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Kill Devil Hills, NC Historic Preservation: Historic-Cultural Monuments (2026)

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

Key Facts

Reviewing body
5-member Historic Landmarks Commission
Permit required
Certificate of Appropriateness for exterior work
Decision deadline
90 days or deemed approved
Neighbor notice
Certified mail, 100-foot radius
Demolition delay
Up to 365 days for negotiation
Enforcement
Zoning Administrator, § 31.47

Summary

In the Town of Kill Devil Hills, North Carolina, the Historic Landmarks Commission designates buildings, sites and objects of special historical, architectural or cultural significance as landmarks, and once designated, no exterior alteration, move or demolition can happen without a Commission-issued Certificate of Appropriateness.

§ 31.43 CERTIFICATE OF APPROPRIATENESS. ... (B) Certificate of Appropriateness required. (1) From and after the designation of a landmark, no exterior portion of any building or other structure (including masonry walls, fences, light fixtures, steps and pavement, or other appurtenant features), nor any above-ground utility structure nor any type of outdoor advertising sign shall be erected, altered, restored, moved or demolished on such landmark until after an application for a Certificate of Appropriateness as to exterior features has been submitted to and approved by the Commission. Such a certificate is required to be issued by the Commission prior to the issuance of a building permit or other permit granted for the purposed of construction, altering, moving, or demolishing structures, which certificate may be issued subject to reasonable conditions necessary to carry out the purposes of this subchapter.

Full Breakdown

S. 42. A property qualifies only if the Commission finds it of special significance in its historical, prehistoric, design, setting, workmanship, materials, feeling or association. Before adoption, the Commission's report goes to the Division of Archives and History for a 30-day comment period, and after adoption the ordinance is filed with the Dare County Register of Deeds, the Town Clerk and the building inspector, and flagged on Dare County tax maps. 43 requires a Certificate of Appropriateness before any exterior work, including masonry walls, fences, light fixtures, steps, pavement, above-ground utility structures or outdoor advertising signs, is erected, altered, restored, moved or demolished, even the State of North Carolina and public utilities need one.

Applications go through the Planning and Inspection Department to the Zoning Administrator two weeks before a Commission meeting, and the Zoning Administrator must notify neighbors within 100 feet by certified mail; the Commission has 90 days to act or the certificate is deemed approved. 44. 48 lets the Commission delay a demolition certificate up to 365 days (reduced for extreme hardship) or, for a proposed-but-unfinished designation, up to 180 days, to negotiate preservation with the owner.

Violations & Fines

Under § 31.47, failure to comply with an issued Certificate of Appropriateness is a violation of the Zoning Code, enforced by the Zoning Administrator and subject to the Zoning Code's established penalties and procedures. If a designated landmark is about to be demolished, materially altered, remodeled, removed or destroyed without compliance, whether through deliberate neglect or otherwise, the Board of Commissioners, the Commission or any other aggrieved party may bring a court action to prevent, restrain, correct or abate the violation. Appeals from a Certificate of Appropriateness decision go to the Board of Adjustment within 30 days, then to Dare County Superior Court.

Frequently Asked Questions

Do I need a permit to repaint or replace a fence on a designated landmark in Kill Devil Hills?
Yes. Section 31.43(B) requires a Certificate of Appropriateness before any exterior feature of a designated landmark, including masonry walls, fences, light fixtures, steps and pavement, is erected, altered, restored, moved or demolished, whether or not a building permit is also required.
How long can the town delay demolition of a historic landmark?
Section 31.48(A)(1) allows the Historic Landmarks Commission to delay the effective date of a demolition certificate up to 365 days from approval so it can negotiate preservation options with the owner, though the delay is shortened if the owner shows extreme hardship.
Who enforces landmark rules in Kill Devil Hills?
The Zoning Administrator enforces Certificate of Appropriateness compliance under § 31.47, and a violation is treated as a Zoning Code violation subject to its penalties and procedures.
Can I appeal a denied Certificate of Appropriateness?
Yes. Section 31.43(E)(3) lets an aggrieved party appeal to the Board of Adjustment within 30 days of the decision, with further appeal by certiorari to the Superior Court of Dare County.

Sources & Official References

Other rules in Kill Devil Hills

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