Administrative Code

Virginia Administrative Code
11/27/2020

Chapter 20. Evaluation Criteria and Procedures for Nominations of Property to the National Register or for Designation As a National Historic Landmark

Part I
Definitions; Applicability

17VAC10-20-10. Definitions.

"Building" means a structure created to shelter any form of human activity, such as a house, barn, church, hotel, or similar structure. "Building" may also refer to a historically related complex such as a courthouse and jail or a house and barn.

"Chief elected local official" means the mayor of the city or town or the chairman of the board of supervisors of the county in which the property is located.

"Department" means the Department of Historic Resources.

"Determination of eligibility" means a decision by the Department of the Interior that a district, site, building, structure, or object meets the National Register criteria for evaluation although the property is not formally listed on the National Register.

"Director" means the Director of the Department of Historic Resources. The Director of the Department is the State Historic Preservation Officer (SHPO) for Virginia.

"District" means a geographically definable area possessing a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history. A district includes local tax parcels that have separate owners. For purposes of this chapter, a historic district does not mean a locally established historic zoning district pursuant to § 15.1-503.2 of the Code of Virginia.

"Keeper of the National Register of Historic Places" or "keeper" means the individual who has been delegated the authority by the National Park Service to list properties and determine their eligibility for the National Register.

"National Register of Historic Places" or "National Register" means the list established by the National Historic Preservation Act of 1966 for the purpose of identifying properties of value for their significance in history, architecture, archaeology, engineering, or culture.

"National Historic Landmark" is a resource designated by the Secretary of the Interior as having national significance.

"Nominate" means to propose that a district, site, building, structure, or object be listed in or determined eligible for listing in the National Register of Historic Places by preparing and submitting to the keeper a nomination form, with accompanying maps and photographs which adequately document the property and are technically and professionally correct and sufficient. The nomination form shall be the National Register nomination form prescribed by the keeper.

"Object" means a material thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting or environment. Examples of objects include boats, monuments, and fixed pieces of sculpture.

"Owner" or "owners" means those individuals, partnerships, corporations, or public agencies holding fee simple title to property. "Owner" or "owners" does not include individuals, partnerships, corporations, or public agencies holding easements or less than fee interests (including leaseholds) of any nature.

"Site" means the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself maintains historical or archeological value regardless of the value of any existing structure.

"State Review Board" means that body, appointed by the State Historic Preservation Officer pursuant to the National Historic Preservation Act (P.L. 89-665), as amended, whose members represent the professional fields of American history, architectural history, historic architecture, prehistoric and historic archaeology, and other professional disciplines, and may include citizen members. The State Review Board reviews and approves National Register nominations concerning whether or not they meet the criteria for evaluation prior to their submittal to the National Park Service.

"Structure" means a man-made work composed of interdependent and interrelated parts in a definite pattern of organization. In addition to buildings, structures include bridges, dams, canals, docks, walls, and other engineering works.

Statutory Authority

§ 10.1-2202 of the Code of Virginia.

Historical Notes

Derived from VR392-01-02 § 1.1, eff. February 9, 1994.

17VAC10-20-20. Applicability.

This chapter pertains specifically to the director's nomination of property to the National Park Service for inclusion in the National Register of Historic Places or for designation as a National Historic Landmark. Parallel evaluation criteria and administrative procedures applicable to the designation of properties by the Virginia Board of Historic Resources are set out in a separate chapter.

Statutory Authority

§ 10.1-2202 of the Code of Virginia.

Historical Notes

Derived from VR392-01-02 § 1.2, eff. February 9, 1994.

Part II
General Provisions

17VAC10-20-30. General provisions.

The director, as State Historic Preservation Officer, is responsible for identifying and nominating eligible properties to the National Register of Historic Places. The State Historic Preservation Officer supervises the preparation of nomination forms for submission to the National Park Service.

Any person or organization may submit a completed National Register nomination form to the director; any person or organization may also request the director's consideration of any previously prepared nomination form on record with the department.

In determining whether to nominate a property to the National Register, the director shall evaluate the property according to the National Park Service's National Register Criteria for Evaluation, as set out in Article 1 of Part III of this chapter (17VAC10-20-40 et seq.). In determining whether to nominate a property for designation as a National Historic Landmark, the director shall evaluate the property according to the National Park Service's National Historic Landmark Criteria, as set out in Article 2 of Part III of this chapter (17VAC10-20-100 et seq.).

