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Alterations, etc., to or Affecting Properties

Baltimore City Code art. 6, subtit. 8
in effect

Baltimore City Code, Article 6, § 8-1 Related rules and regulations.

§ 8-1. Related rules and regulations. (a) General. The rules and regulations adopted by the Commission under this article: (1) must include design guidelines for undertaking regulated alterations; and (2) may include provisions delegating to the Executive Director or other Commission staff the authority to review and approve regulated alterations that involve only minor work, as defined in subsection (b) of this section. (b) “Minor work” defined. “Minor work” means work that: (1) does not significantly change the overall appearance of or remove historic fabric; and (2) clearly meets the applicable design guidelines adopted by the Commission under this article. (Ord. 15-408.)

Baltimore City Code, Article 6, § 8-2 Building permit required.

§ 8-2. Building permit required. (a) Exterior structures. No person may undertake, cause, or allow any of the following regulated alterations for or with respect to any structure located within a Historical and Architectural Preservation District or a Historical Conservation District or included on the Landmark List: Exteriors or the Potential-Landmark List: Exteriors without first obtaining a permit to do so from the Building Official: (1) any reconstruction, alteration, or removal of any exterior architectural feature; (2) any change in an exterior color, whether by painting or other means; (3) any exterior excavation; (4) the construction or erection of any exterior building, fence, wall, or other structure of any kind; or (5) any exterior demolition. (b) Public interiors. No person may undertake, cause, or allow any of the following regulated alterations for or with respect to any structure on the Landmark List: Public Interiors or the Potential-Landmark List: Public Interiors without first obtaining a permit to do so from the Building Official: (1) any reconstruction, alteration, or removal of any interior architectural feature, as defined in subsection (c) of this section; (2) any change in an interior color, whether by painting or other means; (3) any interior excavation; (4) the construction or erection of any interior wall or other structure of any kind; or (5) any interior demolition. (c) “Interior architectural feature” defined. (1) In general. In this section, “interior architectural feature” means the architectural style, design, general arrangement, and components of a designated interior. (2) Inclusions. “Interior architectural feature” includes the kind, color, and texture of the building material and the type and style of windows, doors, lights, signs, plaques, decorative finishes, murals, art work, floor plan, and other fixtures appurtenant to the interior. (Ord. 25-045 Section 1; Ord. 15-408; Ord. 07-550; Ord. 76-022; Ord. 67-939; Ord. 64-229.)

Baltimore City Code, Article 6, § 8-4 CHAP to review.

§ 8-4. CHAP to review. (a) Referral by Building Official. Within 2 days of receiving a permit application for or involving a regulated alteration, the Building Official must forward the application, together with all accompanying plans and specifications, to the Commission. (b) Plans, etc., to be available. (1) On request of the Commission or its staff, the applicant must submit to the Commission any additional plans, elevations, and other related information needed to determine the appropriateness of the proposed regulated alteration. (2) The Commission may not make any determination concerning the proposed regulated alteration until it is satisfied that: (i) the permit application is complete; and (ii) the Commission has received all other needed documents and information, as requested. (c) CHAP approval prerequisite for permit. The Building Official may not issue a permit for any regulated alteration unless: (1) for a Historical Preservation District, the Director first issues an Authorization to Proceed; or (2) for a Historical Conservation District: (i) The Director first issues an Authorization to Proceed; or (ii) CHAP makes the determination that the proposed exterior alteration does not require an Authorization to Proceed and notifies the applicant and building official of CHAP’s determination. (Ord. 25-045 Section 1; Ord. 15-408; Ord. 07-550; Ord. 76-022; Ord. 67-939; Ord. 64-229.)

Baltimore City Code, Article 6, § 8-5 Public hearing.

