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![handle is hein.sag/sagga0066 and id is 1 raw text is: a
GEORGIA D R-niENT OF LAW
40 CAPITOL SQUEA S1W
ATLANTA, GA 30334-1300
Unofficial Opinion 2014-1
To: City Attorney May 20, 2014
Re: A local Historic Preservation Commission does not have the
authority to regulate the alteration of the exterior paint color of a
building within a historic district.
As the City Attorney for the City of Roswell, you have asked for this office's
opinion about the scope of authority that the Roswell Historic Preservation
Commission (hereinafter HPC) has to regulate the 'alteration in exterior
paint color of a building within [Roswell's] historic district.1'1As legal counsel
for the City, you have already opined to the City Administrator that state
law prohibits the HPC from regulating color within the historic district.
Memorandum from David Davidson and Bob Hulsey to Kay Love (July 19,
2013). After reviewing the statutory basis for the creation of such a
commission, I agree with your legal conclusion.
I. Statutory Background
A. The National Historic Preservation Act
The National Historic Preservation Act of 1966 (16 U.S.C. § 470, hereinafter
the National Act) was enacted based, in part, on Congress' declarations
that historic properties significant to the Nation's heritage are being lost or
substantially altered, often inadvertently, with increasing frequency, and
that the preservation of this irreplaceable heritage is in the public interest so
that its vital legacy of cultural, educational, aesthetic, inspirational,
economic, and energy benefits will be maintained and enriched for future
generations of Americans. 16 U.S.C. § 470(b)(3) and (4). In order to
encourage the preservation of historic properties, the National Act
established a policy and program to assist State and local governments . . .
to expand and accelerate their historic preservation programs and activities.
16 U.S.C. § 470-1(6).
To accomplish this, the National Act provides for the approval of State
Historic Preservation Programs. 16 U.S.C. § 470a(b). Approval under the
National Act gives states access to federal aid in the form of grants and
other assistance from the U.S. Department of the Interior for the purpose of
maintaining historic preservation programs. Similarly, the National Act
authorizes the State Historic Preservation Officer to certify local
governments to carry out the purposes of [the National Act]. 16 U.S.C.
§ 470a(c)(1).
B. Georqia's Historic Preservation Statutes](ViewImageLocal?handle=hein.sag/sagga0066&div=1&collection=&method=preview&ext=.png&size=3)