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.
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 property owners.
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. 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 significant.
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 National Register.
17VAC10-20-200. Owner objections.
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. Any owner or owners of a private
property who wish to object shall submit to the director
a at least
seven business days prior to the meeting of the board at which the property is
considered for nomination a written, attested, and notarized statement of
objection referencing the subject property by address, parcel number, or both
and certifying that the objecting party is the sole or partial owner
of the private property, as appropriate, and objects to the listing. 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. Such
statement 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 nomination.
If the owner of a private property, or the majority of the owners of a single
private property with multiple owners, or 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.
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.