Excerpt from :"The Value of Historic District Status in Georgia "
Legal Framework
A historic district is a delineated geographic area containing a significant concentration, linkage or continuity of buildings, properties, structures, sites or objects united in historic context by past events, people, architectural design, landscape history, physical development, engineering, or have the potential to yield significant information about the past through archeological discovery (NRHP, 2004; National Register Fact Sheet, n.d.). Buildings, structures, sites and objects that meet one of these criteria are generally referred to as contributing properties; however, historic districts also may contain noncontributing properties and objects. A district, therefore, may also be comprised of “. . . individual elements separated geographically but linked by association or history.” The treatment of noncontributing properties or objects within a historic district depends upon the government authority designating the district.
Historic districts may be designated under three different legal frameworks, each with its own set of designation criteria, oversight and regulatory environments, and benefits…
National Districts
National Register-listed historic districts are designated by the federal government through listing on the National Register of Historic Places as authorized by the 1966 National Historic Preservation Act and subsequent amendments…
Listing of a district in the National Register of Historic Places provides recognition of the significance of the group of properties, structures or objects within the tightly drawn geographic boundaries of the district. It is largely honorific of contributing properties, but it does offer benefits and protections to encourage preservation. Listing causes property owners within the district to become eligible for federal and state tax incentives for rehabilitation of historic properties that adhere to preservation standards. It also qualifies owners for federal and state historic preservation grant programs. Listing of a district in the National Register of Historic Places does not regulate the use, disposition, demolition or renovation design of historic properties within the district.
Property owners maintain unrestricted property rights and are not obligated in any way unless they take advantage of a specific preservation tax incentive or grant. As such, a listing in the National Register provides little protection against demolitions, rehabilitations, or developments that may significantly alter the historic resources or character of the district. Federally funded, licensed or permitted projects must try to minimize their impact on districts listed on the National Register of Historic Places; however, the same is not required for all state and local government activities.
Georgia Register-Listed Districts
The Georgia Register of Historic Places was created in 1989 as the state analogue to the National Register of Historic Places. State historic districts are designated by listing on the Georgia Register of Historic Places. Nominations are reviewed by the HPD, then submitted to the Georgia Register Review Board, and finally submitted to the State Historic Preservation Officer for final review and approval. The Georgia Register of Historic Places employs the same criteria for eligibility as the National Register of Historic Places. The Georgia Register automatically includes any historic district listed in the National Register, but not vice versa.
Like listing in the National Register of Historic Places, listing on the Georgia Register of Historic Places does not restrict owners’ property rights. Listing facilitates review of the impact of state-funded and licensed projects on districts’ historic resources; however, it does not require additional reviews to determine the potential effects from federal, local or private projects. Georgia Register-listed districts promote preservation by making property owners eligible for property and state income tax benefits associated with qualified rehabilitation of properties.
Local Historic Districts
Local historic districts are designated by a unit of local government and are associated with the greatest level of protection and regulatory oversight. Local historic districts protect the historic character and quality of an area through specific design standards and a design review process. Prior to the issuance of a building permit, district property owners must have the proposed changes reviewed by the local historic preservation commission and approved. Proposed demolitions within the district also are reviewed and may not be allowed in cases where there exist viable preservation alternatives. Local historic district designation does not qualify property owners for tax incentives or grants unless those are specially designated by the local government.
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