§ 8-5. Public hearing. (a) Posting notice. If an Authorization to Proceed is not issued within 11 days of the Commission’s having received a completed application, the Executive Director must cause a sign to be conspicuously posted on the structure involved, giving notice of: (1) the type of alterations proposed; and (2) the date, time, and place of a public hearing to be held by the Commission on the proposal. (b) Hearing. The public hearing must be held: (1) at the next regular Commission meeting scheduled for a date that is no sooner than 10 days nor later than 45 days from the time the sign is posted; or (2) if no regular meeting has been scheduled for that period, at a special meeting called for a date that is no sooner than 10 days nor later than 20 days from the time the sign is posted. (Ord. 15-408; Ord. 67-939; Ord. 64-229.)

Baltimore City Code, Article 6, § 8-6 CHAP determination.

§ 8-6. CHAP determination. (a) In general. Within 21 days after the public hearing concludes, or within any additional time that the applicant approves in writing, the Commission must determine whether to approve or deny the issuance of an Authorization to Proceed. (b) Criteria for Authorization to Proceed. The Commission may approve issuance of an Authorization to Proceed only if it determines that: (1) the proposed regulated alteration is compliant with the Commission’s design guidelines and otherwise appropriate to the preservation of the particular Preservation District or to the preservation of the structure on the Landmark List or Potential-Landmark List; or (2) notwithstanding that the proposed regulated alteration is, in the opinion of the Commission, noncompliant with the Commission’s design guidelines or otherwise inappropriate: (i) the proposed alteration nonetheless is without substantial detriment to the public welfare and without substantial derogation of the intents and purposes of this article; and (ii) denial of an Authorization to Proceed would result in substantial hardship to the applicant. (c) Factors to be considered. In passing on appropriateness, the Commission must consider, among other pertinent factors: (1) the structure’s historic or architectural significance; (2) the location and visibility of the proposed alteration; and (3) the historic or architectural significance, architectural style, general design, arrangement, texture, material, color, architectural features, height, massing, and scale of other structures in the immediate neighborhood. (Ord. 15-408; Ord. 07-550; Ord. 93-169; Ord. 67-939; Ord. 64-229.)

Baltimore City Code, Article 6, § 8-8 Issuance of Authorization to Proceed.

§ 8-8. Issuance of Authorization to Proceed. (a) Issuance. If the Commission approves the issuance of an Authorization to Proceed, the Executive Director must promptly issue the Authorization to Proceed and forward it to the Building Official, along with the related application, plans, and specifications. (b) Contents of Authorization to Proceed. The Authorization to Proceed must contain: (1) a description of the regulated alteration being approved; (2) a reference to whether the approval is premised on: (i) a finding that the alteration is compliant with the design guidelines and is otherwise appropriate (as required by § 8-6(b)(1) of this subtitle); or (ii) a finding that the alteration is noncompliant or otherwise inappropriate, but: (A) it is without substantial detriment to the public welfare and without substantial derogation of this article (as required by § 8-6(b)(2)(i) of this subtitle); and (B) denial would result in substantial hardship to the applicant (as required by § 8-6(b)(2)(ii) of this subtitle); (3) the substance of any conditions, restrictions, or limitations imposed by the Commission to minimize the degree to which the alteration otherwise would be noncompliant with the Commission’s design guidelines or otherwise inappropriate; and (4) the date on which the Authorization to Proceed is issued. (c) Term of Notice. Unless an extension is granted, every Authorization to Proceed expires and becomes invalid if a building permit is not obtained and the work authorized begun within 1 year after the Authorization to Proceed is issued. (Ord. 15-408; Ord. 08-063; Ord. 07-550; Ord. 06-247; Ord. 05-123; Ord. 76-022; Ord. 67-939; Ord. 64-229.)

Baltimore City Code, Article 6, § 8-9 Denial of Authorization to Proceed – Districts and Landmarks.

