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Georgia Register of Historic Places

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1. The Department of Community Affairs shall establish, maintain, and expand an inventory and register of historic places in this state, which register shall be known as the Georgia Register of Historic Places. Such register shall include:
  1. Historic property which is listed in the National Register of Historic Places pursuant to the National Historic Preservation Act (16 U.S.C. Section 470, et seq.); and
  2. Historic property which is defined as districts, sites, buildings, structures, or objects which possess integrity of location, design, setting, materials, workmanship, feeling, and association and which is determined to meet the criteria for listing in the Georgia Register of Historic Places according to the criteria outlined in regulations promulgated by the Board of Community Affairs.
The Department of Community Affairs shall be authorized to remove from the Georgia Register of Historic Places any property which no longer qualifies or meets the criteria for listing in such register.
The Department of Community Affairs shall provide an adequate and qualified state historic preservation review board designated by the state historic preservation officer.
Any person or entity may apply to the Department of Community Affairs to have property included in the Georgia Register of Historic Places. The Department of Community Affairs shall receive evidence, make investigations of such property, consult with other historic preservation experts, and obtain the recommendations of the state historic preservation review board to determine if such property should be included in the Georgia Register of Historic Places.
Any person who is aggrieved or adversely affected by any order or action of the Department of Community Affairs pursuant to this Code section shall, upon petition within 30 days after the issuance of such order or taking of such action, have a right to a hearing before an administrative law judge appointed by the Department of Community Affairs. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." The decision of the administrative law judge shall constitute the final decision of the Department of Community Affairs and any party to the hearing, including the Department of Community Affairs, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."

(Code 1981, §12-3-50.2, enacted by Ga. L. 1989, p. 1598, § 1; Ga. L. 1996, p. 6, § 12; Ga. L. 2020, p. 38, §§ 2, 9, 11/SB 473.)

The 2020 amendment, effective July 1, 2020, substituted "Department of Community Affairs" for "Division of Historic Preservation of the Department of Natural Resources" in subsection (b); substituted "Department of Community Affairs" for "Department of Natural Resources" in subsection (c); substituted "Department of Community Affairs" for "Division of Historic Preservation of the department" at the beginning of paragraph (a)(1) and twice in subsection (d); and, in subsection (e), substituted "Department of Community Affairs" for "department" twice, for "Board of Natural Resources", and for "board".

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1996, "16 U.S.C. Section 470" was substituted for "16 U.S.C. 470" in subparagraph (a)(1)(A).

Pursuant to Code Section 28-9-5, in 2020, "Board of Community Affairs" was substituted for "Board of Natural Resources" at the end of subparagraph (a)(1)(B).

Law reviews.

- For article, "The Tax Abatement Program for Historic Properties in Georgia," see 28 Ga. St. B.J. 129 (1992). For note on 1989 enactment of this Code section, see 6 Ga. St. U.L. Rev. 173 (1989).

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