Preservation / Do I need approval?
New construction
A new building on an empty lot isn’t reviewed for history in most of the city. Downtown and on Fruit Street it is, whatever was there before.
Last reviewed against the ordinances September 30, 2026
Or read the part for your area: Fruit Street district · Downtown · Rest of the historic district · Elsewhere in the city
Your building is here
Fruit Street Local Historic District
Fruit Street and a few neighboring lots on High and Prospect Streets, sixteen buildings in all. Its own commission reviews any exterior change seen from the street.
Fruit Street Historic District Commission decides
A new building or structure seen from the street is reviewed for its scale, shape, proportions and relation to its neighbors; the Commission can set dimensional and setback requirements. Before any building or demolition permit, you need one of three certificates: of appropriateness (the work suits the district), of non-applicability (nothing reviewable is involved), or of hardship. The Commission decides within 14 days whether the work is reviewable, holds a hearing within 45 days, and decides within 60 days of filing; if it doesn’t act in time, a certificate of hardship issues automatically. It looks only at what can be seen from a public street, park or the river, never at interiors.
Code ch. 16 §16-2; Code ch. 16 §§16-6–16-8; M.G.L. c. 40C
Design guidelines guidance
The 2008 guidelines ask new buildings to keep the front setbacks of their neighbors and match their scale, proportions and materials, while reflecting their own time rather than reproducing historic details.
Code ch. 16 §§16-6–16-8; M.G.L. c. 40C
Zoning Board of Appeals decides
Separately from any historic review: if the work enlarges or changes a building that doesn’t meet today’s setbacks or other zoning rules, or otherwise needs a special permit or variance, that goes to the Zoning Board (to the Planning Board downtown).
Zoning §IX, §X-H; §XXVII-C.2, F.1; §XXVIII-E.6; M.G.L. c. 40A §6
Your building is here
Downtown Overlay District (DOD)
The downtown part of the Newburyport Historic District. The Planning Board reviews work on historic buildings and all new construction.
Planning Board decides
Downtown, new construction on any lot, historic neighbors or not, needs a Downtown Overlay special permit. New buildings are expected to be compatible with their setting in size, scale, height, color, material and character; contemporary design is encouraged rather than copies of old buildings.
Zoning §XXVII-C, E, F; §X-H.7–8
Your building is here
Demolition Control Overlay District (DCOD)
The rest of the Newburyport Historic District, outside downtown and Fruit Street. The Zoning Board reviews major demolition of contributing buildings; the Historical Commission keeps roof changes.
No historic review not reviewed
The DCOD regulates demolition, not new building. But if a contributing building is to be replaced, the Zoning Board won’t release its demolition until the replacement has all its zoning relief, with a timetable and guarantees.
Zoning §XXVIII-E.1–6; special permit criteria §X-H.7; procedure §X-H.8; Zoning §IX, §X-H; §XXVII-C.2, F.1; §XXVIII-E.6; M.G.L. c. 40A §6
Zoning Board of Appeals decides
Separately from any historic review: if the work enlarges or changes a building that doesn’t meet today’s setbacks or other zoning rules, or otherwise needs a special permit or variance, that goes to the Zoning Board (to the Planning Board downtown).
Zoning §IX, §X-H; §XXVII-C.2, F.1; §XXVIII-E.6; M.G.L. c. 40A §6
Your building is here
Everywhere else
Outside Fruit Street and the two overlays: most of the city, and a few lots at the edges of the historic district. Only the citywide demolition delay ordinance, for buildings 75 or more years old.
No historic review not reviewed
The demolition delay ordinance is about existing buildings. A new building on an empty lot needs zoning compliance and a building permit, no more. If an existing building has to come down first, see Demolition.
Code of Ordinances ch. 5 art. X §5-307; Zoning §IX, §X-H; §XXVII-C.2, F.1; §XXVIII-E.6; M.G.L. c. 40A §6
Zoning Board of Appeals decides
Separately from any historic review: if the work enlarges or changes a building that doesn’t meet today’s setbacks or other zoning rules, or otherwise needs a special permit or variance, that goes to the Zoning Board (to the Planning Board downtown).
Zoning §IX, §X-H; §XXVII-C.2, F.1; §XXVIII-E.6; M.G.L. c. 40A §6
Wherever the building is
Zoning Administrator first stop
Every project starts with a zoning determination. The Zoning Administrator says which of the reviews on this page apply to your building and your plans, and whether the work also needs zoning relief. The site can tell you what the ordinances say; only that determination tells you what applies.
§5-308(A); Flowchart
Massachusetts Historical Commission reviews
A project with federal or state money, a federal or state license, or a state permit is reviewed by the Massachusetts Historical Commission for its effect on historic properties, with the local commission consulted. The trigger is the funding or the permit, not the City’s ordinances.
36 CFR 800; M.G.L. c. 9 §§26–27C
Repair first