Part IV. Public Notice and Public Hearings
17VAC5-30-100. Written notice of proposed nominations.
In any county, city, or town where the board proposes to designate property for inclusion in the Virginia Landmarks Register, the department shall give written notice of the proposal to the governing body and to the owner, owners, or the owner's agent (i) of property proposed to be designated as a historic landmark building, structure, object, or site, or to be included in a historic district, and (ii) of 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.
Statutory Authority
§ 10.1-2205 of the Code of Virginia.
Historical Notes
Derived from VR390-01-03 § 4.1, eff. February 9, 1994; amended, Virginia Register Volume 33, Issue 7, eff. December 29, 2016.
17VAC5-30-110. Public hearing for historic district; notice of hearing.
A. Prior to the designation by the board 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 board. 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 17VAC5-30-100. 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 17VAC5-30-100. 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
§ 10.1-2205 of the Code of Virginia.
Historical Notes
Derived from VR390-01-03 § 4.2, eff. February 9, 1994; amended, Virginia Register Volume 33, Issue 7, eff. December 29, 2016.
17VAC5-30-120. 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 17VAC5-30-100. 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 National Register of Historic Places pursuant to nomination by the director, the department may provide concurrent notice of and hold a single public hearing on the proposed state designation and the proposed nomination to the National Register.
Statutory Authority
§ 10.1-2205 of the Code of Virginia.
Historical Notes
Derived from VR390-01-03 § 4.3, eff. February 9, 1994; amended, Virginia Register Volume 33, Issue 7, eff. December 29, 2016.
17VAC5-30-130. Public comment period.
The local governing body and property owners shall have at least 30 days from the date of the notice required by 17VAC5-30-100, or, in the case of a historic district, 30 days from the date of the public hearing required by 17VAC5-30-110 to provide comments and recommendations, if any, to the director. The director shall bring all comments received to the attention of the board.
Statutory Authority
§ 10.1-2205 of the Code of Virginia.
Historical Notes
Derived from VR390-01-03 § 4.4, eff. February 9, 1994.