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Massachusetts Historical Commission

Preservation Restrictions

A preservation restriction is a legal agreement entered into by the owner of a historically significant structure or site to ensure its long-term protection. The agreement designates a second party (the “grantee” – either a government entity or a qualified organization) to administer and enforce it.

The restrictions may last for a term of years, or be perpetual. Preservation restrictions are recorded at the registry of deeds, and are binding on current and future owners while in effect.

How are preservation restrictions used?

  • The owner of a historically significant property may use a preservation restriction to ensure its preservation under future owners.
  • Local, state and federal preservation programs may require a preservation restriction to qualify for restoration or rehabilitation grant funds.
  • A city or town may require a restriction to protect a significant property as a condition of a permit or variance.
Perpetual restrictions on a qualified property may be considered charitable deductions for federal income tax purposes.

What protections does a preservation restriction provide?

A preservation restriction can forbid or limit:

  • Alterations to exterior or interior features
  • Changes to a site or landscape
  • Changes to archaeological activities
  • Any other potentially inappropriate activities or uses
Owners must also agree to maintain the property to specified standards.

How is a preservation restriction administered?

The terms of the agreement specify when and how an owner needs to obtain prior written approval from the grantee for proposed activities covered by the restriction.

The grantee may periodically inspect the property to ensure compliance with the restrictions. The grantee also has legal authority to enforce the agreement against any violations.

How is a preservation restriction created?

In Massachusetts, preservation restrictions must meet the requirements of M.G.L. c. 184, §§ 31, 32 and 33. Under this statute, they must be approved by the MHC, and if the grantee is a non-government organization, they must also be approved by the city or town in which the property is located.

Draft preservation restriction agreements are submitted to the MHC for its review and comment, and when in final form they are executed by the owner and the grantee, submitted for necessary approvals, and then recorded at the registry of deeds.

To start the process, please contact MHC staff. The MHC will provide sample agreements that meet current requirements, answer your questions, and provide further guidance.

Please contact:
Michael Steinitz
Deputy State Historic Preservation Officer
Massachusetts Historical Commission
Massachusetts Archives Building
220 Morrissey Boulevard
Boston, MA 02125-3314
Phone: 617-727-8470
Email: