O.C.G.A.

O.C.G.A. § 44-10-27 (2019)

Requirement for certificate of appropriateness; local or state actions

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) After the designation by ordinance of a historic property or of a historic district, no material change in the appearance of the historic property or of a structure, site, or work of art within the historic district shall be made or be permitted to be made by the owner or occupant thereof unless and until application for a certificate of appropriateness has been submitted to and approved by the commission. Such application shall be accompanied by such drawings, photographs, or plans as may be required by the commission. (b) The Department of Transportation and any contractors, including cities and counties, performing work funded by the Department of Transportation are exempt from this article. Local governments are exempt from the requirement of obtaining certificates of appropriateness; provided, however, that local governments shall notify the commission 45 days prior to beginning an undertaking that would otherwise require a certificate of appropriateness and allow the commission an opportunity to comment.

History

Ga. L. 1980, p. 1723, § 7.

Annotations

JUDICIAL DECISIONS City’s delay in notifying the historic preservation commission of its action to condemn property in its historic district for a road-widening project did not demonstrate bad faith with respect to the condemnation. Fowler v. City of Marietta,

233 Ga. App. 622, 504 S.E.2d 726, 1998 Ga. App. LEXIS 994 (1998), aff’d in part and rev’d in part, 271 Ga. 349, 519 S.E.2d 217, 1999 Ga. LEXIS 618 (1999), vacated, 240 Ga. App. 115, 522 S.E.2d 711, 1999 Ga. App. LEXIS 1239 (1999).

Notes of Decisions
Cited in 3 cases, 1998–2014 · leading case: Fowler v. City of Marietta, 504 S.E.2d 726 (Ga. Ct. App. 1998).
Fowler v. City of Marietta, 504 S.E.2d 726 (Ga. Ct. App. 1998). · cites it 8× “However, this sec *626 tion provides that local governments are exempt from this requirement, although they must notify the commission within 45 days of any action which would otherwise require a certificate.”
Druid Hills Civic Ass'n v. Buckler, 760 S.E.2d 194 (Ga. Ct. App. 2014). · cites it 2× “OCGA § 44-10-27 (a). The public agenda for the second hearing, held on April 13, 2011, included the Planning Commission’s staff recommendation that although the proposed plat complied with zoning requirements, the sketch plat should be rejected as incompatible with “historic…”
Robert H. Buckler v. Druid Hills Civic Ass'n, Inc. (Ga. Ct. App. 2014). · cites it 2× “OCGA § 44-10-27 (a). 3 The public agenda for the second hearing, held on April 13, 2011, included the Planning Commission’s staff recommendation that although the proposed plat complied with zoning requirements, the sketch plat should be rejected as incompatible with “historic…”
— 44-10-27(a) — 1 case
Fowler v. City of Marietta, 504 S.E.2d 726 (Ga. Ct. App. 1998). “However, this sec *626 tion provides that local governments are exempt from this requirement, although they must notify the commission within 45 days of any action which would otherwise require a certificate.”
— 44-10-27(b) — 1 case
Fowler v. City of Marietta, 504 S.E.2d 726 (Ga. Ct. App. 1998). “However, this sec *626 tion provides that local governments are exempt from this requirement, although they must notify the commission within 45 days of any action which would otherwise require a certificate.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.