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, Virginia Register Volume 33, Issue 4, 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.