North Carolina authorizes local governments “[t]o safeguard the heritage of the city or county by preserving any district or landmark therein that embodies important elements of its culture, history, architectural history, or prehistory” (G.S. 160D-940). State law sets forth minimum standards for what can qualify as a landmark or district, provides procedures for designating landmarks and districts, and establishes a high priority for design standards to guide development decisions related to landmarks and districts.

Distinguish National and Local Designation

Historic properties may be designated in a variety of ways. Two common and important designations are (1) listing in the National Register of Historic Places, and (2) local designation as a local historic landmark or district. These are two separate designations with important differences.

National Register of Historic Places  

The National Register of Historic Places is the list, maintained by the National Park Service, of the Nation’s historic places worthy of preservation. Nominations for a property to be listed typically come from a community survey of historic properties, interested individuals, or historic property surveys conducted as part of an environmental review process. Nominations are submitted to the North Carolina State Historic Preservation Office (SHPO) in the Department of Natural and Cultural Resources. The SHPO evaluates nominations based on national criteria, coordinates with owners and affected parties, and, when appropriate, submits the formal nomination to the National Park Service.

Listing in the National Register does not restrict private property. A private owner may alter, improve, or demolish a building listed in the National Register without any approval from the local, state, or federal government. Listing in the National Register does give access to federal grants and tax credits for qualifying properties and projects.. If an owner pursues those funds, they agree to adhere to the Secretary of the Interior’s Standards for Rehabilitation.

Listing in the National Register does restrict federal and state actions. Various federal laws require federal agencies to consider and mitigate impacts from federal actions on properties listed in the National Register. Applicable laws include Section 106 of the National Historic Preservation Act of 1966; Section 4(f) of the U.S. Department of Transportation Act of 1966; Section 6(f) of the Land and Water Conservation Fund Act; and the National Environmental Policy Act. Additionally, G.S. 121-12(a) requires North Carolina state agencies to consider National Register properties in undertakings funded or licensed by the state.  

Local Designation of Historic Landmarks and Districts 

In contrast to National Register listing, local designation is based on local decision-making and typically does establish regulations on private property.

As explained more fully below, North Carolina state law establishes the basic standards and processes for designating historic landmarks and districts. From there, the law leaves local communities to determine what areas and properties are appropriate to preserve.

Notably, local designation typically does regulate private property. Once a local government has designated a property as a historic district or landmark, the property owner must seek a certificate of appropriateness (COA) from the local historic preservation commission. A COA is a permit and determination by the preservation commission that a proposed change to the property (construction, alteration, demolition, etc.) is congruous with the “special character” of the landmark or district. Locally adopted design standards help guide COA decisions, and the commission must follow quasi-judicial procedures when making COA decisions. Note, though, that regulations for local historic districts and landmarks may not prohibit an otherwise lawful use of property: “Nothing in [the Historic Preservation statutes] shall be construed to prevent a property owner from making any use of his or her property that is not prohibited by other law” (G.S. 160D-947).

While there are regulations, there are also potential benefits for locally designated landmarks. When a property is designated as a local landmark it may be eligible for property tax deferral (G.S. 105-278).

Now let’s consider the standards and processes for designating local historic landmarks and districts.        

Designating Landmarks

Qualifications for Designating Local Historic Landmarks

Property may only be recommended for landmark designation if it is “deemed and found by the preservation commission to be of special significance in terms of its historical, prehistorical, architectural, or cultural importance and to possess integrity of design, setting, workmanship, materials, feeling, and/or association” (G.S. 160D-945).

Process and Ordinances for Designating Local Historic Landmarks

G.S. 160D-946 sets forth the process for establishing a local historic landmark, as follows:

• The preservation commission must prepare and adopt rules of procedure and principles and standards for landmarks.
• The preservation commission must investigate the proposed landmark designation or acquisition and then prepare and forward to DNCR a report on the designation or acquisition proposed. Local governments have limited authority to regulate historic interiors; if interior features will be designated, they should be included in the investigation and report (G.S. 160D-947).
• DNCR has thirty days to provide written comments about the proposed landmark designation or acquisition. If DNCR fails to provide comments within this thirty-day period, the local government may move forward without having to consider any comments from DNCR.
• The preservation commission and governing board must hold legislative hearings, separately or jointly, on any proposed landmark designation or acquisition. Notice of any hearing is to be provided in accordance with G.S. 160D-601.
• The designation is adopted as an ordinance. The ordinance must “describe each property designated in the regulation, the name or names of the owner or owners of the property, those elements of the property that are integral to its historical, architectural, or prehistorical value, including the land area of the property so designated, and any other information the governing board deems necessary” (160D-945). If interior features will be designated, “[t]he landmark designation shall specify the interior features to be reviewed and the specific nature of the commission’s jurisdiction over the interior” (G.S. 160D-947).
• The local government must provide written notice of the landmark designation or acquisition to the owners and occupants of the designated or acquired landmark within a reasonable time.
• A copy of the designation or acquisition must be filed with the register of deeds, the municipal clerk (if applicable), and the building inspector. Additionally, landmark designations shall be clearly indicated on local government–maintained tax maps.
• The preservation commission must provide notice to the county tax supervisor of any designation or acquisition or amendment to a designation or acquisition.

