Alabama Administrative Code Chapter 460-X-3 — Alabama Register Of Landmarks And Heritage

460 Alabama Historical Commission

Ala. Admin. Code r. 460-X-3-.01 Program Description

The Alabama Register of Landmarks and Heritage is Alabama's official list of places of historic, architectural, archaeological, and/or cultural significance. Buildings, structures, sites, object, and districts can be listed in the Alabama Register. The Alabama Historical Commission manages the program. Anyone can nominate a property to the Alabama Register. Property owner permission is encouraged but not required. However, for owners who object, these nominations will be considered on a case-by-case basis. Commission staff determines if the nominated property meets the established criteria and the property is added to the register if said criteria is met.

History

• Author: David Hughes; Lee Anne Hewett
• Authority: Code of Ala. 1975, §41-9-249(10).
• Filed September 22, 1982. Amended: Published October 31, 2024; effective December 15, 2024.

Ala. Admin. Code r. 460-X-3-.02 Register Criteria

(1) The Alabama Historical Commission developed the following criteria to guide applicants in preparing nominations to the Alabama Register of Landmarks and Heritage. Landmarks from Alabama's history, architecture, archaeology and culture are eligible and may be buildings, structures, historic districts, objects, and sites. A demolished property cannot be listed in the Alabama Register unless archaeological significance is determined (see (d) below). Properties that can be nominated for listing in the Alabama Register should:

(a) have achieved historical significance at least 40 years ago; and

(b) retain physical integrity through retention of historic materials, appearance, design, and other physical features; and

(c) is associated with at least one of the following:

1. an important event or historical trend; or

2. the lives of persons significant in a community, county, state, or nation whose specific contributions to history can be identified and documented; or

3. an important architectural or engineering design; or it represents the work of a master; or it is a distinguishable entity although its components may lack individual distinction; or

4. likely to yield information important in history or prehistory (e.g. an archaeological site that has been used as a source of data and contains more, as yet unretrieved data; a property that has not yet yielded information but, through testing or research, is determined a likely source of data).

(2) Usually, properties that have been moved from their original locations, reconstructed historic buildings, and properties that are less than 40 years old are not eligible for inclusion in the Alabama Register unless they are contributing elements to an historic district that meets the criteria for inclusion in the Alabama Register or if they fall within the following categories:

(a) a building that required being moved from its original location but which has been sensitively relocated to a site similar to the original and is significant primarily for architectural value, or if it is the surviving structure most importantly associated with an event, trend, or person; or

(b) a reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; or

(c) a property that is less than 40 years old but is of exceptional importance to the state.

History

• Author: David Hughes; Lee Anne Hewett
• Authority: Code of Ala. 1975, §41-9-249(10).
• Filed September 22, 1982. Amended: Published October 31, 2024; effective December 15, 2024.

Ala. Admin. Code r. 460-X-3-.03 Effects Of Register Listing

Alabama Register listing is a strictly honorary designation. It encourages but does not require preservation of the property.

(1) Listing in the Alabama Register does not:

(a) prevent an owner from renovating or demolishing buildings;

(b) require an owner to restore or renovate the property;

(c) restrict the owner's use of the property;

(d) require public access to the property; or

(e) increase property value or taxes.

(2) It should be noted that after a property is listed, if it drastically changes and loses the characteristics that made it historically significant and eligible for listing, Commission staff may remove the property from the Alabama Register.

History

• Author: Lee Anne Hewett
• Authority: Code of Ala. 1975, §41-9-249(10).
• Filed September 22, 1982. Amended: Published October 31, 2024; effective December 15, 2024.

Ala. Admin. Code r. 460-X-3-.04 Register Forms

Alabama Historical Commission staff will provide guidance on the process to nominate a property to the Alabama Register at no charge. Preliminary information about a property may be required by the Commission before it can be nominated. An applicant is required to submit information including but not limited to the property name, location, ownership, physical description and historical characteristics, and a written narrative that fully explains the history of the property and the reasons the property should be listed in the Alabama Register. All submitted information will become the property of the Alabama Historical Commission and be made available to the public.

History

• Author: David Hughes; Lee Anne Hewett
• Authority: Code of Ala. 1975, §41-9-249(10).
• New Rule: Published October 31, 2024; effective December 15, 2024.