to reevaluate the way it addresses historic encroachments on the public right-of-way.

4. Historic Encroachments
Certain structures and areas of the City are of such historic interest and importance that their preservation has been statutorily mandated for the people of the City and the State of Louisiana. Such architectural character may include a building’s porch, gallery, or balcony and other architectural elements that may encroach onto the City’s rights-of-way.

5. Historic Encroachments
These buildings, and their encroachments, conserve New Orleans’ distinct historical attributes. These visible features must be preserved as their removal would significantly alter the appearance of the City’s unique, historic streetscape. Ensuring their preservation serves a public purpose and grants the City a reciprocal benefit.

6. Historic Encroachments
Waiving the required FMV fee in exchange for continued maintenance of historically contributing encroachments is not a gratuitous donation.

7. How is “historic” defined?
Existing encroachments within boundaries of:
Vieux Carre Commission
New Orleans Historic District Landmarks Commission
Central Business District Historic District Landmarks Commission

8. How is “historic” defined?
Existing encroachments outside HDLC and VCC jurisdiction:
Properties outside of HDLC and VCC can still contribute to the city’s historic streetscape.
Existing encroachments outside of HDLC and VCC jurisdiction will be reviewed by HDLC staff for historic value.
Upon this determination, the FMV fee may be waived.

9. How is “historic” defined?
Reconstruction of historic encroachments that were previously removed:
Reconstruction of previously removed historic encroachments inside HDLC or VCC districts will be evaluated by HDLC/VCC staff.
If staff determines restoration contributes to the historical streetscape, the city may grant a waiver of FMV fee.
Reconstruction of historic encroachments that were previously removed outside of HDLC or VCC districts, upon verification by the Executive Director of the HDLC as to its previous historic existence and contributing nature, may also receive a waiver.

10. Processing non-historic servitudes
Encroachments not categorized within the above exemptions must pay FMV for use of the city’s right-of-way.
This includes new encroachments that never previously existed – regardless of location.

11. Moving Forward
The moratorium will continue pending codification of these exceptions.
Refunds of deposits for pending servitudes now exempted will be handled by property management