Environmental Permit for a Historic Landmark or Protected Historic District in Willemstad
Do you own a home or building that has been designated as a historic landmark? Or is your property located within the protected historic district of Willemstad? In many cases, you will need an environmental permit if you wish to make changes to the home, building, or structure. This does not apply, however, to routine maintenance or modifications to parts of the property that have no historic value.
Preliminary consultation is highly recommended for this category and ensures that you will receive an environmental permit more quickly. For more information, see the page on submitting a (draft) application. There is a fee for this service. If you subsequently submit an application for an environmental permit, we will deduct the cost of the draft application from the total fee.
Requests
- You can use the permit check tool on the Ministry of Infrastructure and the Environment’s website to see if you need an environmental permit;
- If you need a permit, you can also apply for it digitally through the same module. To do so, you will need your DigiD login code (for businesses, this is now only possible via “eHerkenning”; please visit the website of the Ministry of Economic Affairs for more information);
- You will receive a written response from the competent authority. This may be the municipality, but it could also be the province, the water board, or the national government;
- In most cases, consultation with the competent authority is required: an environmental permit requires a customized approach;
- If your application is approved, the permit will be sent to you (along with the conditions under which it is granted);
- If you disagree with the decision, you may file an objection.
Procedure
Depending on the nature of the work, an environmental permit for national monuments is prepared in accordance with either the standard or the comprehensive preparation procedure. In the case of the demolition of a significant portion of the monument, a reconstruction, or a change in use, the comprehensive procedure applies; for less extensive changes, such as replacing window frames, the standard procedure applies.
The standard procedure is the same as that for a municipal historic landmark, which is described below. The comprehensive procedure is as follows:
- Decisions must be made within 26 weeks; the decision period may be extended by up to six weeks for complex or controversial issues;
- The draft decision will be available for public review for six weeks;
- There is no mandatory decision deadline, so a permit is not granted automatically if the decision deadline is exceeded;
- The permit takes effect the day after the deadline for filing an appeal has expired. An appeal does not suspend the permit’s effectiveness; suspension can only be achieved by filing a motion for a preliminary injunction;
- Legal remedies: submission of comments on the draft permit; filing a lawsuit in court; filing an appeal with the Council of State.
An environmental permit for municipal monuments is processed according to the standard preparation procedure. This means:
- Decisions must be made within 8 weeks; the decision period may be extended by up to six weeks for complex or controversial issues;
- If the deadline is exceeded, a permit is granted by operation of law;
- The permit takes effect the day after the deadline for filing an objection has expired. An objection does not suspend the permit’s effectiveness; suspension can only be achieved by filing a motion for preliminary relief; objections are filed with the Municipal Executive; appeals are filed with the district court; and appeals from the district court’s decision are filed with the Council of State.
Bring along
- The application form for an environmental permit;
- Site plan, scale 1:1000;
- A 1:100 scale floor plan of each floor, showing dimensions and the intended use of each space;
- All elevation views and relevant cross-sections are to a scale of 1:100.
Costs
There is a fee associated with this product. Please check with your local municipality.
The (draft) application will be submitted to the Moerdijk Visual Environmental Quality Commission (formerly the Combined Aesthetics and Historic Preservation Commission).
Please also reviewthe 2023 Rules of Procedure for the Assessment of Visual Environmental Qualityand the Moerdijk Visual Environmental Quality Advisory Committee Regulations.
On Thursday mornings in odd-numbered weeks, plans for historic monuments and properties within the protected cityscape are reviewed. These meetings are open to the public. You must register in advance at info@moerdijk.nl. The agenda for the upcoming meeting is published weekly on our website. See also the page on aesthetic policy.
Municipal landmark
The protection of municipal monuments is governed by the municipal heritage ordinance. In many cases, you can perform routine maintenance on your municipal monument without being required to apply for an environmental permit. Examples include light sanding and repainting in the same color, replacing broken windows, thatching thatched roofs, or replacing a few roof tiles. However, the paint system, type of glass, and roof tiles must match the existing ones. You can contact the municipality to find out exactly what is considered routine maintenance.
For work that goes beyond routine maintenance, an environmental permit is required. Examples include completely removing old layers of paint and then painting with a different paint system, or completely replacing caulking, stucco, and woodwork (such as an entire window frame). If in doubt, contact your municipality or visit the Omgevingsloket website.
The descriptive statement for your historic monument determines, among other things, the extent and scope of its protection. Not every part of a municipal monument may be of historical value. When a request for an environmental permit is reviewed, a determination is made as to what exactly is of historical significance and what is not. The use of the building also plays a role in this assessment. Therefore, discuss your plans with your municipality at an early stage. Often, historical values and new developments can be combined surprisingly well.
National Historic Landmark
National monuments are protected under the Heritage Act. No environmental permit is required for routine maintenance—that is, maintenance that does not alter the national monument. Examples include lightly sanding and repainting in the same color, replacing broken windows, thatching thatched roofs, or replacing a few roof tiles. However, the paint system, type of glass, and roof tiles must match the existing ones.
Alterations to recently constructed parts of the building that do not affect its historic value are also exempt from permit requirements. If in doubt, contact your local municipality or visit the Omgevingsloket website.
A permit is required for work that goes beyond routine maintenance. For example, this includes completely removing old layers of paint and then painting with a different paint system. A permit is also required for completely replacing caulking, woodwork (such as an entire window frame), and stucco. If in doubt, contact the municipality.
Protected Historic District
The historic city center of Willemstad, with its countless monuments and the surrounding canals and open spaces, constitutes a protected urban landscape. A protected urban landscape is an urban area that the national government has designated as being of general interest due to its beauty, its spatial or structural integrity, or its scientific and cultural-historical value. The national government has designated these urban areas as such under the Monuments Act. The city council has adopted the zoning plan with the aim of preserving the historical qualities of these areas. This includes, among other things, the preservation of the historically evolved street plans, the layout of public spaces and inner courtyards, the characteristic facades, the iconic buildings, and the city’s green spaces. Requirements are also set regarding the eave and ridge heights of buildings and the construction and paving materials to be used. Within a protected urban landscape, stricter requirements apply to demolition or construction than outside of it. For example, a demolition permit is required to demolish buildings. It is important to note that installing solar panels or implementing other sustainability measures on the facade or roof surface—whether on the front or side of the building—always requires an environmental permit! If you have any doubts about your renovation plans, please contact the municipality.
Organizations and foundations that serve Moerdijk residents may sometimes be exempt from the application fees for an environmental permit. Email or mail your request to the staff member who is handling your application and reviewing the construction plan.
Please include a copy of your organization's articles of incorporation (mission statement). More information can be found in the Policy Rule on Exemption from Environmental Permit Fees for Moerdijk.