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Fayetteville, NC Historic Preservation: Historic-Cultural Monuments (2026)

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

Key Facts

Authority
G.S. 160D-303 and G.S. 160D-942
Owner notice
Certified mail before public hearing
Owner objection
Written objection before hearing blocks designation
Negotiations
Require prior city council approval
Last amended
Ord. No. S2025-007, Feb. 24, 2025

Summary

Fayetteville's city council created the Historic Resources Commission under G.S. 160D-303 to designate historic structures, sites, and objects outside historic district zoning. Before any building, site, or object is designated a landmark, the owner receives certified-mail notice of the public hearing, and a written objection filed before that hearing blocks city council from designating the property at all.

The required procedures for designating a historic structure, building, sites, area, or object pursuant to G.S. 160D-944 and G.S. 160D-945 and which is located outside a historic district zoning area are supplemented as follows: 1. That the owner thereof shall receive written notice by certified mail of the public hearing. 2. If the property owner shall file written objection to the designation prior to the public hearing, then the city council shall not designate the property as historic.

Full Breakdown

S. S. 160D-942, except as this section states or as the city council or the commission's charter further limits. Appointments to the commission are made by city council under the commission's charter. S. S. 160D-945: the property owner must receive written notice of the public hearing by certified mail, and if the owner files a written objection to the designation before the hearing, the city council cannot designate the property as historic. S. 160D-942, but only after city council gives prior approval; a negotiation opened without that approval is not authorized.

The section also formally disbands the prior city historic properties commission that operated under an earlier charter, directing that its approved actions and records carry over to the successor commission. The ordinance was last amended by Ord. No. S2025-007 on February 24, 2025, replacing the commission's 1961-era charter language.

Violations & Fines

The ordinance carries no separate fine schedule of its own: it is a procedural charter for the commission, not a permit or maintenance code. The real force comes from the underlying G.S. 160D-942 designation power. Once designated, and absent a timely owner objection, a landmark falls under whatever demolition-delay and review the council attaches, enforced through the city's standard zoning and building-code violation process, not through § 2-41 itself.

Frequently Asked Questions

Can a property owner stop Fayetteville from designating their building historic?
Yes. Under § 2-41(d), once the historic resources commission proposes to designate a structure, site, or object located outside a historic district, the owner must get certified-mail notice of the public hearing. If the owner files a written objection before that hearing takes place, city council is barred from designating the property, regardless of the commission's recommendation.
Who created Fayetteville's Historic Resources Commission and what powers does it have?
City council created the commission under § 2-41(a), pursuant to G.S. 160D-303. It holds the powers, duties, and responsibilities the General Assembly assigned historic preservation commissions in G.S. 160D-942, except where § 2-41 itself narrows those powers or the council or the commission's own charter further limits them.
Can the commission negotiate directly with a property owner over a historic site?
Only with prior authorization. Section 2-41(e) allows the commission to enter negotiations under G.S. 160D-942, but only after city council approves that step in advance; the commission cannot open preservation negotiations with an owner on its own initiative.

Sources & Official References

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