“The historical heritage of our State is one of our most valued and important assets.” That’s what the state law says. And state law authorizes municipalities and counties to safeguard that heritage and promote the use and conservation of North Carolina’s historic landmarks and districts (G.S. 160D-940). 

The local historic preservation commission (the “preservation commission”) is essential to that work of preservation: the local government must establish a preservation commission before it designates any historic landmark or historic district.

This blog explores the composition and authority of the preservation commission.

The details of preservation commission authority are outlined in Article 9 of Chapter 160D, starting at Section 940. Article 3 details the composition and form of preservation commissions.  

Duties and Powers

State law authorizes the preservation commission to perform a range of activities that fall into three overarching categories: (i) identify historic and cultural resources; (ii) protect historic and cultural resources; and (iii) advocate and cooperate for historic and cultural preservation.  

G.S. 160D-942 authorizes a preservation commission to:

Identify 

• Inventory properties of historical, prehistorical, architectural, and/or cultural significance.
• Recommend areas to be designated as historic districts and structures, buildings, sites, areas, or objects to be designated by ordinance as landmarks. (discussed more in this blog)
• Recommend revocation of designation of a landmark, district, or portion of a district
• Enter onto property for examination or survey (subject to legal and practical limits)

Protect

• Review proposed changes to designated properties and decide on certificates of appropriateness (discussed more in a forthcoming blog)
• Negotiate with owners for acquisition or preservation of a structure, site, or object.
• Acquire properties within districts or properties designated as landmarks
• Restore, preserve, and operate historic properties.

Advocate and Cooperate

• Prepare and recommend a preservation element for the local comprehensive plan
• Conduct an educational program regarding historic properties and districts within its jurisdiction.
• Cooperate with the State, federal, and local governments for historic preservation purposes (including the governing board contracting with the State or federal government for historic preservation purposes).

State law authorizes these wide-ranging activities for preservation commissions, but note that these powers are dependent on explicit authorization by the local governing board. For example, while state law allows for a historic preservation commission to acquire property, the local governing board would need to authorize such action and appropriate funds.

State law places an affirmative duty on the preservation commission to inventory historic resources in the community: “the preservation commission shall undertake, at the earliest possible time and consistent with the resources available to it, an inventory of properties of historical, architectural, prehistorical, and cultural significance within its jurisdiction. The inventories and any additions or revisions to them shall be submitted as expeditiously as possible to the Office of Archives and History” (G.S. 160D‑946).

Composition

State law gives some guidance on the composition of a preservation commission but leaves a fair bit of flexibility for the local government to set the specific parameters. The main requirement is expertise. A majority of the commission must have “demonstrated special interest, experience, or education in history, architecture, archaeology, or related fields” (G.S. 160D-303).

As for the number of members, a preservation commission must have at least three members, but could have more North Carolina’s Certified Local Government Program—a program to train and support local preservation commissions—requires at least five members. Members serve terms no greater than four year, but there is no specification about the number of terms. All members must reside within the development regulation jurisdiction. For a municipality, that would be the corporate limits plus any extraterritorial jurisdiction (ETJ); for a county, that would be the areas outside of incorporated municipalities and ETJ (G.S. 160D-303).

If a historic district or designated landmark is in the ETJ of a municipality, that municipality’s historic preservation must include proportional representation for the ETJ area, similar to the requirements for planning boards and boards of adjustment. G.S. 160D-307 provides further guidance on proportional representation.

As with other appointed boards and commissions, the local governing board has authority to make appointments to the commission. The governing board may establish reasonable procedures for soliciting, reviewing, and making those appointments (G.S. 160D-310).

Members take an oath of office before beginning service (G.S. 160D‑309).

Alternative Forms

The governing board may choose a different structure for the local historic preservation commission (G.S. 160D-303). A local governing board, for example, may establish separate commissions, one for districts and one for landmarks. The local governing board may designate the planning board or community appearance commission to serve as the preservation commission. When the planning commission or community appearance commission serves as the preservation commission, it must still include at least three members with the demonstrated experience in related fields. Alternatively, the local governing board may establish a joint commission between multiple local governments, such as a joint city-county commission.

The preservation commission also may appoint advisory committees as it deems appropriate.

Rules of Procedure

Like other appointed boards and commissions, a preservation commission needs rules of procedure to guide meetings and decision-making (G.S. 160D-308). The local governing board may adopt rules for the commission, but if not, then the commission can adopt rules itself. The rules of procedure must be maintained by the local government clerk (or other designated official) and posted on the local government website (if there is one).

Appropriations and Reimbursements

The local governing board may appropriate funds to a historic preservation commission for the operations of the commission. Additionally, the local governing board may appropriate funds for the “acquisition, restoration, preservation, operation, and management” of historic properties by the preservation commission (G.S. 160D-943).

As for reimbursement and compensation, “[m]embers of the commission may be reimbursed for actual expenses incidental to the performance of their duties within the limits of any funds available to the commission but shall serve without pay unless otherwise provided in the ordinance establishing the commission” (G.S. 160D-303).

Conclusion

The local historic preservation commission is a key body for the work of historic and cultural preservation in North Carolina. State law authorizes preservation commissions to identify, protect, and advocate for the historic and cultural resources in local communities. State law outlines the basic framework for the composition and powers of the commission but leaves notable discretion for the local governing board.