Review of projects for both the federal and state programs is guided by The Secretary of the Interior's Standards for Rehabilitation. The Department invites and accepts donations of preservation easements to the Commonwealth from private owners of registered historic properties. The easement is a legal agreement between the state and the property owner binding owners to respect the historic features of the property and refrain from inappropriate change and development. The donation of a preservation easement is considered a charitable contribution for tax purposes, lowers the assessed value of the real estate, and may be an important tax consideration in estate planning. Because the easement donation is permanent, the perpetual protection of the property is guaranteed through an ongoing partnership between the Department and the property owner as well as all future owners.
Easements are an important tool to encourage protection of historic resources.
To qualify for easement protection, the property must be listed on the Virginia Landmarks Register or be a contributing building in a registered historic district. To date, the easement program permanently protects more that 200 Historic Properties in Virginia. Timely review, discussion and negotiation under this process usually produce a mutually agreeable solution that minimizes any harmful effects the federal project might have on historic and archaeological resources. The Department's approach is one of partnership with the federal agency to achieve outcomes that meet the objectives of the federal agency and protect Virginia's historic resources. The Department also acts under state law to review all proposed alterations, remodeling, repairs and demolition of state-owned landmarks.