Durham, NC Historic Preservation: Historic-Cultural Monuments (2026)
Key Facts
- Governing section
- UDO Sec. 3.16.3, Designation of Historic Landmark
- Owner consent
- Required before any designation
- Post-designation permit
- Certificate of Appropriateness (COA) required
- Demolition delay
- Up to 365 days, HPC may waive
- Base civil penalty
- $500 per violation, plus daily penalties
- Appeal route
- Certiorari to Durham County Superior Court
Summary
Durham designates historic landmarks under UDO Sec. 3.16.3: the Historic Preservation Commission and City Council review integrity, significance, and National Register or Statewide Significance status, and no property is designated without the owner's written consent. Once designated, exterior work needs a Certificate of Appropriateness before it can proceed.
A building, structure, site, area or object may be considered for designation as an historic landmark only if all of the following three criteria are met: The property must not currently be undergoing renovation unless it has been approved for state or federal tax credits in accordance with the Secretary of Interior Standards; The HPC must deem and find that the building, structure, site, area, or object meets at least one of the three following criteria: Individual listing on the National Register of Historic Places or on the Study List; Statewide Significance status granted by the State Historic Preservation Office; Integrity of location, design, setting, materials, and workmanship, feeling and association on the whole... The governing body must deem and find that the property possesses distinction within the context or period of significance. A property shall be designated as a historic landmark only with the consent of the property owner or owners.
Full Breakdown
Under Sec. 3 of Durham's Unified Development Ordinance, an application for historic landmark status goes through the Historic Preservation Commission (HPC), which under NCGS §160D-946 investigates the property's historical, architectural, or cultural significance and forwards its report to the State Historic Preservation Office. A property qualifies only if it is not mid-renovation (unless already approved for state or federal tax credits), and meets at least one of three tests: individual listing on the National Register of Historic Places or Study List, Statewide Significance status from the State Historic Preservation Office, or documented integrity of location, design, setting, materials and association tied to significant local, regional or national history.
Critically, Sec. 3 also requires the property owner's consent before designation can occur -- Durham cannot landmark a building over an owner's objection. After the HPC holds a public hearing under Sec. 5 and recommends action, the City Council (for property inside Durham's zoning jurisdiction) adopts the designation ordinance, which must include a legal description, tax parcel number, the owner's name, and the specific elements protected (interior, exterior, outbuildings, or site). The Planning Director notifies owners and occupants, records the designation with the Durham County Register of Deeds and Tax Supervisor, and may place a marker on the property with the owner's consent.
Once designated, Sec. 1 requires a Certificate of Appropriateness (COA) from the HPC before any exterior feature -- walls, fences, light fixtures, signs, landscaping -- is erected, altered, moved or demolished, and Sec. 6 lets the HPC delay a demolition COA up to 365 days to negotiate preservation options. The UDO is jointly adopted by the City of Durham and Durham County, but designation under this section is made by each governing body only for property within its own zoning jurisdiction, so a City Council landmark designation reaches property inside Durham's city limits.
Violations & Fines
Sec. 3.17.10 makes noncompliance with an approved COA, or starting exterior work without one, a violation of the Ordinance enforceable under Article 15. The Inspections Director enforces COA compliance, and stopping work for six months is itself treated as a COA violation. Under Sec. 15.4, the Planning Director may issue a citation and impose a civil penalty of up to $500 per violation, with a separate daily civil penalty for continuing violations after an initial citation goes unpaid. Unpaid penalties can be pursued as a civil debt action in court under Sec. 15.3.5, and the City may also seek an injunction or order of abatement. COA decisions are appealable by petition for certiorari to Durham County Superior Court under Sec. 3.17.11.
Frequently Asked Questions
Can Durham designate my property as a historic landmark without my consent?
What happens after my property becomes a Durham historic landmark?
What is the penalty for altering a landmark without a COA?
Can the HPC block demolition of my landmark property forever?
Sources & Official References
Other rules in Durham
Compare Durham to another location·View the North Carolina historic preservation overview
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