Part V. Review and Action by the Director and the Board on Virginia Landmarks Register Proposals
17VAC5-30-140. Requests for designations.
In addition to directing the preparation of Virginia Landmarks Register nominations by the department, the director shall act according to this section to ensure on behalf of the board that the Virginia Landmarks 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 Virginia Landmarks Register nomination form or requesting board consideration for 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 (17VAC5-30-40 et seq.), and whether or not the property appears to meet the Virginia Landmarks 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 Virginia Landmarks Register criteria for evaluation, the director shall comply with the notification requirements in Part IV of this chapter (17VAC5-30-100 et seq.) and schedule the property for presentation to the 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 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 board.
If the nomination form is sufficient and complete, but the director determines that the property does not appear to meet Virginia Landmarks Register criteria for evaluation, the director shall notify the applicant, the owner, and the board of his determination within 60 days of receipt of the nomination form. The director need not process the nomination further, unless directed to do so by the board.
Statutory Authority
§ 10.1-2205 of the Code of Virginia.
Historical Notes
Derived from VR390-01-03 § 5.1, eff. February 9, 1994.
17VAC5-30-150. Consideration by the board.
The director shall submit completed nomination forms and comments concerning the significance of a property and its eligibility for the Virginia Landmarks Register to the board. Any person or organization supporting or opposing the designation of a property by the board may petition the board in writing or orally either to accept or reject a proposed designation. The board shall review the nomination form and any comments received concerning the property's significance and eligibility for the Virginia Landmarks Register. The board shall determine whether or not the property meets the Virginia Landmarks Register criteria for evaluation set out in Part III of this chapter. Upon determining that the property meets the criteria, the board may proceed to designate the property, unless the owner or majority of owners object to the designation pursuant to 17VAC5-30-160 and § 10.1-2206.2 of the Code of Virginia.
Statutory Authority
§ 10.1-2205 of the Code of Virginia.
Historical Notes
Derived from VR390-01-03 § 5.2, eff. February 9, 1994.
17VAC5-30-160. Owner objections.
A. Upon receiving the notification required by 17VAC5-30-100, any owner or owners of property proposed for designation by the board shall have the opportunity to concur in or object to that designation.
B. Property owners who wish to object to designation 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 property, as appropriate; and (iii) certify that the objecting party objects to the designation. The statement of objection must be received by the director at least seven business days prior to the meeting of the board at which the property is considered for designation.
C. An objecting party whose name did not appear on the official land recordation records or tax records used by the director pursuant to 17VAC5-30-120 must submit with the written, attested, and notarized statement of objection an attested and notarized copy of the recorded deed evidencing transfer of ownership to such objecting party. Only upon such submission shall such objecting owner 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 board at which the property is considered for designation.
D. The board shall take no formal action to designate the property or district for inclusion in the Virginia Landmarks Register if (i) the owner of a property, (ii) the majority of owners of a single property with multiple owners, or (iii) a majority of the owners in a district has objected to the designation.
E. Where formal designation at a board meeting has been prevented by owner objection, the board may reconsider the property for designation at a subsequent board meeting upon presentation to the director, at least 30 days prior to the next scheduled meeting of the board, of written, attested, and notarized statements sufficient to indicate that the owner or majority of owners no longer objects to the designation. In the case of a proposed reconsideration, the notification procedures set out in Part IV (17VAC5-30-100 et seq.) of this chapter shall apply.
F. Each owner of 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
§ 10.1-2205 of the Code of Virginia.
Historical Notes
Derived from VR390-01-03 § 5.3, eff. February 9, 1994; amended, Virginia Register Volume 33, Issue 7, eff. December 29, 2016.
17VAC5-30-170. Boundary changes.
The director or the board may initiate the process for changing the boundaries of a previously listed Virginia Landmarks Register property upon concluding that one or more of the conditions set out in 17VAC5-30-70 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 (17VAC5-30-100 et seq.) shall apply. However, only the additional area proposed for inclusion in the Virginia Landmarks Register shall be used to determine the property owners and the adjacent property owners to receive notification pursuant to 17VAC5-30-100 and 17VAC5-30-110. Only the owners of the property in the additional area shall be counted in determining whether a majority of owners object to listing in the Virginia Landmarks 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 at least 30 days to comment prior to formal action by the board.
Statutory Authority
§ 10.1-2205 of the Code of Virginia.
Historical Notes
Derived from VR390-01-03 § 5.4, eff. February 9, 1994.
17VAC5-30-180. Removal of property from the Virginia Landmarks Register.
The director or the board may initiate the process for removing property from the Virginia Landmarks Register upon concluding that one or more of the conditions set out in 17VAC5-30-90 have been met. Where the director or the board initiates the process, the director shall notify the property owner or owners and the chief elected local official and give them at least 30 days to comment prior to formal action by the board. In addition, any person or organization may petition in writing for removal of a property from the Virginia Landmarks Register by setting forth the reasons the property should be removed on the grounds established in 17VAC5-30-90.
Upon receipt of a petition for removal of property from the Virginia Landmarks Register, the director shall notify the petitioner within 45 days as to whether the petition demonstrates that one or more of the conditions set out in 17VAC5-30-90 have been met. Upon finding that one or more of those conditions have been met, the director shall notify the property owners and the chief elected local official and give them at least 30 days to comment prior to formal action by the board. Upon a finding by the director that none of those conditions have been met, the petitioner may appeal to the board as set out in 17VAC5-30-190.
Statutory Authority
§ 10.1-2205 of the Code of Virginia.
Historical Notes
Derived from VR390-01-03 § 5.5, eff. February 9, 1994.