Part IV. Public Notice and Public Hearings
Article 2
National Historic Landmark Criteria for Evaluation
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, Virginia Register Volume 33, Issue 4, 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, Virginia Register Volume 33, Issue 4, 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, Virginia Register Volume 33, Issue 4, 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.