Virginia Law

A. Subject to the requirements of this chapter, a locality may, at its own expense, contextualize any monument or memorial located on the locality's public property by erecting a marker that contains contextualization text.

B. Prior to erecting such a marker, the locality shall submit an application to the department and obtain approval from the board of such application.

C. The application shall be in such form as prescribed by the director and shall include the following basic information:

1. Name, address, email address, and telephone number of the local government official who will serve as the primary point of contact;

2. Location and description of the monument or memorial for which the contextualization text and the marker is proposed;

3. The text of any and all inscriptions that appear on the monument or memorial;

4. A statement indicating when the monument or memorial was erected, who erected it, and who paid for it, if known, accompanied by documents verifying this information;

5. A statement of purpose of the contextualization project, the contextualization text, and the marker;

6. The proposed text for the marker, which shall include the following information:

a. A description of who commissioned, paid for, and created the monument or memorial; when it was erected; and what it depicts;

b. A description of the documented reasons for the creation of the monument or memorial;

c. A description of any documented local opposition at any time to the monument or memorial; and

d. A description of the historical era in which the monument or memorial was erected, including information about who held local political power;

7. The proposed location for the marker, which location shall (i) be at or close to the monument or memorial being contextualized and (ii) permit the public to safely view the marker;

8. Documentation relevant to the application, including (i) copies of all references and sources used to draft the proposed contextualization text for the marker and (ii) photographs of the monument or memorial to be contextualized;

9. The expected timetable for erection or placement of the marker; and

10. The design, appearance, size, and height for the proposed marker.

D. The department shall process up to five applications for contextualization per quarter on a first-come, first-served basis. Any applications received after the first five will be deferred to the next board cycle. The department shall review the applications for completeness and accuracy. The department, as it deems necessary, may request additional documentation and information from an applicant. The department may deny an application if it is incomplete or otherwise does not include all the documentation or information required by the department. After the department determines that an application is complete and accurate, the department will present the application to the board.