Virginia Law

In addition to directing the preparation of National Register nominations by the department, the director shall act according to this section to ensure that, in accordance with federal regulations, the National Register nomination process is open to any person or organization.

The director shall respond in writing within 60 days to any person or organization submitting a completed National Register nomination form or requesting consideration of any previously prepared nomination form on record with the department. The response shall indicate whether or not the information on the nomination form is complete, whether or not the nomination form adequately evaluates the property according to the criteria set out in Part III of this chapter (17VAC10-20-40 et seq.), and whether or not the property appears to meet the National Register criteria for evaluation set out in Part III. If the director determines that the nomination form is deficient or incomplete, the director shall provide the applicant with an explanation of the reasons for that determination, so that the applicant may provide the necessary additional documentation.

If the nomination form appears to be sufficient and complete, and if the property appears to meet the National Register criteria for evaluation, the director shall comply with the notification requirements in Part IV of this chapter (17VAC10-20-130 et seq.) and schedule the property for presentation to the State Review Board. The director may require the applicant to provide a complete, accurate, and up-to-date list and annotated tax parcel map indicating all property owners entitled to written notification pursuant to Part IV of this chapter. Within 60 days of receipt of a sufficient and complete nomination form and of all information necessary to comply with Part IV of this chapter, the director shall notify the applicant of the proposed schedule for consideration of the nomination form by the State Review Board.

If the director determines that the nomination form is sufficient and complete, but that the property does not appear to meet National Register criteria for evaluation, the director need not process the nomination, unless requested to do so by the Keeper of the National Register pursuant to the appeals process set out in 17VAC10-20-230.

Upon action on a nomination by the State Review Board, the director shall, within 90 days, submit the nomination to the National Park Service, or, if the director does not consider the property eligible for the National Register, so advise the applicant within 45 days.