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Administrative Code

Virginia Administrative Code
12/26/2024

Part III. Virginia Landmarks Register Criteria for Evaluation

17VAC5-30-40. Historic significance.

A. In determining whether to designate a district, site, building, structure or object to the Virginia Landmarks Register, the board 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, or method of construction or design, 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 Virginia Landmarks Register resource can be of national historic significance, of statewide historic significance, or of local historic significance. The board 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 the 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

§ 10.1-2205 of the Code of Virginia.

Historical Notes

Derived from VR390-01-03 § 3.1, eff. February 9, 1994.

17VAC5-30-50. Integrity.

In addition to determining a property's significance, the board shall also determine the property's integrity. A property has integrity if it retains the identity for which it is significant. In order to designate a property, the board must determine both that the property is significant and that it retains integrity. To determine whether a property retains integrity, the board shall consider the seven aspects set out here. Based on the reasons for a property's significance the board 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 designation for inclusion in the Virginia Landmarks 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

§ 10.1-2205 of the Code of Virginia.

Historical Notes

Derived from VR390-01-03 § 3.2, eff. February 9, 1994.

17VAC5-30-60. 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 resources. 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

§ 10.1-2205 of the Code of Virginia.

Historical Notes

Derived from VR390-01-03 § 3.3, eff. February 9, 1994.

17VAC5-30-70. 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 Virginia Landmarks 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

§ 10.1-2205 of the Code of Virginia.

Historical Notes

Derived from VR390-01-03 § 3.4, eff. February 9, 1994.

17VAC5-30-80. Revisions to properties listed in the Virginia Landmarks Register.

Four justifications exist for altering a boundary of a property previously listed in the Virginia Landmarks 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 board shall approve no enlargement of a boundary unless the additional area possesses previously unrecognized significance in American history, architecture, archaeology, engineering or culture. The board shall approve no diminution of a boundary unless the properties being removed do not meet the Virginia Landmarks Register criteria for evaluation.

Statutory Authority

§ 10.1-2205 of the Code of Virginia.

Historical Notes

Derived from VR390-01-03 § 3.5, eff. February 9, 1994.

17VAC5-30-90. Removing properties from the Virginia Landmarks Register.

Grounds for removing properties from the Virginia Landmarks Register are as follows:

1. The property has ceased to meet the criteria for listing in the Virginia Landmarks 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 Virginia Landmarks 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 designation process.

Statutory Authority

§ 10.1-2205 of the Code of Virginia.

Historical Notes

Derived from VR390-01-03 § 3.6, eff. February 9, 1994.

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