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

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

Key Facts

Reviewing body
Clayton County Historic Preservation Commission
Commission size
7 members appointed by Board of Commissioners
Who may apply
Historical society, property owner, or Board
State review window
30 days for DNR Historic Preservation Office comment
Post-adoption owner notice
Within 30 days of designation
Alteration delay during pending designation
Up to 60 days

Summary

Clayton County can designate a building, structure, site, or work of art as a protected "landmark" if it is architecturally outstanding, historically or culturally significant, or a rare surviving example of its style. Once designated, altering it requires a certificate of appropriateness from the Historic Preservation Commission.

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

(c)Designation of a landmark. The following provisions apply to the designation of landmarks:(1)Criteria for selection of landmarks. A landmark is a building, structure, site, place, object, or work of art, including the adjacent area necessary for the proper appreciation or use thereof, deemed worthy of preservation by reason of value to Clayton County, State of Georgia, or local region for one or more of the following reasons:a.It is an outstanding example of a building, structure, object, or work of art representative of its era;b.It is one of the few remaining examples of past architectural style;c.It is a place, building, site, object, work of art or structure associated with an event or a person of historic or cultural significance to Clayton County, State of Georgia, or the region.d.It is a site or place of natural or aesthetic interest that is continuing to contribute to the cultural or historical development and heritage of the municipality, county, state or region.

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 104).

Full Breakdown

Sec. 74-53(c)(1) sets four alternative qualifying grounds for landmark status: the property is an outstanding example of a building, structure, object, or work of art representative of its era; it is one of the few remaining examples of a past architectural style; it is associated with an event or person of historic or cultural significance to the county, state, or region; or it is a site of natural or aesthetic interest that continues to contribute to the area's cultural or historical development. Only one ground needs to apply.

A historical society, property owner, or the Board of Commissioners can apply to the seven-member Historic Preservation Commission for the designation (Sec. 74-53(d)(1)(b)), which is administered by the Clayton County Planning Department. The Commission must hold a public hearing, recommend approval, conditional approval, or denial to the Board of Commissioners, and notify the state Historic Preservation Office of the Department of Natural Resources before the Board's own hearing, giving that office 30 days to comment (Sec. 74-53(d)(6)). Notice of the hearings runs in the county's legal organ or a newspaper of general circulation for at least three consecutive issues, published 10 to 20 days before the hearing, and owners get individual mailed notice.

Once designated, the property is shown on the official zoning map, and owners get 30 days' written notice after adoption that a certificate of appropriateness will be required before any material exterior change (Sec. 74-53(d)(8)). While a designation ordinance is pending, the Commission can delay any alteration or demolition application for up to 60 days (Sec. 74-53(d)(10)).

Violations & Fines

Violations of the historic preservation chapter, including altering a designated landmark without a certificate of appropriateness, are punished as provided in Sec. 1-1-5 of the Code (Sec. 74-58). The Board of Commissioners can also rescind a landmark's designation outright, but only after receiving a recommendation from the Historic Preservation Commission and holding a public hearing noticed the same way as the original designation (Sec. 74-53(d)(11)).

Frequently Asked Questions

What makes a building eligible for landmark status in Clayton County?
Sec. 74-53(c)(1) requires only one of four qualifying grounds: being an outstanding example of its architectural era, one of few surviving examples of a past style, tied to a historically or culturally significant event or person, or a site of ongoing natural or aesthetic significance to the county, state, or region.
Who can nominate a property as a county landmark?
A historical society, the property owner, or the Board of Commissioners may apply to the Historic Preservation Commission for landmark designation under Sec. 74-53(d)(1)(b). The Commission then holds a public hearing before recommending action to the Board.
Do I need approval before altering a designated landmark?
Yes. Once designated and given written notice, the owner must obtain a certificate of appropriateness from the Historic Preservation Commission before any material change in the property's appearance, per Sec. 74-53(d)(8), and violations are punished under Sec. 1-1-5 of the Code.

Sources & Official References

Other rules in Clayton County

All Clayton County rules

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