Decatur, AL Historic Preservation: Historic-Cultural Monuments (2026)
Key Facts
- Who designates
- City council, by ordinance, after commission hearing
- Hearing notice
- Mailed 10 to 20 days before the hearing
- Commission decision deadline
- 45 days; silence counts as approval
- Demolition delay
- Up to 180 days from approval
- Certificate validity
- 18 months, void if work not begun in six months
- Court appeal
- Morgan County Circuit Court within 15 days
Summary
In the City of Decatur, Alabama, a building, structure, site, object or work of art becomes a designated historic property only by city council ordinance, after the historic preservation commission holds a hearing. Once designated, exterior changes need a certificate of appropriateness, and demolition approval can be delayed up to 180 days.
(a)Criteria for selection. A historic property is a building, structure, site, 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 the city for one (1) of the following reasons:(1)It is an outstanding example of a structure representative of its era;(2)It is one of the few remaining examples of past architectural style;(3)It is a place or structure associated with an event or person of historic or cultural significance to the city, state or the region;(4)It is a site 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; or(5)The building or structure is an example of an architectural style, or combination of architectural styles, which is representative of the city or which is unique to the city.(b)Boundary description. Boundaries shall be shown on the official zoning map.
Full Breakdown
Article II of Chapter 18 of the Code of Decatur, Alabama, sets the process for protecting places of special historical, cultural or aesthetic value. Section 18-63 defines a historic property as a building, structure, site, object or work of art, with the adjacent area needed to appreciate it, and lists five qualifying reasons: an outstanding example of its era, one of the few remaining examples of an architectural style, an association with an event or person of historic or cultural significance, a site of natural or aesthetic interest, or an architectural style representative of or unique to the city. Boundaries appear on the official zoning map.
A designation can be proposed by the city council, by the commission, or by a historical society, neighborhood association or property owner (§ 18-64). Before recommending, the commission prepares a report with a physical description, a statement of significance, a boundary map, a boundary justification and representative photographs (§ 18-61). Written notice of the hearing is mailed to all owners and occupants not less than 10 nor more than 20 days before it. The commission recommends within 15 days after the hearing and forwards the result to the planning commission, and the city council then adopts the ordinance as proposed, amends it or rejects it. Owners and occupants get written notice within 30 days of adoption, and the commission can freeze the status of a property while a designation is pending.
After designation, no historic property can be demolished and no exterior change made without an approved certificate of appropriateness (§ 18-81). Paving a lot for parking in a historic district counts as new construction (§ 18-82), and painting previously unpainted surfaces needs a certificate (§ 18-84). The commission approves or rejects within 45 days, and silence counts as approval (§ 18-90). A certificate is void if construction does not start within six months, and it is issued for 18 months and is renewable (§ 18-95).
Violations & Fines
Work that departs from an issued certificate draws a cease and desist order from the commission, and all work stops (§ 18-94). The city council, on the commission's recommendation, can sue in a court of competent jurisdiction to block unapproved changes. A rejected certificate is binding on the building inspector, so no building permit can issue. Denials can be appealed to Morgan County Circuit Court within 15 days.
Frequently Asked Questions
How does a property become a designated historic property in Decatur?
What qualifies a Decatur building or site as a historic property?
Can a designated historic property in Decatur be demolished?
What if the commission denies my certificate of appropriateness?
Sources & Official References
Other rules in Decatur
Compare Decatur to another location·View the Alabama historic preservation overview
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