Administrative Code

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Virginia Administrative Code
Title 17. Libraries And Cultural Resources
Agency 5. Board of Historic Resources
Chapter 30. Evaluation Criteria and Procedures for Designations by the Board of Historic Resources

17VAC5-30-160. Owner objections.

A. Upon receiving the notification required by 17VAC5-30-100, any owner or owners of property proposed for designation by the board shall have the opportunity to concur in or object to that designation.

B. Property owners who wish to object to designation shall submit a written, attested, and notarized statement of objection. The statement of objection shall (i) reference the subject property by address or parcel number, or both; (ii) certify that the objecting party is the sole or partial owner of the property, as appropriate; and (iii) certify that the objecting party objects to the designation. The statement of objection must be received by the director at least seven business days prior to the meeting of the board at which the property is considered for designation.

C. An objecting party whose name did not appear on the official land recordation records or tax records used by the director pursuant to 17VAC5-30-120 must submit with the written, attested, and notarized statement of objection an attested and notarized copy of the recorded deed evidencing transfer of ownership to such objecting party. Only upon such submission shall such objecting owner be counted by the director in determining whether a majority of the owners has objected. The statement of objection must be received by the director at least seven business days prior to the meeting of the board at which the property is considered for designation.

D. The board shall take no formal action to designate the property or district for inclusion in the Virginia Landmarks Register if (i) the owner of a property, (ii) the majority of owners of a single property with multiple owners, or (iii) a majority of the owners in a district has objected to the designation.

E. Where formal designation at a board meeting has been prevented by owner objection, the board may reconsider the property for designation at a subsequent board meeting upon presentation to the director, at least 30 days prior to the next scheduled meeting of the board, of written, attested, and notarized statements sufficient to indicate that the owner or majority of owners no longer objects to the designation. In the case of a proposed reconsideration, the notification procedures set out in Part IV (17VAC5-30-100 et seq.) of this chapter shall apply.

F. Each owner of property in a district has one vote regardless of how many properties or what part of one property that party owns and regardless of whether the property contributes to the significance of the district.

Statutory Authority

§ 10.1-2205 of the Code of Virginia.

Historical Notes

Derived from VR390-01-03 § 5.3, eff. February 9, 1994; amended, Virginia Register Volume 33, Issue 7, eff. December 29, 2016.

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