North Carolina's Heritage Protection Act: Cementing Confederate Monuments in North Carolina's Landscape

25 Pages Posted: 3 Nov 2015 Last revised: 29 Nov 2015

Kasi E. Wahlers

University of North Carolina School of Law

Date Written: November 2, 2015

Abstract

Even in 2015, the North Carolina landscape is densely populated with Confederate monuments, appearing in more than half of the state’s one hundred counties. The state has more monuments honoring the Civil War than any other event, with five Civil War monuments for every World War II monument. Most of these structures were erected between 1890 and 1930 and many are located on public property, commonly found in and around courthouses, town squares, graveyards, and University campuses. In July of 2015, North Carolina enacted the Heritage Protection Act (“HPA”). This law severely restricts the removal, relocation, or alteration of any monument located on public property. While neutral on its face, North Carolina’s Heritage Protection Act was enacted for the purpose of protecting Confederate monuments.

This Recent Development argues that the North Carolina Heritage Protection Act creates a lack of accountability on behalf of the N.C. General Assembly, usurps powers of local governments, and is amorphously vague as to what objects it applies to. Clarification of the statutory language by the General Assembly as well as a provision allowing for the erection of plaques that contextualize these monuments within local history is needed. Analysis proceeds in three parts. Part I of this Recent Development briefly sketches the propagation of Heritage Protection Acts across the South, outlines the North Carolina Heritage Protection Act, and highlights ways the North Carolina statute differs from other states. Part II discusses the confusing nature of this statute and analyzes legislative history to offer insight as to: (1) what role the North Carolina Historical Commission plays, if any, in deciding to permanently remove or relocate monuments; (2) whether this statute applies to county or city owned monuments; and (3) what constitutes a “display of permanent character.” Finally, Part III argues that this statute is in need of clarification and a provision that provides for plaques that contextualize these monuments within their local history. A brief conclusion follows.

Keywords: monument, North Carolina, Heritage Protection, confederate, statutory interpretation

Suggested Citation

Wahlers, Kasi E., North Carolina's Heritage Protection Act: Cementing Confederate Monuments in North Carolina's Landscape (November 2, 2015). Available at SSRN: https://ssrn.com/abstract=2685191 or http://dx.doi.org/10.2139/ssrn.2685191

Kasi E. Wahlers (Contact Author)

University of North Carolina School of Law ( email )

Chapel Hill, NC
United States

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