Kill Devil Hills, NC Historic Preservation: Historic-Cultural Monuments (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?
How long can the town delay demolition of a historic landmark?
Who enforces landmark rules in Kill Devil Hills?
Can I appeal a denied Certificate of Appropriateness?
Sources & Official References
Other rules in Kill Devil Hills
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