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O.C.G.A. § 44-10-26 — Designation by ordinance of historic properties or districts; required provisions; investigation and report; submittal to Department of Natural Resources; notice and hearing; notification of owners | Georgia Code
O.C.G.A. § 44-10-26 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 44 PROPERTY

Section 10. Historic Preservation, 44-10-1 through 44-10-31.

ARTICLE 2 ORDINANCES PROVIDING FOR HISTORICAL PRESERVATION

44-10-26. Designation by ordinance of historic properties or districts; required provisions; investigation and report; submittal to Department of Natural Resources; notice and hearing; notification of owners.

  1. Ordinances adopted by local governing bodies to designate historic properties or historic districts shall be subject to the following requirements:
    1. Any ordinance designating any property as a historic property or any district as a historic district shall require that the designated property or district be shown on the official zoning map of the county or municipality adopting such ordinance or that, in the absence of an official zoning map, the designated property or district be shown on a map of the county or municipality adopting such ordinance and kept by the county or municipality as a public record to provide notice of such designation in addition to other notice requirements specified by this Code section;
    2. Any ordinance designating any property as a historic property shall describe each property to be designated, shall set forth the name or names of the owner or owners of the property, and shall require that a certificate of appropriateness be obtained from the historic preservation commission prior to any material change in appearance of the designated property; and
    3. Any ordinance designating any district as a historic district shall include a description of the boundaries of the district, shall list each property located therein, shall set forth the name or names of the owner or owners of each property, and shall require that a certificate of appropriateness be obtained from the historic preservation commission prior to any material change in appearance of any structure, site, or work of art located within the designated historic district.
  2. No ordinance designating any property as a historic property and no ordinance designating any district as a historic district nor any amendments thereto may be adopted by the local governing body nor may any property be accepted or acquired as historic property by the local governing body until the following procedural steps have been taken:
    1. The commission shall make or cause to be made an investigation and shall report on the historic, cultural, architectural, or esthetic significance of each place, district, site, building, structure, or work of art proposed for designation or acquisition. This report shall be submitted to the Division of Historic Preservation of the Department of Natural Resources or its successor which will be allowed 30 days to prepare written comments concerning the report;
    2. The commission and the local governing body shall hold a public hearing on the proposed ordinance. Notice of the hearing shall be published at least three times in the principal newspaper of general circulation within the municipality or county in which the property or properties to be designated or acquired are located; and written notice of the hearing shall be mailed by the commission to all owners and occupants of such properties. All the notices shall be published or mailed not less than ten nor more than 20 days prior to the date set for the public hearing; and
    3. Following the public hearing, the local governing body may adopt the ordinance as prepared, adopt the ordinance with any amendments it deems necessary, or reject the proposal.
  3. Within 30 days immediately following the adoption of the ordinance, the owners and occupants of each designated historic property and the owners and occupants of each structure, site, or work of art located within a designated historic district shall be given written notification of such designation by the local governing body, which notice shall apprise said owners and occupants of the necessity for obtaining a certificate of appropriateness prior to undertaking any material change in the appearance of the historic property designated or within the historic district designated.

(Ga. L. 1980, p. 1723, § 6; Ga. L. 1996, p. 6, § 44.)

JUDICIAL DECISIONS

No due process violation in claimed notice deficiencies.

- As the developers knew when the developers bought the developers' property that the property was in a historic district and subject to the district's restrictions on development, the developers failed to show that the developers were denied due process or otherwise harmed by any of the claimed notice deficiencies in the county's designation of the historic district. Buckler v. DeKalb County Bd. of Comm'rs, 299 Ga. App. 465, 683 S.E.2d 22 (2009), cert. denied, No. S09C2027, 2010 Ga. LEXIS 3 (Ga. 2010).

Substantial compliance with notice provisions sufficient.

- As the developers failed to show the developers were harmed by a county's alleged lack of strict compliance with the notice procedures of the Georgia Historic Preservation Act (HPA), O.C.G.A. § 44-10-20 et seq., and as the record established that the county substantially complied with the HPA in designating a historic district, the county's ordinance was valid. Buckler v. DeKalb County Bd. of Comm'rs, 299 Ga. App. 465, 683 S.E.2d 22 (2009), cert. denied, No. S09C2027, 2010 Ga. LEXIS 3 (Ga. 2010).

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