Prior to submitting a nomination of property to the National Park Service, the director shall follow the procedures set out in 17VAC10-20-130 concerning notification to property owners and chief local elected officials. Prior to submitting a nomination for a historic district, the director shall also follow the procedures set out in 17VAC10-20-140 for conducting a public hearing.

The director shall also conduct the nomination process pursuant to all applicable federal regulations as set out in 36 CFR 60 and in accordance with additional guidance issued by the National Park Service. Where this chapter establishes a more rigorous standard for public notification than does the corresponding federal regulation, this chapter shall apply. However, pursuant to § 10.1-2202 of the Code of Virginia, no provision of this chapter shall be construed to require the director to conduct the National Register nomination process or the National Historic Landmark nomination process in a manner that is inconsistent with the requirements of federal law or regulation.

Statutory Authority

§ 10.1-2202 of the Code of Virginia.

Historical Notes

Derived from VR392-01-02 § 2.1, eff. February 9, 1994.

Part III
Resource Evaluation Criteria

Article 1
National Register Criteria for Evaluation

17VAC10-20-40. Historic significance.

Article 1
National Register Criteria for Evaluation

A. In determining whether to nominate a district, site, building, structure, or object to the National Register, the director must determine whether the district, site, building, structure, or object has historic significance. A resource shall be deemed to have historic significance if it meets one or more of the following four criteria:

1. The resource is associated with events that have made a significant contribution to the broad patterns of our history; or

2. The resource is associated with the lives of persons significant in our past; or

3. The resource embodies the distinctive characteristics of a type, period, design, or method of construction, or represents the work of a master (for example, an individual of generally recognized greatness in a field such as architecture, engineering, art, or planning, or a craftsman whose work is distinctive in skill or style), or possesses high artistic values, or is a district that taken as a whole embodies one or more of the preceding characteristics, even though its components may lack individual distinction; or

4. The resource has yielded or is likely to yield, normally through archaeological investigation, information important in understanding the broad patterns or major events of prehistory or history.

B. A National Register resource can be of national historic significance, of statewide historic significance, or of local historic significance. The director shall use the following criteria in determining the level of significance appropriate to the resource:

1. A property of national significance offers an understanding of history of the nation by illustrating the nationwide impact of events or persons associated with the property, its architectural type or style, or information potential.

2. A property of statewide historic significance represents an aspect of the history of Virginia as a whole.

3. A property of local historic significance represents an important aspect of the history of a county, city, town, cultural area, or region or any portions thereof.

Statutory Authority

§ 10.1-2202 of the Code of Virginia.

Historical Notes

Derived from VR392-01-02 § 3.1, eff. February 9, 1994.

17VAC10-20-50. Integrity.

In addition to determining a property's significance, the director shall also determine the property's integrity. A property has integrity if it retains the identity for which it is significant. In order to nominate a property to the National Register, the director must determine both that the property is significant and that it retains integrity. To determine whether a property retains integrity, the director shall consider the seven aspects set out here. Based on the reasons for a property's significance the director shall evaluate the property against those aspects that are the most critical measures of the property's integrity. The seven aspects are:

1. Location -- the place where the historic property was constructed or the place where the historic event occurred. In cases such as sites of historic events, the location itself, complemented by the setting, is what people can use to visualize or recall the event.

2. Design -- the combination of elements that create the form, plan, space, structure, and style of the property. Design results from the conscious decisions in the conception and planning of a property and may apply to areas as diverse as community planning, engineering, architecture, and landscape architecture. Principal aspects of design include organization of space, proportion, scale, technology, and ornament.

3. Setting -- the physical environment of the historic property, as distinct from the specific place where the property was built or the event occurred. The physical features that constitute setting may be natural or man-made, and may include topographic features, vegetation, simple man-made features such as paths or fences, and relationships of a building to other features or to open space.

4. Materials -- the physical elements that were combined or deposited during a particular period of time and in a particular pattern or configuration to form a historic property. The integrity of materials determines whether or not an authentic historic resource still exists.

5. Workmanship -- the physical evidence of the crafts of a particular culture or people during any given period in history or prehistory. Workmanship may be expressed in vernacular methods of construction and plain finishes or in highly sophisticated configurations and ornamental detailing. It may be based on common traditions or innovative period techniques. Examples of workmanship include tooling, carving, painting, graining, turning, or joinery.

