The following words and terms, when used in this chapter, shall have the following meaning unless the context clearly indicates otherwise:
"Application" means an application for approval of [
a marker contextualization text ] , in a form prescribed by the director and containing the basic information required by 17VAC5-40-40,
"Board" means the Virginia Board of Historic Resources.
"Contextualize" means the use of facts derived from [
sources that can be cited primary or footed secondary sources, to include oral history, ] to explain the circumstances, influences, and conditions that existed at the time a war memorial or monument was erected and resulted in its erection.
["Contextualization Text" means text that contextualizes or purports to contextualize a monument or memorial. ]
"Department" means the Virginia Department of Historic Resources.
"Director" means the Director of the Department.
"Locality's public property" means any property owned by a locality, excluding any publicly owned cemetery.
"Marker" means a marker, plaque, or signage of any kind that [
contextualizes or purports to contextualize a monument or memorial. bears or contains a Contextualization Text. The term "marker," though singular, includes one or more markers, plaques, or signs of any kind. ] A marker is not a monument or memorial.
"Monument" or "memorial" means any object erected on a locality's public property pursuant to § 15.2-1812 of the Code of Virginia, intended to commemorate the veterans of any war or conflict, or any engagement of such war or conflict, to include the following: Algonquin (1622), French and Indian (1754-1763), Revolutionary (1775-1783), War of 1812 (1812-1815), Mexican (1846-1848), Civil War (1861-1865), Spanish-American (1898), World War I (1917-1918), World War II (1941-1945), Korean (1950-1953), Vietnam (1965-1973), Operation Desert Shield-Desert Storm (1990-1991), Global War on Terrorism (2000- ), Operation Enduring Freedom (2001- ), and Operation Iraqi Freedom (2003- ). "Monument" or "memorial" includes both the object and the pedestal on which an object is placed. "Monument" or "memorial" does not include any monument or memorial located in a publicly owned cemetery.
This chapter shall apply to any locality that proposes to contextualize any monument or memorial pursuant to § 15.2-1812 of the Code of Virginia.
A. After first fulfilling the requirements set forth in § 15.2-1812 B of the Code of Virginia, any locality proposing to contextualize any monument or memorial shall submit an application to the department and obtain approval of the application from the board. [ No contextualization text shall be produced anywhere on or near a monument or memorial except on a marker approved by the board. ]
B. No marker shall be erected or placed on or near a monument or memorial without approval from the board.
C. If a marker is erected without having received approval from the board, then such marker must be removed. [ If contextualization text is produced on or near a monument or memorial on anything other than a marker approved by the board, such contextualization text must be removed. ]
D. If the board has approved [ contextualization text and ] a marker and a locality subsequently desires to change that [ contextualization text or ] marker, then the locality must submit a new application for such change.
E. Markers shall differ in style and appearance from state historical markers and shall display on the face of the marker prominent notice of the governing body or its agent that funded its production and erection. The [ contextualization ] text
of [ on ] a marker shall adhere to the formatting guidelines as described in the application.
F. Any marker that is erected shall be the property of the locality.
G. The locality shall be responsible for covering all expenses associated with producing and installing the marker.
H. [ The locality shall be responsible for covering all expenses associated with removing (i) any unapproved marker installed by the locality and (ii) any contextualization text that is produced on or near a monument or memorial that is not on a marker approved by the board. ]
[ I. ] The name of the locality and the year the marker was created shall appear on the marker.
I J ] . Only one [ marker contextualization text ] per monument or memorial will be approved by the board. [ Such contextualization text may be produced on one or more markers. ]
A. Subject to the requirements of this chapter, a locality may, at its own expense, [
erect a marker on or near contextualize ] any monument or memorial located [ within its boundaries on the locality's public property by erecting a marker that contains contextualization text ] .
B. Prior to erecting such a marker, the locality shall first submit an application to the department and obtain approval from the board of such [
application, the marker, and the contextualization text ] .
C. The application shall be in such form as prescribed by the director and shall include the following basic information:
1. Name, address, email address, and phone number of the local government official who will serve as the primary point of contact;
2. Location and description of the monument or memorial for which the [ contextualization text and the ] marker is proposed;
3. The text of any and all inscriptions that appear on the monument or memorial;
4. A statement indicating when the monument or memorial was erected, who erected it, and who paid for it, if known, accompanied by documents verifying this information;
5. A statement of purpose of the [
project contextualization project, the contextualization text, and the marker ] ;
6. The proposed [ contextualization ] text [
and location ] for the marker, which shall include the following information:
a. A description of [
the circumstances, influences, and conditions that existed at the time the monument or memorial was erected who commissioned, paid for, and created the monument or memorial, when it was erected, and what it depicts ] ;
An explanation A description ] of the documented [ motivation reasons ] for the monument's or memorial's creation;
The parties involved in the process of creating the monument or memorial and what their motivations were A description of any documented local opposition at any time to the monument or memorial ] ; and
The parties excluded from the process of creating the monument or memorial A description of the historical era in which the monument or memorial was erected, including information about who held local political power;
7. The proposed location for the marker, which location shall (i) be at or close to the monument or memorial being contextualized and (ii) permit the public to safely view the marker;
8. Documentation relevant to the application, including (i) copies of all references and sources used to draft the proposed [ contextualization ] text [
of for ] the marker and (ii) photographs of the monument or memorial to be contextualized;
9. The expected timetable for erection or placement of the marker; and
10. The design, appearance, size, and height for the proposed marker.
D. The department shall process up to five applications for contextualization per quarter, on a first-come, first-served basis. Any applications received after the first five will be deferred to the next board cycle. The department shall review the applications for completeness and accuracy. The department, as it deems necessary, may request additional documentation and information from an applicant. The department may deny an application if it is incomplete or otherwise does not include all the documentation or information required by the department. After the department determines that an application is complete and accurate, the department will present the application to the board.
A. The board shall evaluate applications presented by the department to the board and determine whether to approve such applications. Approval of an application is in the board's sole discretion. In evaluating whether to approve an application, the board may consider, without limitation:
1. Whether the proposed marker contains true and correct [ contextualization ] text;
2. Whether the proposed [ contextualization ] text provides a complete and accurate historical context of the monument or memorial;
3. The quality and validity of the documented sources and documented research provided;
4. Whether the proposed design, appearance, size, and height for the marker differs in style and appearance from state historical markers; and
5. The appropriateness of the proposed location of the marker.
B. The actual [ contextualization ] text, location, design, appearance, size, and height of a marker as erected shall not differ from the [ contextualizing ] text, location, design, appearance, size, and height set forth in the application that has been approved by the board.
C. The board shall not consider any application until the department has determined that such application is complete and accurate and that sufficient documentary evidence has been submitted to establish the authenticity of the proposed [ contextualization ] text for the project.