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Memphis, TN Historic Preservation: Historic-Cultural Monuments (2026)

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

Key Facts

Permit required
Certificate of Appropriateness for exterior work
Reviewing body
Memphis Landmarks Commission
Decision timeline
30-day review, 10 days to issue or deny
Reapplication bar
6 months after a denial
Legal basis
Tenn. Code Section 13-7-401
Penalty
Up to $50/day, each day a separate offense

Summary

Memphis and Shelby County jointly maintain a Historic Overlay District (-H) that protects buildings, structures and sites of social, economic, political or architectural significance under authority granted by Tennessee Code Section 13-7-401. Any exterior construction, alteration, relocation or demolition inside a designated -H district needs a Certificate of Appropriateness from the Memphis Landmarks Commission before the Building Official can issue a permit.

A. Purpose

1. The Historic Overlay District (-H) is intended to protect and conserve the heritage and character of the community by providing for the preservation of designated areas, including individual properties that embody important elements of social, economic, political, or architectural history, and by promoting the stabilization and enhancement of property values throughout such areas. ... C. Certificate of Appropriateness Required If a property owner within a Historic Overlay District seeks a building permit for exterior work, the owner must receive a Certificate of Appropriateness from the Landmarks Commission for such work (see Section 8.6.3, Certificate of Appropriateness).

View official code

Official source re-checked September 8, 2026: the cited page had not changed since it was quoted.

Full Breakdown

The Historic Overlay District (-H) "is intended to protect and conserve the heritage and character of the community by providing for the preservation of designated areas, including individual properties that embody important elements of social, economic, political, or architectural history, and by promoting the stabilization and enhancement of property values throughout such areas" (UDC Section 8.6.1(A)(1)). Once mapped, "in a designated Historic Overlay District, no building, structure, or site shall be constructed, altered, repaired, relocated or demolished" outside the adopted Design Review Guidelines, and an owner seeking a permit for exterior work "must receive a Certificate of Appropriateness from the Landmarks Commission for such work" (Section 8.6.1(B)-(C)).

The designation exists "in order that appropriate measures may be taken to ensure preservation of structures of historic value to the City of Memphis or Shelby County pursuant to the authority contained in Section 13-7-401 of the Tennessee Code" (Section 8.6.2(A)), so it protects landmark-worthy property in both the city and the unincorporated county, not Memphis alone. To qualify, a property must meet one of five tests: it must be "associated with events which have made a significant contribution to local, state or national history," tied to a significant person, embody "distinctive characteristics of a type, period, or method of construction," be "likely to yield archaeological information," or already be "listed in the National Register of Historic Places" (Section 8.6.2(E)).

Once an application is complete, the Landmarks Commission "shall make a decision on the appropriateness of the proposed development within 30 days" and "within ten days shall issue or deny the Certificate of Appropriateness" (Section 8.6.3(D)(1)). A denied application cannot be resubmitted in substantially the same form "for at least six months from the date of the final action" (Section 8.6.3(D)(2)).

Violations & Fines

The Building Official "shall not issue any building or other permit in a Historic Overlay District for the construction, alteration, demolition or relocation of a building, object, structure or site" without an issued Certificate of Appropriateness, and doing the work without one is itself a code violation (UDC Section 8.6.3(A)(1), (3)). Like any other Unified Development Code violation, it carries a fine of up to $50.00, with each day the violation continues charged as a separate offense, plus injunctive relief the City or County may pursue in court (Section 11.1(A)).

Frequently Asked Questions

Do I need a permit to alter the exterior of a house in a Memphis Historic Overlay District?
Yes, unless the work is ordinary repair and maintenance. UDC Section 8.6.3(A)(1) bars the Building Official from issuing any permit for the construction, alteration, demolition or relocation of a building or structure in a Historic Overlay District until the Landmarks Commission issues a Certificate of Appropriateness.
Does the Historic Overlay District cover unincorporated Shelby County, or only Memphis?
Both. Section 8.6.2(A) grounds the district in preserving "structures of historic value to the City of Memphis or Shelby County" under Tennessee Code Section 13-7-401, and the joint Zoning Map can carry -H designations anywhere in the county, not just inside Memphis city limits.
What happens if the Landmarks Commission denies my Certificate of Appropriateness application?
You cannot resubmit a substantially identical application for six months after the final denial (UDC Section 8.6.3(D)(2)). Property owners seeking demolition on economic-hardship grounds can instead pursue the separate removal-or-demolition review under Section 8.6.4, which weighs redevelopment cost, structural soundness and income history.

Sources & Official References

Other rules in Memphis

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