6. Feeling -- the property's expression of the aesthetic or historic sense of a particular period of time. Although it is itself intangible, feeling depends upon the presence of physical characteristics to convey the historic qualities that evoke feeling. Because it is dependent upon the perception of each individual, integrity of feeling alone will never be sufficient to support nomination to the National Register.

7. Association -- the direct link between an important historic event or person and a historic property. If a property has integrity of association, then the property is the place where the event or activity occurred and is sufficiently intact that it can convey that relationship.

Statutory Authority

§ 10.1-2202 of the Code of Virginia.

Historical Notes

Derived from VR392-01-02 § 3.2, eff. February 9, 1994.

17VAC10-20-60. Boundaries for historic properties.

Boundaries for a historic district, property, building, structure, object or site are selected to encompass, but not to exceed, the full extent of the significant resources or land area making up the resource. The area should be large enough to include all historic features of the property, but should not include "buffer zones" or acreage not directly contributing to the significance of the property. The following features are to be used to mark the boundaries, as they reflect the resources: (i) legally recorded boundary lines; or (ii) natural topographic features such as ridges, valleys, rivers, and forests; or (iii) man-made features such as stone walls, hedgerows, the curblines of highways, streets, and roads; or (iv) areas of new construction.

Statutory Authority

§ 10.1-2202 of the Code of Virginia.

Historical Notes

Derived from VR392-01-02 § 3.3, eff. February 9, 1994.

17VAC10-20-70. Additional criteria considerations.

Ordinarily cemeteries, birthplaces, or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that are less than 50 years old shall not be considered eligible for the National Register. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within one or more of the following categories:

1. A religious property deriving primary significance from architectural or artistic distinction or historical importance: a religious property shall be judged solely on these secular terms to avoid any appearance of judgment by government about the merit of any religion or belief; or

2. A building or structure removed from its original location but which is significant primarily for architectural value, or which is the surviving structure most importantly associated with a historic person or event; or

3. A birthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building directly associated with his productive life; or

4. A cemetery which derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; or

5. A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; or

6. A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; or

7. A property less than 50 years old if it is of exceptional importance.

Statutory Authority

§ 10.1-2202 of the Code of Virginia.

Historical Notes

Derived from VR392-01-02 § 3.4, eff. February 9, 1994.

17VAC10-20-80. Revisions to properties listed in the National Register.

Four justifications exist for altering a boundary of a property previously listed in the National Register:

1. Professional error in the initial nomination;

2. Loss of historic integrity;

3. Recognition of additional significance;

4. Additional research documenting that a larger or smaller area should be listed.

The director shall recommend no enlargement of a boundary unless the additional area possesses previously unrecognized significance in American history, architecture, archeology, engineering or culture. The director shall recommend no diminution of a boundary unless the properties recommended for removal do not meet the National Register criteria for evaluation.

Statutory Authority

§ 10.1-2202 of the Code of Virginia.

Historical Notes

Derived from VR392-01-02 § 3.5, eff. February 9, 1994.

17VAC10-20-90. Removing properties from the National Register.

Grounds for removing properties from the National Register are as follows:

1. The property has ceased to meet the criteria for listing in the National Register because the qualities which caused it to be originally listed have been lost or destroyed, or such qualities were lost subsequent to nomination and prior to listing;

2. Additional information shows that the property does not meet the National Register criteria for evaluation;

3. Error in professional judgment as to whether the property meets the criteria for evaluation; or

4. Prejudicial procedural error in the nomination or listing process.

Statutory Authority

§ 10.1-2202 of the Code of Virginia.

Historical Notes

Derived from VR392-01-02 § 3.6, eff. February 9, 1994.

Article 2
National Historic Landmark Criteria for Evaluation

17VAC10-20-100. Historic significance.

Article 2
National Historic Landmark Criteria for Evaluation

In determining whether to nominate a resource for designation as a National Historic Landmark, the director must determine whether the resource has national significance. The quality of national significance is ascribed to districts, sites, buildings, structures, and objects that possess exceptional value or quality in illustrating or interpreting the heritage of the United States in history, architecture, archaeology, engineering and culture. A resource shall be deemed to have national significance for the purpose of this section if it meets one or more of the following six criteria:

1. The resource is associated with events that have made a significant contribution to, and are identified with, or that outstandingly represent, the broad national patterns of United States history and from which an understanding and appreciation of those patterns may be gained; or

2. The resource is associated importantly with the lives of persons nationally significant in the history of the United States; or

