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Bartow County, GA Historic Preservation: Historic-Cultural Monuments (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

District
Etowah Valley Historic District overlay
Boundary map dated
August 6, 2003
Survey required
for all development except single-family homes
Review fee surcharge
$150 (§7.17.11)
Appeal deadline
15 days to Board of Appeals
Human remains
county permit required to disturb (§7.17.9)

Summary

The Etowah Valley Historic District overlay protects historical and cultural artifacts and sacred locations of the Muscogee (Creek) Nation and Eastern Band of the Cherokee Nation across mapped unincorporated Bartow County land along the Etowah River. Zoning Ordinance Sec. 7.17.9 bars knowingly disturbing a known cemetery, burial ground, human remains or burial object without a county permit.

These county ordinances apply to unincorporated areas of Bartow County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

7.17.1 Purpose. It is the purpose and intent of Bartow County in enacting these regulations to provide for the identification of and protection of historical and cultural artifacts and sacred locations of the Muscogee (Creek) Nation and the Eastern Band of the Cherokee Nation, which are two Native American Nations that are historically connected to the Etowah River Valley (referred to collectively as "Native American Nations"). ... 7.17.9 Human Remains, Cemeteries and Burial Grounds. No known cemetery, burial ground, human remains, or burial object (as those terms are defined in O.C.G.A. § 36-72-2) shall be knowingly disturbed by the owner or occupier of the land on which the cemetery or burial ground is located for the purposes of developing or changing the use of any part of such land unless a permit is first obtained from Bartow County pursuant to the provisions of O.C.G.A. § 36-72-1 et seq., which are incorporated herein by reference. Any discovery of any human remains, cemetery, burial ground or burial object must be reported to the Zoning Administrator and the Native American Nations.

Full Breakdown

The Etowah Valley Historic District, established by Sec. 2 as a zoning overlay on top of the underlying district, covers a mapped area of unincorporated Bartow County along the Etowah River, with boundaries fixed on a map dated August 6, 2003 kept on file with the Zoning Administrator at 135 W. Cherokee Avenue, Cartersville. Sec. 1 states its purpose as identifying and protecting the historical and cultural artifacts and sacred locations of the Muscogee (Creek) Nation and the Eastern Band of the Cherokee Nation, and any rezoning or land use map amendment inside the district requires certified-mail notice to both Nations at least 30 days before a Planning Commission hearing under Sec.

4. Any development or land-disturbance permit application other than a single-family home on a single lot requires a commissioned archaeological survey by a qualified archaeologist under Sec. 5, with the survey and application shared with the Nations, who get 30 days to comment or submit a competing survey. If the applicant's archaeologist and a Nation's archaeologist disagree over whether a site is significant, Sec. 7 sends both surveys to the Georgia Department of Natural Resources' Historic Preservation Division for a binding recommendation. Sec. by reference, and requires any discovery to be reported to the Zoning Administrator and the Nations.

Sec. 11 adds a $150 surcharge fee on top of the normal application fee for any land use map amendment, rezoning or development review inside the district, and Sec. 12 gives an aggrieved party 15 days to appeal the Zoning Administrator's decision to the Board of Appeals.

Violations & Fines

Disturbing a known cemetery, burial ground, human remains or burial object without first obtaining the required county permit violates Sec. 7.17.9, and filing a development or land-disturbance application in the Etowah Valley Historic District without the mandatory archaeological survey and Nation notification under Sec. 7.17.5 means the County will not accept the application. The Zoning Administrator can withhold permit approval until notice, survey and comment requirements are satisfied.

Frequently Asked Questions

What protections apply in Bartow County's Etowah Valley Historic District?
The overlay district, set by Zoning Ordinance Sec. 7.17, requires an archaeological survey and 30-day notice to the Muscogee (Creek) Nation and Eastern Band of the Cherokee Nation before most development or land disturbance, and Sec. 7.17.9 separately bars knowingly disturbing a known cemetery, burial ground, human remains or burial object without a county permit.
Do I need a survey to build a single-family home in the district?
No. Sec. 7.17.5 exempts an applicant seeking only to erect a single-family residence on a single lot from the archaeological survey requirement. Every other development or land-disturbance permit application inside the mapped Etowah Valley Historic District needs a commissioned survey by a qualified archaeologist before the County will accept it.
What happens if human remains are found during construction?
Sec. 7.17.9 requires the discovery of any human remains, cemetery, burial ground or burial object to be reported to the Zoning Administrator and the Native American Nations, and disturbing a known one without first obtaining a county permit under O.C.G.A. § 36-72-1 et seq., incorporated by reference, is prohibited.

Sources & Official References

Other rules in Bartow County

All Bartow County rules

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