What is a Demolition Delay?

Demolition delay bylaws vary greatly around the state; some municipalities do not even have one. In general, they allow for a delay of anywhere from 90 days to 18 months. The "trigger" for demolition delay also varies - 50 or 100 years old, constructed before a specific year such as 1900 or 1950, listed on the State or National Register, or included in the state's cultural resources inventory. It is up to towns to pass a demolition delay bylaw, and to decide what works best for their town. Historical commissions can also waive the delay, if they feel that the building in question is no longer historically significant (generally, if it has been greatly altered). The delay provides a pause for the developer and the town, some time to see if there is a way the building can be saved, either by incorporating it into the developers plans, selling the parcel to a new, sympathetic owner, or even moving the building to a new location. Importantly, the decision of the historical commission to impose a delay can be overruled by the town's building inspector if safety is an issue with the building. Unfortunately, in towns undergoing rapid development, demolition delay bylaws often become ineffective, because developers will simply factor the wait time into their plan. In Berlin, the Historical Commission can impose a 6-month delay on buildings 50 years or older.