3. The resource represents some great idea or ideal of the American people; or

4. The resource embodies the distinguishing characteristics of an architectural type specimen exceptionally valuable for a study of a period, style or method of construction, or that represent a significant, distinctive, and exceptional entity whose components may lack individual distinction; or

5. The resource is composed of integral parts of the environment not sufficiently significant by reason of historical association or artistic merit to warrant individual recognition but collectively compose an entity of exceptional historical or artistic significance, or outstandingly commemorate or illustrate a way of life or culture; or

6. The resource has yielded or may be likely to yield information of major scientific importance by revealing new cultures, or by shedding light upon periods of occupation over large areas of the United States. Such sites are those which have yielded, or which may reasonably be expected to yield, data affecting theories, concepts and ideas to a major degree.

Statutory Authority

§ 10.1-2202 of the Code of Virginia.

Historical Notes

Derived from VR392-01-02 § 3.7, eff. February 9, 1994.

17VAC10-20-110. Integrity.

In addition to determining the property's significance, the director shall determine its integrity. As set out in 17VAC10-20-50, a property's integrity is assessed by examining its location, design, setting, materials, workmanship, feeling, and association. A property nominated for designation as a National Historic Landmark must retain a high degree of integrity.

Statutory Authority

§ 10.1-2202 of the Code of Virginia.

Historical Notes

Derived from VR392-01-02 § 3.8, eff. February 9, 1994.

17VAC10-20-120. Additional National Historic Landmark criteria considerations.

Ordinarily, cemeteries, birthplaces, graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, and properties less than 50 years old are not eligible for designation. Such properties, however, will qualify if they fall within the following categories:

1. A religious property deriving its primary national significance from architectural or artistic distinction or historical importance; or

2. A building or structure removed from its original location but which is nationally significant primarily for its architectural merit, or for association with persons or events of transcendent importance in the nation's history and the association consequential; or

3. A site of a building or structure no longer standing but the person or event associated with it is of transcendent importance in the nation's history and the association consequential; or

4. A birthplace, grave or burial if it is of a historical figure of transcendent national significance and no other appropriate site, building or structure directly associated with the productive life of that person exists; or

5. A cemetery that derives its primary national significance from graves of persons of transcendent importance, or from an exceptionally distinctive design, or from an exceptionally significant event; or

6. A reconstructed building or ensemble of buildings of extraordinary national significance when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other buildings or structures with the same association have survived; or

7. A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own national historical significance; or

8. A property less than 50 years old, if it is of extraordinary national importance.

Statutory Authority

§ 10.1-2202 of the Code of Virginia.

Historical Notes

Derived from VR392-01-02 § 3.9, eff. February 9, 1994.

Part IV
Public Notice and Public Hearings

17VAC10-20-130. Written notice of proposed nominations.

In any county, city, or town where the director proposes to nominate property to the National Park Service for inclusion in the National Register of Historic Places or for designation as a National Historic Landmark, the department shall give written notice of the proposal to the governing body and to the owner, owners, or the owner's agent of (i) property proposed to be nominated as a historic landmark building, structure, object, or site, or to be included in a historic district and (ii) all abutting property and property immediately across the street or road or across any railroad or waterway less than 300 feet wide. The list of such owners shall be obtained from either the official land recordation records or tax records, whichever is more appropriate, within 90 days prior to the notification of the proposal. The department shall send this written notice at least 30 but not more than 75 days before the State Review Board meeting at which the nomination will be considered.

Statutory Authority

§ 10.1-2202 of the Code of Virginia.

Historical Notes

Derived from VR392-01-02 § 4.1, eff. February 9, 1994; amended, Volume 33, Issue 04, eff. November 17, 2016.

17VAC10-20-140. Public hearing for historic district; notice of hearing.

A. Prior to the nomination of a historic district, the department shall hold a public hearing at the seat of government of the county, city, or town in which the proposed historic district is located or within the proposed historic district. The public hearing shall be for the purpose of supplying additional information to the director. The time and place of such hearing shall be determined in consultation with a duly authorized representative of the local governing body and shall be scheduled at a time and place that will reasonably allow for the attendance of the affected property owners.

B. The department shall publish notice of the public hearing once a week for two successive weeks in a newspaper published or having general circulation in the county, city, or town. Such notice shall specify the time and place of the public hearing at which persons affected may appear and present their views, not less than six days or more than 21 days after the second publication of the notice in such newspaper.

