Burlington, NC Historic Preservation: Historic-Cultural Monuments (2026)
Key Facts
- Governing section
- City Code § 37-10(c)(1)
- Who decides
- City Council, after public hearing
- Protected designations
- Local landmark, National Register, historic district
- Effect
- Vacate-and-close only, not demolition
- Condition
- Building not condemned as unsafe
- Dwelling counterpart
- § 14-21(e), G.S. 160D-1203(3)(b)
Summary
In the City of Burlington, North Carolina, a nonresidential building designated as a local historic landmark, listed on the National Register, or standing in a locally designated historic district gets special protection from the city's usual repair-or-demolish process. Under section 37-10(c)(1), the city council must hold a public hearing and find the structure individually significant before an unsafe-building order can even require it to be vacated and closed.
(c)Limitations on orders.(1)Notwithstanding any other provision of law, if the nonresidential building or structure is designated as a local historic landmark, listed in the National Register of Historic Places, or located in a locally designated historic district or in a historic district listed in the National Register of Historic Places and the city council determines, after a public hearing as provided by ordinance, that the nonresidential building or structure is of individual significance or contributes to maintaining the character of the district, and the nonresidential building or structure has not been condemned as unsafe, the order may require that the nonresidential building or structure be vacated and closed until it is brought into compliance with the minimum standards established by the city council.
Full Breakdown
Chapter 37 lets Burlington's building inspector order repair, alteration, vacating or demolition of any nonresidential structure that fails the minimum standards in section 37-5. Section 37-10 adds a carve-out for historically significant properties. Under subsection (c)(1), if the building is designated a local historic landmark, listed on the National Register of Historic Places, or sits within a locally designated historic district or a National Register historic district, the city council must first hold a public hearing and determine that the structure is individually significant or contributes to the district's character.
Only after that finding, and only if the building has not been condemned as unsafe, can an order require it to be vacated and closed rather than demolished outright. The companion provision for dwellings, section 14-21(e), works the same way: if a historic district commission determines after a public hearing that a residence is of particular significance or value to the district's character, and the dwelling has not been condemned as unsafe, an unfit-housing order may likewise require only that it be vacated and closed, citing G.S.
160D-1203(3)(b). Section 37-10(c)(2) adds a parallel limit for vacant manufacturing facilities and industrial warehouses: an order cannot force repairs meant to preserve the original use, only vacating and closing, unless repairs are needed for structural integrity or to abate a health or safety hazard. Together these provisions mean Burlington cannot fast-track demolition of a landmark building or house the same way it can an ordinary derelict structure.
Violations & Fines
There is no separate penalty specific to the historic-landmark limitation itself; it restrains what the city can order rather than creating a new offense. If an owner of a designated landmark ignores a lawful vacate-and-close order, however, the general enforcement track in sections 37-12 through 37-19 still applies, including Class 3 misdemeanor charges for illegal occupancy of a posted building and civil penalties starting at $300 and capped at $5,000.
Frequently Asked Questions
Can Burlington still demolish a designated historic landmark?
Does this protection cover houses as well as commercial buildings?
Who makes the significance finding?
Sources & Official References
Other rules in Burlington
Compare Burlington to another location·View the North Carolina historic preservation overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.