Final Text
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 to the owners, or their agents, (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.
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 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 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.
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, as shown on
the current real estate tax assessment books 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.
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 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
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.
If an owner C. An 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
17VAC5-30-120 certifies in a must submit with the written,
attested, and notarized statement that of objection an attested
and notarized copy of the party is the sole or partial owner of a
nominated property, such owner 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, or (ii) the majority of owners of a
single property with multiple owners, or (iii) a majority of the owners
in a district, have has objected to the designation. These
objections must be received prior to the meeting of the board at which the
property is considered for 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 object 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.