C. In addition to publishing the notice, the department shall give written notice of the public hearing at least five days before such hearing to the owner, owners, or the owner's agent of (i) each parcel of real property to be included in the proposed historic district and (ii) all abutting property, and property immediately across the street or road, or across any railroad or waterway less than 300 feet wide pursuant to 17VAC10-20-130. Notice required to be given to owners by this section may be given concurrently with the notice required to be given to the owners by 17VAC10-20-130. A complete copy of the nomination report and a map of the historic district showing the boundaries shall be sent to the local jurisdiction for public inspection at the time of notice. The notice shall include a synopsis of why the district is significant.

D. The department shall make and maintain an appropriate record of all public hearings held pursuant to this section.

Statutory Authority

§ 10.1-2202 of the Code of Virginia.

Historical Notes

Derived from VR392-01-02 § 4.2, eff. February 9, 1994; amended, Volume 33, Issue 04, eff. November 17, 2016.

17VAC10-20-150. Mailings and affidavits; concurrent state and federal notice.

The department shall send the required notices by first class mail to the last known address of each person entitled to notice pursuant to 17VAC10-20-130. A representative of the department shall make an affidavit that the required mailings have been made. In the case where property is also proposed for inclusion in the Virginia Landmarks Register pursuant to designation by the Virginia Board of Historic Resources, the department may provide concurrent notice of the proposed state designation and the proposed nomination to the National Register.

Statutory Authority

§ 10.1-2202 of the Code of Virginia.

Historical Notes

Derived from VR392-01-02 § 4.3, eff. February 9, 1994; amended, Volume 33, Issue 04, eff. November 17, 2016.

17VAC10-20-160. Public comment period.

The local governing body and property owners shall have at least 30 days from the date of the notice required by 17VAC10-20-130, or, in the case of a historic district, 30 days from the date of the public hearing required by 17VAC10-20-140 to provide comments and recommendations, if any, to the director.

Statutory Authority

§ 10.1-2202 of the Code of Virginia.

Historical Notes

Derived from VR392-01-02 § 4.4, eff. February 9, 1994.

Part V
Review and Submission of Nominations to the National Register

17VAC10-20-170. Requests for nominations.

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.

Statutory Authority

§ 10.1-2202 of the Code of Virginia.

Historical Notes

Derived from VR392-01-02 § 5.1, eff. February 9, 1994.

17VAC10-20-180. Consideration by the State Review Board.

The director shall submit completed nomination forms or the documentation proposed for submission on the nomination forms and comments concerning the significance of a property and its eligibility for the National Register to the State Review Board. The State Review Board shall review the nomination forms or documentation proposed for submission on the nomination forms and any comments received concerning the property's significance and eligibility for the National Register. The State Review Board shall determine whether or not the property meets the National Register criteria for evaluation and make a recommendation to the director to approve or disapprove the nomination.

Statutory Authority

§ 10.1-2202 of the Code of Virginia.

Historical Notes

Derived from VR392-01-02 § 5.2, eff. February 9, 1994.

17VAC10-20-190. Submission of nominations to the National Park Service.

The director shall review nominations approved by the State Review Board, along with all comments received. If the director finds the nominations to be adequately documented and technically, professionally, and procedurally correct and sufficient and in conformance with National Register criteria for evaluation, the director may submit them to the Keeper of the National Register of Historic Places, National Park Service, United States Department of the Interior, Washington, D.C. 20240. The director shall include all written comments received and all notarized statements of objection with the nomination when it is submitted to the keeper.

If the director and the State Review Board disagree on whether a property meets the National Register criteria for evaluation, the director may submit the nomination with his opinion concerning whether or not the property meets the criteria for evaluation and the opinion of the State Review Board to the Keeper of the National Register for a final decision on the listing of the property. The director shall submit such disputed nominations if so requested within 45 days of the State Review Board meeting by the State Review Board or the chief elected local official of the county, city, or town in which the property is located but need not otherwise do so.

Any person or organization which supports or opposes the nomination of a property by a State Historic Preservation Officer may petition the keeper during the nomination process either to accept or reject a nomination. The petitioner must state the grounds of the petition and request in writing that the keeper substantively review the nomination.

Statutory Authority

§ 10.1-2202 of the Code of Virginia.

Historical Notes

Derived from VR392-01-02 § 5.3, eff. February 9, 1994.

17VAC10-20-200. Owner objections.

