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The single most powerful historic preservation tool under North Carolina Law is the legal entity known as a Historic Landmarks Commission, sometimes called Historic Properties Commission. It exists to recommend the designation of individually significant historic property, both real and personal, as historic landmarks and to secure the preservation of same. It derives its powers from North Carolina General Statute 160A-400, which enables local governments to create a Historic Landmarks Commission.

 

The essential test of whether property qualifies for historic landmark designation is whether it possesses individual historic significance. There is no specific age requirement. It could have been built last year if it has individual historic significance. There is no legal requirement that the owner has to agree to have his, her, it or their property designated as a historic landmark.

A Survey and Research Report is prepared for each prospective historic landmark, documenting the historical significance, both associative and architectural, of the prospective historic landmark. The Historic Landmarks Commission uses this report to determine whether the subject property should be recommended for designation as a historic landmark. If so, the Commission’s recommendation, along with all supporting documentation, is sent to the North Carolina Division of Archives and History, which has up to 30 days to comment upon the Commission’s recommendation. If the Division of Archives and History comments favorably upon the prospective designation, the Historic Landmarks Commission schedules a joint public hearing with the local governing board which has zoning jurisdiction over the subject property. If the comment is not favorable, the Historic Landmarks Commission reconsiders the issue and decides whether it wishes to continue the designation process regardless. The purpose of this public hearing is to give all interested parties the opportunity to comment upon the prospective designation.

 

 

 

 

 

 

 

 

It is the decision of the appropriate local governing board as to whether the subject property becomes a historic landmark. If the appropriate governing board does designate the property as a historic landmark, an ordinance is sent to the owners of record and is filed in the Register of Deeds Office, the Buildings Standards Office, and the County Tax Office. The designation shall remain in effect until such time as the appropriate local governing board removes such designation upon recommendation of the Historic Landmarks Commission.

Many people mistakenly believe that historic landmarks are always beautiful, old buildings. Historic Landmarks can be archeological sites, humble mill houses, farms of more than 200 acres, or skyscrapers. They can even be personal property, i.e., movable objects, such as Streetcar 85 in Charlotte.

Historic Landmark designation is not an award. It is a powerful land-use regulatory tool designed to serve the public good by affording the greatest possible protection for properties of individual historic significance. Owners must submit a Potential Historic Landmarks Form to the Charlotte-Mecklenburg Historic Landmarks Commission for a property which they want to be considered for historic landmark designationThe major consequences of historic landmark designation are:

 

Owners of a historic landmark must obtain a Certificate of Appropriateness from the Historic Landmarks Commission before undertaking any material alterations to those portions of their property which have been designated as a historic landmark.

The demolition of a historic landmark may be delayed for up to 365 days by the Historic Landmarks Commission and during this period the appropriate local governing board may exercise the power of eminent domain to acquire the subject historic landmark.

The Historic Landmarks Commission may acquire the fee simple or any lesser included interest, e.g., options, easements, in a historic landmark and may dispose of same by sale, lease or otherwise consistent with the purpose of preserving the property.

A sign indicating that the property is a historic landmark may be placed on the property of, if the owner objects, upon the nearest public right-of-way.

Officials of the Historic Landmarks Commission may enter onto the premises of historic landmarks for purposes of conducting necessary inspections, except the interiors of buildings, which requires the consent of owners to enter.

Owners of historic landmarks may apply for an automatic deferral of 50% of the local property (Ad Valorem) taxes on those portions of the property which have been designated as a historic landmark. The taxes only come due when and if the appropriate local governing board removes the designation of the property as a historic landmark. In that instance, the owner must pay 3 years’ back full taxes plus a penalty. There is no recapture provision upon sale of the property.

 

 

 

 

 

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