Protection of Properties in the National Register
North Carolina
General Statute 121-12(a)

Complete Text of Chapter 121 posted by the General Assembly.

General Statute 121-12 establishes a procedure for the review of state undertakings that affect historic properties that is patterned after that created in federal law for federal undertakings. The North Carolina Historical Commission, through a subcommittee with additional professional members called the National Register Advisory Committee, reviews nominations from the state to the National Register of Historic Places. In matters of state undertakings affecting National Register properties, the Historical Commission acts somewhat as a counterpart to the federal Advisory Council on Historic Preservation. Since the State Historic Preservation Officer serves as the secretary of the Historical Commission, federal and state review and protection activities are closely coordinated.

G.S. 121-12 charges the Historical Commission "to provide an advisory and coordinative mechanism in and by which State undertakings of every kind that are potentially harmful to the cause of historic preservation within the State may be discussed, and where possible, resolved, giving due consideration to the competing public interests that may be involved." Unlike federal law, state law does not provide protection for properties that may be eligible for, but not actually listed in, the National Register. Recommendations made by the Historical Commission to state agencies are strictly advisory.