17VAC10-20-30. General provisions.

Part II. 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.

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