Key Points:
- Two Connecticut preservation experts warned Wilton’s Historic District & Historic Properties Commission that the new Bipartisan American Affordability and Jobs Act of 2026 recently introduced in the U.S. Senate could weaken protections for historic properties.
- Preservation experts fear it will negatively impact local historic properties by its “draconian” changes to review processes and legal protections which have been in place for decades.
- HDHPC commissioners voted to contact Wilton’s federal legislators before the bill comes up for a vote, which they were told could take place as soon as Nov. 9.
Why It Matters: If enacted, the federal legislation could undermine local efforts to avoid or mitigate negative effects of federally-permitted projects — highways, cell towers, energy infrastructure, etc. — on Wilton’s historic properties.
After taking its usual summer recess and cancelling a September meeting, Wilton’s Historic District and Historic Properties Commission (HDHPC) had plenty to catch up on when it convened on Tuesday, Oct. 13.
Much of the evening’s discussion underscored growing challenges for the commission’s preservation efforts.
Proposed Federal Legislation
Mary Dunne of the State Historic Preservation Office (SHPO) and Stacey Vairo of Preservation Connecticut attended the Oct. 13 meeting with a strong warning about The Bipartisan American Affordability and Jobs Act of 2026 — U.S. Senate bill 5653 that was introduced on Sept. 30.
The 400-plus-page bill proposes sweeping changes to federal environmental reviews and permitting, notably for energy and infrastructure projects. Its sponsors say the changes would make permitting more predictable, speed up projects and lower energy costs.
However, Dunne said she fears the bill’s “good language, for good things” like affordability and jobs are masking the deleterious effects on protections for historic properties.
Dunne explained the new bill would fundamentally change the legal protections currently in place under the National Historic Preservation Act of 1966, specifically Section 106, which provides:
- a “deliberative process” for identifying historic resources that could be affected by a given project
- consultation with local governments, preservation commissions and the public about potential risks to historic properties
- meaningful opportunity to create solutions to avoid, minimize or mitigate negative impacts as projects advance
Vairo noted that Section 106 reviews have played a significant role in many projects in Wilton — such as the decades-long debate over the “Super 7” highway.
According to Dunne, the proposed legislation would make “draconian” changes that would severely narrow the scope of Section 106 protections.
“There’s no good-faith investigation if there are any properties that might be affected, [and] there’s no consultation on what the area of potential effect would be,” she said. “I hate to hammer this home, but there’s no role for property owners, or local preservation groups, or the public, including [local governments] — they are excluded from any consultation.”
She also emphasized the proposed legislation narrows the definition of harm to a historic property.
“They’re really only considering direct harm to a property itself. No visual or atmospheric or audible implications,” Dunne said.
The National Trust for Historic Preservation issued a press release that described the proposed changes somewhat differently: visual, atmospheric and audible effects would face a significantly higher evidentiary threshold to qualify for consideration.
A “Dire” Warning
Vairo echoed Dunne’s bleak assessment.
“We can’t express to you enough how dire this is,” Vairo told the commission. “It’s not just sky-is-falling stuff. This is really, really important and a big deal.”
Commissioner Gil Wetherly concurred. “I think we all can agree that this is a bad thing,” he said.
“We all know how difficult it is already in what we try to do with historic preservation,” HDHPC Chair Lori Fusco said. “And it sounds like this is just another avenue [where] our authority is being diminished.”
The National Trust also expressed strong opposition to the bill’s historic preservation provisions.
“Permitting reform should make government work better — not make historic places invisible in the process and while we recognize the legitimate goal of making federal permitting more predictable, efficient, and timely, these provisions would threaten long term protections for our nation’s historic and cultural resources and go far beyond simple streamlining of the Section 106 process,” said Shaw Sprague, Vice President of Government Relations at the National Trust.
Next Steps
Vairo urged “spreading the word and contacting your legislators.”
Commissioners voted to authorize Fusco to draft a letter to express HDHPC’s concerns to Sen. Chris Murphy, Sen. Richard Blumenthal, Rep. Jim Himes, as well as to inform Wilton’s Board of Selectmen. Fusco also expressed a desire to inform residents in Wilton’s historic properties and districts.
The bill was sponsored by Senators Shelley Moore Capito (R-WV), Martin Heinrich (D-NM), Mike Lee (R-UT) and Sheldon Whitehouse (D-RI).
Dunne said she expected the bill to possibly advance to a Senate vote as soon as Nov. 9.
Gilbert & Bennett Due Diligence
Fusco updated commissioners on two studies — a conditions assessment and a feasibility study — currently in progress that will help guide the Town’s decisions on the future of the historic, Town-owned Gilbert & Bennett school building at 49 New St.
The G&B building has been vacant since Wilton’s Health Department deemed it “unsafe to occupy” in September 2024. Earlier this year, Town officials discussed a proposal from Wilton-based Twelve Gods Brewery to purchase the property and open a brewery and restaurant there. That discussion prompted calls from residents and preservation advocates for a broader exploration of potential alternatives before any sale or redevelopment moves forward.
Fusco informed commissioners reports are now being finalized. She hopes to publicly share the conditions assessment with the Board of Selectmen at the soonest opportunity to get on a BOS meeting agenda. She expects the full assessment to be available in January.
“Hopefully there is something that is appealing to the public, that the public can use and enjoy for years to come while saving the building — that’s hopefully what the end result will be,” Fusco said.
More HDHPC News
19 Cannon Rd: Fusco updated commissioners on the recent action by Wilton’s Water Pollution Control Authority to approve a court-ordered sewer connection for 19 Cannon Rd., which she noted is a contributing property in the Cannondale National Register Historic District (though Cannondale is not a designated local historic district).
Fusco called the prospect of a proposed 70-unit apartment building at that location “much closer to happening” and another “sad” topic of discussion for commissioners. She noted there is nothing the HDHPC can do until the Town receives a demolition permit request. At that point, HDHPC can impose a 90-day stay to allow for salvaging opportunities or other preservation alternatives.
SSND property: On a more positive note, Fusco saw a glimmer of hope for the historic Vollmer house on the School Sisters of Notre Dame Belden Hill Rd. property, where a developer’s initial plans for a senior living community called for the building to be demolished. Fusco noted the formal application by Hines was withdrawn in favor of more discussion, which she feels opens the door to continue advocating for preserving the building. [Editor’s note: the Planning and Zoning Commission held a pre-application discussion with the project’s applicant at the same time as the HDHPC meeting occurred. GMW reported on that in a separate article.]
Fusco said a Hines representative had recently reached out to acknowledge HDHPC’s concerns. Commissioners authorized Fusco to respond to Hines to further discuss the matter.
“Our main objective is not to demolish the house,” Fusco said. “Hopefully, [Hines is] rethinking it, and hopefully they are open to incorporating that house into their application.”
14 Horseshoe Rd.: Fusco reported that a 90-day demolition delay the commission had imposed at 14 Horseshoe Rd. had expired on Sept. 8. To her disappointment, Fusco said local owner Able Construction had concluded preserving the 1924 Dutch colonial revival house would not be feasible given its condition. However, the builder had offered to continue working with HDHPC to explore salvaging opportunities before demolition.
