§ 44-10-20. Short Title
This article shall be known and may be cited as the “Georgia Historic Preservation Act.” History. Ga. L. 1980, p. 1723, § 1. Law reviews. For annual survey of law on real property, see 62 Mercer L. Rev. 283 (2010).
§ 44-10-21. Legislative Purpose; Intent
The General Assembly finds that the historical, cultural, and esthetic heritage of this state is among its most valued and important assets and that the preservation of this heritage is essential to the promotion of the health, prosperity, and general welfare of the people. Therefore, in order to stimulate the revitalization of central business districts […]
§ 44-10-22. Definitions
As used in this article, the term: “Certificate of appropriateness” means a document approving a proposal to make a material change in the appearance of a designated historic property or of a structure, site, or work of art located within a designated historic district, which document must be obtained from a historic preservation commission before […]
§ 44-10-23. Exemptions
Cities or counties which have adopted ordinances relative to planning and zoning for historic purposes as of March 31, 1980, under authority granted by a local constitutional amendment or by any other means, including cities or counties which have subsequently replaced or amended in whole or in part such ordinances, shall not be required to […]
§ 44-10-24. Establishment or Designation of Historic Preservation Commission; Number, Eligibility, and Terms of Members
The local governing body of a municipality or county electing to enact an ordinance to provide for the protection, enhancement, perpetuation, or use of historic properties or historic districts shall establish or designate a historic preservation commission. Such local governing body shall determine the number of members of the commission, which shall be at least […]
§ 44-10-25. Powers and Duties of Historic Preservation Commission
Any municipal, county, or joint historic preservation commission appointed or designated pursuant to Code Section 44-10-24 shall be authorized to: Prepare an inventory of all property within its respective historic preservation jurisdiction having the potential for designation as historic property; Recommend to the municipal or county local governing body specific places, districts, sites, buildings, structures, […]
§ 44-10-26. Designation by Ordinance of Historic Properties or Districts; Required Provisions; Investigation and Report; Submittal to Department of Community Affairs; Notice and Hearing; Notification of Owners
Ordinances adopted by local governing bodies to designate historic properties or historic districts shall be subject to the following requirements: 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 […]
§ 44-10-27. Requirement for Certificate of Appropriateness; Local or State Actions
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 […]
§ 44-10-28. Review of Applications; Procedure; Approval, Modification, or Rejection; Negotiations for Acquisitions; Variances; Appeals
Prior to reviewing an application for a certificate of appropriateness, the commission shall take such action as may reasonably be required to inform the owners of any property likely to be affected materially by the application and shall give the applicant and such owners an opportunity to be heard. In cases where the commission deems […]
§ 44-10-29. Certain Changes or Uses Not Prohibited
Nothing in this article shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on a historic property, which maintenance or repair does not involve a material change in design, material, or outer appearance thereof, nor to prevent any property owner from making any use of his property […]
§ 44-10-30. Court Action or Proceedings to Prevent Improper Changes or Illegal Acts or Conduct
The municipal or county governing body or the historic preservation commission shall be authorized to institute any appropriate action or proceeding in a court of competent jurisdiction to prevent any material change in the appearance of a designated historic property or historic district, except those changes made in compliance with the provisions of an ordinance […]
§ 44-10-31. Violations of This Article; Penalties
Violations of any ordinance adopted in conformity with this article shall be punished in the same manner as provided by charter or local law for the punishment of violations of other validly enacted municipal or county ordinances. History. Ga. L. 1980, p. 1723, § 10.