Public Notice and Public Hearings
17VAC10-20-130. Written notice of proposed nominations.
In any county, city, or town where the director proposes to
nominate property to the National Park Service for inclusion in the National
Register of Historic Places or for designation as a National Historic Landmark,
the department shall give written notice of the proposal to the governing body
and to the owner, owners, or the owner's agent of (i) property proposed
to be nominated as a historic landmark building, structure, object, or site, or
to be included in a historic district
, and to the owners, or their
agents, of (ii) 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. The department shall send
this written notice at least 30 but not more than 75 days before the State
Review Board meeting at which the nomination will be considered.
17VAC10-20-140. Public hearing for historic district; notice of hearing.
A. Prior to the nomination 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 director. 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
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 to
the owners, or their agents, of (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 17VAC10-20-130. 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 17VAC10-20-130. 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
D. The department shall make and maintain an appropriate record of all public hearings held pursuant to this section.
17VAC10-20-150. 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
, as shown on
the current real estate tax assessment books pursuant to 17VAC10-20-130.
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 Virginia Landmarks Register pursuant to designation by the
Virginia Board of Historic Resources, the department may provide concurrent
notice of the proposed state designation and the proposed nomination to the
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
to the director a written, attested, and
notarized statement certifying 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
owner objecting party whose name
did not appear on the current real estate tax assessment list 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 ,
have 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.