Proposed penalties in historic district out of bounds

Creating a historic district in downtown Port Royal was a wise move to protect valuable structures whose roots reach deep into the town's past and tell volumes about its history, and residents within those bounds should be encouraged that they are part of something special.

However, the town's Historic Preservation Commission, charged with making recommendations to the Town Council, is out of bounds for maintaining that criminal penalties be levied against those who violate the ordinance.

Despite that fines already exist for violators — $500 per day — assigning a criminal penalty — 30 days in jail — is a sophomoric scare tactic, but worse, its legality comes into question.

According to Mark Plowden, spokesman for the state Attorney General's Office, there has been no ruling whether municipalities can legally attach criminal penalties for violating such an ordinance. Similar local ordinances in recent news include Jasper County trying to make criminals out of those who wear their pants too low — or "saggy" — and governments, including Beaufort, Beaufort County and Greenville, pondered jailing those convicted of breaking their respective public smoking ordinances. The state Supreme Court ruled this year that "Local governments may not criminalize conduct that is legal under a statewide criminal law."

That seems clear-cut enough. But Port Royal defends its criminal penalty, arguing that because there is an option between jail time and a fine, the ordinance is legal. It also maintains that there is no statewide law regarding historic districts.

Plowden, however, said if the town levies a criminal penalty, the chances are that the case could make it all the way to the Supreme Court. That's a waste of time and taxpayer dollars, and if the penalty is found to be fallacious, it could harm the ordinance.

Maintaining the integrity of what makes — and will make — Port Royal a special place should be encouraged, not forced down the throats of property owners finding themselves in the thick of a new special district. It comes down to good versus bad public relations.

Simply put, most people should consider themselves blessed that they wound up in an elite historic district. Homes in those districts historically increase in value. The State Historic Preservation Office reports that resale values in S.C. historic districts — all 30 of them, including the city of Beaufort — increased after adopting preservation zoning ordinances.

The financial gains are felt by all residents: As the homes increase in value, that wealth adds to a stronger tax base for the rest of the town.

The housing bust aside, historic properties are seen as special, and they generally fetch a better price. True that adding odd additions or changing the character of the building is generally off-limits; the benefit is that the structure is part of a larger story, one that adds context to the town's history and, therefore, represents the title of "unique."

Historic districts also generate grants and promote a historically healthier and vibrant downtown.

Instead of crowding our jails with folks who want to change their shutters or add a deck, we should be encouraging them to participate in the district. If they don't play nicely, a whack on the knuckles in the form of a fine is perfectly acceptable. We don't need to threaten a jail sentence to let them know we're serious about historic preservation.