Bartow County, GA Historic Preservation: Historic-Cultural Monuments (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.
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?
Do I need a survey to build a single-family home in the district?
What happens if human remains are found during construction?
Sources & Official References
Other rules in Bartow County
Compare Bartow County to another location·View the Georgia historic preservation overview
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