A. Upon receiving the notification required by 17VAC10-20-130, the owners of property proposed for nomination shall have the opportunity to concur in or object to the nomination.

B. Any owner or owners of a private property who wish to object 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 private property, as appropriate; and (iii) certify that the objecting party objects to the listing. The statement of objection must be received by the director at least seven business days prior to the meeting of the State Review Board at which the property is considered for nomination.

C. If an objecting party whose name did not appear on the official land recordation records or tax records used by the director pursuant to 17VAC10-20-150 certifies in a written, attested, and notarized statement that the party is the sole or partial owner of a nominated private property, such owner shall 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 State Review Board at which the property is considered for nomination.

D. If (i) the owner of a private property, (ii) the majority of the owners of a single private property with multiple owners, or (iii) the majority of the owners in a district has objected to the nomination prior to the submittal of a nomination, the director shall submit the nomination to the keeper only for a determination of eligibility for the National Register. In accordance with the National Historic Preservation Act, the keeper shall determine whether the property meets the National Register criteria for evaluation but shall not add the property to the National Register.

E. Each owner of private 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

§ 10.1-2202 of the Code of Virginia.

Historical Notes

Derived from VR392-01-02 § 5.4, eff. February 9, 1994; amended, Volume 33, Issue 04, eff. November 17, 2016.

17VAC10-20-210. Boundary changes.

The director may initiate the process for changing the boundaries of a previously listed National Register property upon concluding that one or more of the conditions set out in 17VAC10-20-70 has been met. In addition, any person or organization may petition in writing to have a boundary changed.

A boundary alteration shall be considered as a new property nomination. In the case of boundary enlargements the notification procedures set out in Part IV of this chapter (17VAC10-20-130 et seq.) shall apply. However, only the additional area proposed for nomination to the National Register shall be used to determine the property owners and the adjacent property owners to receive notification pursuant to 17VAC10-20-130 and 17VAC10-20-140. Only the owners of the property in the additional area shall be counted in determining whether a majority of private owners object to listing in the National Register. In the case of a proposed diminution of a boundary, the director shall notify the property owners and the chief elected local official and give them an opportunity to comment prior to submitting any proposal to the Keeper of the National Register.

Statutory Authority

§ 10.1-2202 of the Code of Virginia.

Historical Notes

Derived from VR392-01-02 § 5.5, eff. February 9, 1994.

17VAC10-20-220. Removal of property from the National Register.

The director may initiate the process for removing property from the National Register upon concluding that one or more of the conditions set out in 17VAC10-20-90 have been met. In addition, any person or organization may petition in writing for removal of a property from the National Register by setting forth the reasons the property should be removed on the grounds established in 17VAC10-20-90. With respect to nominations determined eligible for the National Register because the owners of private property object to listing, anyone may petition for reconsideration of whether or not the property meets the criteria for evaluation using these procedures.

The director shall notify the affected owner or owners and chief elected local official and give them an opportunity to comment prior to submitting a petition for removal.

The director shall respond in writing within 45 days of receipt to petitions for removal of property from the National Register. The response shall advise the petitioner of the director's views on the petition. A petitioner desiring to pursue his removal request must notify the director in writing within 45 days of receipt of the written views on the petition.

Within 15 days after receipt of the petitioner's notification of intent to pursue his removal request, the director shall notify the petitioner in writing either that the State Review Board will consider the petition on a specified date or that the petition will be forwarded to the keeper after notification requirements have been completed. The director shall forward the petitions to the keeper for review within 15 days after notification requirements or State Review Board consideration, if applicable, have been completed. The director shall also forward all comments received.

Statutory Authority

§ 10.1-2202 of the Code of Virginia.

Historical Notes

Derived from VR392-01-02 § 5.6, eff. February 9, 1994.

Part VI
Nomination Appeals

17VAC10-20-230. Appeals.

Any person or local government may appeal to the keeper the failure or refusal of the director to nominate a property, upon decision of the director not to nominate a property for any reason when a National Register nomination form had been submitted to the director pursuant to 17VAC10-20-170, or upon failure of the director to submit a nomination recommended by the State Review Board.

Statutory Authority

§ 10.1-2202 of the Code of Virginia.

Historical Notes

Derived from VR392-01-02 § 6.1, eff. February 9, 1994.

FORMS (17VAC10-20).

National Register of Historic Places Registration, OMB No. 10024-0018 (eff. 10/90).

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