Note that design standards must be adopted as part of the designation process for landmarks. That is different from historic districts, where the design standards may be adopted after designation.  

Designating Districts

Qualifications for Designating Local Historic Districts

“Historic districts . . . shall consist of areas that are deemed to be of special significance in terms of their history, prehistory, architecture, or culture and to possess integrity of design, setting, materials, feeling, and association” (G.S. 160D-944).

Process and Ordinance for Designating Local Historic Districts

In order to establish a historic district, the local government must take the following steps, outlined at G.S. 160D-944:

• Investigate and draft a report “describing the significance of the buildings, structures, features, sites, or surroundings included in the proposed district and a description of the boundaries of the district have been prepared.” For the initial district in a jurisdiction, the local government may prepare the report. For changes to existing boundaries or establishment of new districts after an initial district, the preservation commission is responsible for preparing the report.
• Submit the report and boundaries to the State Historic Preservation Office (for at least 30 days) for review and comment.
• Additionally, submit the report and boundaries to the local planning board. For the initial district in a jurisdiction, it is appropriate, though not required, to refer the report and boundaries to the preservation commission.
• After sharing the report and allowing for recommendation, the local government follows the standard process for adoption or amendment to a zoning ordinance, including referral to the planning board, public notice, legislative hearing, and vote on the ordinance.

A historic district may be an overlay zoning district or it may be a stand-alone use district of the zoning ordinance.

Design standards, discussed below, may be drafted and adopted as part of the designation process or subsequently. Either way, design standards must be in place prior to the preservation commission acting on a certificate of appropriateness. Crafting standards with the designation would align efforts and gain some procedural efficiency. But, if for some reason a designation was unsuccessful, efforts on design standards would be wasted efforts.  

Historic Design Standards

A North Carolina local government must adopt design standards to guide decisions about development affecting historic landmarks and districts. “Prior to any action to enforce a landmark or historic district regulation, the commission shall . . . prepare and adopt principles and standards . . . to guide the commission in determining congruity with the special character of the landmark or district for new construction, alterations, additions, moving, and demolition” (160D‑947(c)). Moreover, “[i]n making decisions on certificates of appropriateness, the commission shall apply the rules and standards adopted pursuant to subsection (c) of this section” (G.S. 160D-947)(a).

Design standards document the special character of the landmark or district and guide decisions about what is (or is not) congruous with the special character. While state law does not specify required elements of design standards, there are common elements. Among other things, design standards typically include: architectural styles of the landmark or district; building details such as siding, roofing, windows and doors, and porches; site details such fences and walls; expectations for building additions; and expectations for new construction.   

The Secretary of the Interior’s Standards for the Treatment of Historic Properties is a useful guide for preservation work. Some projects must adhere to those standards; property owners seeking federal tax credits must meet the Standards for Rehabilitation, for example. The Secretary of Interior’s Standards can be useful for local decision-making and some communities incorporate them into the local regulations. While the Secretary’s standards provide good guidance, locally adopted design standards that are specific to a particular district provide greater tailoring of appropriate design considerations.  

For more on design standards and commission decisions, see the forthcoming blog on Certificates of Appropriateness and Quasi-Judicial Procedures. For more on the role of the local commission, see this blog on Preservation Commission Basics.

Resilience and Historic Preservation

A variety of natural hazards threaten historic resources in North Carolina. In many cases, the preservation of historic resources must include preservation from flooding. In general, historic design standards have not taken into account the adaptations property owners may need in order to protect a property.

The Historic Resilience Project was a collaborative project to provide resources for local communities to align historic preservation and community resilience. The project included model Resilience Design Standards to address property alterations for resilience. The standards and other resources are available at https://hrp.sog.unc.edu/resources/.

Summary

Local historic landmarks and districts are distinct from landmarks and districts listed in the National Register of Historic Places. Listing on the National Register of Historic Places happens following nomination; does not regulate the property; restricts federal power over the property; and provides the property owner with opportunities to take advantage of certain grants and tax credits. Local historic landmark or district designation happens through local and state government coordination; does typically result in increased regulation over property; and may come with tax benefits for qualifying landmarks. Designation of a local landmark or district must follow a state-mandated procedure, including investigation and report, coordination with the State Historic Preservation Office, designation through an ordinance, and adoption of design standards.