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Birmingham, AL Historic Preservation: Historic-Cultural Monuments (2026)

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

Key Facts

Who designates
City Council, by ordinance
Who nominates
Birmingham Historical Commission only
Eligibility test
National Register listing/eligibility or Ala. Code Sec. 11-68-1
Required before alteration
Certificate of appropriateness from Design Review Committee
Demolition hold
Up to 12 months while incentives considered
Penalty
Misdemeanor, separate offense per day

Summary

Birmingham's City Council can designate any individual property, or a whole geographic area, as a local historic property or district under Code of Ordinances Sec. 7-1-414, entering its boundaries on the official zoning map. Eligibility tracks National Register criteria or the state's own historic-preservation statute, and only the Birmingham Historical Commission can recommend a nomination to the Council.

(a)Designation of local historic property or district. The city council may designate by ordinance an individual property as a historic property, or a geographic area as a historic district, and such indication of the type and boundaries of any such area shall be entered on the official zoning map.(b)Initiation of requests to designate a local historic property or district. Requests for any property or district to be nominated as a historic property or district shall be directed only to the BHC which alone will recommend nomination to the city council...(c)Eligibility of a property or district for local historic designation. Any property or district may be considered for nomination when the property or district is listed on the National Register of Historic Places, or which, in the opinion of the BHC, meets the guidelines for inclusion on the National Register of Historic Places; is determined by the state historic preservation officer to be eligible for inclusion on the National Register of Historic Places; or meets one or more of the criteria established in Code of Ala. 1975, § 11-68-1 et seq.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 3).

Full Breakdown

Section 7-1-414 lets the city council designate, by ordinance, an individual property as a historic property or a geographic area as a historic district, with the boundaries entered on the official zoning map. Only the Birmingham Historical Commission (BHC), an 11-member body established under Section 7-1-413, can recommend that nomination to the council, though any individual or organization may first submit a request to the BHC. A property or district qualifies for local designation if it is listed on the National Register of Historic Places, if the BHC believes it meets National Register guidelines, if the state historic preservation officer finds it eligible, or if it meets a criterion in Code of Ala.

1975, Sec. 11-68-1 et seq. Before recommending designation, the BHC must commission a historical survey by a professional historian or preservationist, adopt a written preservation plan for any district, and hold a public hearing with mailed notice to record owners at least 15 days ahead. The city council then holds its own public hearing, with the same 15-day mailed notice and newspaper publication of the full ordinance text at least 22 days before the hearing. Once a property or district is designated, Section 7-1-415 requires a certificate of appropriateness from the Design Review Committee, or a waiver, before any exterior alteration, demolition, move, or repainting, and Section 7-1-417 lets the city withhold a demolition permit on a designated historic building for up to 12 months while it considers financial incentives to preserve it.

Violations & Fines

Under Section 7-1-418, altering a designated historic property or district without an approved certificate of appropriateness is a violation subject to a written citation and a 30-day compliance deadline from the Department of Planning, Engineering and Permits. Failing to comply, or completing work that departs from approved plans, is a misdemeanor, with each day the violation continues a separate offense punished under Section 1-1-6 of the General Code.

Frequently Asked Questions

Who can nominate a Birmingham building as a local historic landmark?
Only the Birmingham Historical Commission can recommend a nomination to the city council, though any individual or organization can submit a request asking the Commission to consider a property or district under Section 7-1-414. The Commission must first order a historical survey establishing the property's historical or architectural significance.
Do I need approval to repaint a designated historic building in Birmingham?
Yes. Section 7-1-415 requires a certificate of appropriateness from the Design Review Committee, or a waiver from the Department of Planning, Engineering and Permits, before any exterior alteration, restoration, move, demolition, or painting of an originally unpainted surface on a designated historic property or within a historic district.
Can the city block demolition of a historic Birmingham building?
Yes, temporarily. Section 7-1-417 lets the city deny a demolition permit for a designated historic property for up to 12 months from the denial date, while the city and the Birmingham Historical Commission consider whether financial incentives can be offered to preserve the building instead.

Sources & Official References

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