§ 8-9. Denial of Authorization to Proceed – Districts and Landmarks. In the case of a structure located within a Preservation District or a Historical Conservation District or included on the Landmark List, if the Commission determines that an Authorization to Proceed should not be issued, the Commission shall promptly notify the applicant and the Building Official in writing of: (1) the reason for that determination; and (2) any recommendations that the Commission might have about the proposed alteration. (Ord. 25-045 Section 1; Ord. 15-408; Ord. 07-550; Ord. 76-022; Ord. 67-939; Ord. 64-229.)

Baltimore City Code, Article 6, § 8-10 Denial of Authorization to Proceed – Potential Landmarks.

§ 8-10. Denial of Authorization to Proceed – Potential Landmarks. (a) Commission to notify Building Official. In the case of a structure on the Potential-Landmark List, if the Commission determines that the proposed regulated alteration is inappropriate, the Commission must notify the Building Official in writing to postpone issuance of the permit. (b) Building Official to postpone. If the Building Official is so notified, the Building Official must postpone issuance of the permit until the first to occur of: (1) 180 days from the date of the notification to postpone; or (2) a subsequent notification by the Commission to issue the permit. (c) Commission to consult with applicant and others. During the period of postponement, the Commission must meet with the applicant and may consult with civic groups, public agencies, and interested persons to ascertain what the City can do to preserve the structure. (Ord. 15-408; Ord. 07-550; Ord. 76-022; Ord. 67-939; Ord. 64-229.)

Baltimore City Code, Article 6, § 8-11 Building Official bound by CHAP decision.

§ 8-11. Building Official bound by CHAP decision. The Building Official is bound by the Commission’s determinations under this subtitle and must approve, if otherwise in conformance with the Building, Fire, and Related Codes Article, or disapprove the application for the proposed alteration in accordance with those determinations. (Ord. 15-408; Ord. 07-550; Ord. 76-022; Ord. 67-939; Ord. 64-229.)

Baltimore City Code, Article 6, § 8-13 Municipal structures.

§ 8-13. Municipal structures. (a) “Municipal structure” defined. In this section, “municipal structure” means any structure that: (1) is owned by the Mayor and City Council of Baltimore; and (2) either: (i) has been or is being used for a municipal function, including offices and other work places, schools, fire stations, police stations, monuments, water and waste water facilities, and the like; (ii) has been or is being aggregated by or for the City for redevelopment under authority of a Master Plan or Urban Renewal Plan; or (iii) meets any other criteria adopted by Commission rule or regulation for structures requiring review under this section. (b) Submission of plans to Commission. Before any City action is taken to approve or otherwise authorize the reconstruction, exterior alteration, interior alteration of an area customarily open or accessible to the public, or demolition of any municipal structure, the agency responsible for preparing the plans must refer the plans to the Commission for a report. (c) Action by Commission. (1) The Commission’s report must be submitted to the Mayor and to the responsible agency within 45 days after the referral. (2) If the Commission does not report within this 45-day period, the Mayor may conclude that the Commission does not object to the approval or authorization of the plans. (Ord. 15-408; Ord. 12-066; Ord. 67-939.)

Baltimore City Code, Article 6, § 8-15 Permissible maintenance and repair.

§ 8-15. Permissible maintenance and repair. (a) No change in design, etc. Nothing in this article prevents the ordinary maintenance or repair of an architectural feature within any Preservation District or any Conservation District or on any Landmark or Potential Landmark, if the maintenance or repair involves no change in design, material, color, or appearance of the structure. (b) Public safety needs. Nothing in this article prevents the construction, reconstruction, alteration, or demolition of any feature that the Building Official certifies as being required for public safety because of an unsafe or dangerous condition. (Ord. 25-045 Section 1; Ord. 15-408; Ord. 07-550; Ord. 76-022; Ord. 67-939; Ord. 64-229.)
Source: City of Baltimore Department of Legislative Reference, City of Baltimore Law Library (codes.baltimorecity.gov; Open Law Library bulk XML)URL: https://codes.baltimorecity.gov/us/md/cities/baltimore/code/6/8Fetched: 10/25/2026

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