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Under current Portland city code, owners can remove a property from the Historic Resources Inventory (HRI) and immediately apply for a demolition permit. In other words, Portland has no way to protect its historic structures.

City officials are aware of the loophole allowing building owners to circumvent a 120-day notification period for demolitions, said Brandon Spencer-Hartle, the historic resources program manager for the Bureau of Planning and Sustainability. But any potential change would not be fast-tracked, he added.

Spencer-Hartle noted that this week he was in staff meetings where closure of the loophole was discussed. But BPS is tackling other planning issues that take precedence, he said, and any change to city code must first go through a public process.

At the earliest, Spencer-Hartle said, a proposal to fix the loophole could be ready for review by BPS staffers by late summer and then considered by the Portland City Council by this fall.

鈥淥ne of my misconceptions before coming to work for the city was that the City Council could just whip up a code,鈥� Spencer-Hartle said. 鈥淏ut even working to see how fast we can put this together, that timeline is most ambitious. It could be faster or it could be slower.鈥�

It’s too slow for Peggy Moretti, executive director of Restore Oregon, which works to protect the state’s historic structures. One that could be at risk is a former firehouse at 1425 N.W. Glisan St. The building is listed on the HRI, but it could be removed by a prospective new owner and then demolished.

鈥淭he city has committed to closing the loophole, but it’s taking too dang long,鈥� Moretti said. 鈥淚n the meantime, other things (besides the firehouse) will be removed.鈥�

In 2002, when the city changed many of its codes, it deleted a 120-day waiting period before demolition of a historic structure could occur, Spencer-Hartle said. That might have been an accidental oversight, he said.

鈥淭here is no evidence there was an intention to allow (historic) properties to be removed without delay,鈥� he said.

The 103-year-old ex-firehouse in the Pearl District can be removed from the HRI at any time, Spencer-Hartle said, because of a state law passed by the 1995 Oregon Legislature. It requires owners to give permission for buildings to be added to historic registers, undercutting cities’ ability to identify and preserve historic structures. Oregon is the only U.S. state with such a law, according to Moretti.

Portland’s HRI has not been updated since 1985, and there are no plans to pursue an update because the state law requiring owners’ permission would make it an all but impossible task, Spencer-Hartle said.

The city cannot take a political stand on the issue, he added, because it is state law.

As things stand now, Spencer-Hartle said, if the owner of a building requests a demolition permit before asking for its removal from the HRI, the 120-day delay would go into effect. But if the request for a demolition permit is made after removal from the HRI, there would be no delay.

Only listing on the National Register of Historic Places can prevent demolition. But even if a building is listed on the national register, the owner can push the Portland City Council to allow demolition, said Val Ballestrem, education director at the Architectural Heritage Center.

鈥淲e are really hamstrung with preservation of buildings or saving buildings from demolition,鈥� he said. 鈥淥wners make more money by redeveloping and we are essentially seeing really historic and architecturally significant buildings torn down.鈥�

AHC board Vice President Steve Dotterrer is heading an advocacy committee that will push for changes to state law regarding the owners’ permission requirement for buildings’ historic designations, Ballestrem said. But it won’t be an easy sell, he added.

鈥淚t’s really interesting how Portland is a super liberal city and yet when it comes to property, people say, 鈥業t’s my property and you can’t tell me what to do,’ 鈥� he said. 鈥淲e’ve become just as libertarian as anyone else in the state.鈥�

No application for a demolition permit has been submitted for the ex-firehouse, Spencer-Hartle said. But that could change any day, he added.

Sam Rodriguez is a senior managing director of Mill Creek Residential Trust, the potential new owner of the ex-firehouse. The firm has entered into a contract with the current property owner, but the sale isn’t finalized yet, he said; redevelopment plans aren’t set yet either.

Due diligence is still being performed, Rodriguez said, but he expects the sale to be finalized in two to three months.

鈥淲e’re evaluating all the options and one of them is demolition of the building,鈥� he said. 鈥淭hat’s very likely, but we don’t really have final plans at this point.鈥�

The property remains on the HRI, but can be removed after the sale is final, Rodriguez said.

鈥淭he list was done a long time ago and doesn’t protect it from demolitions,鈥� he said.