reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 30 - EVALUATION CRITERIA AND PROCEDURES FOR DESIGNATIONS BY THE BOARD OF HISTORIC RESOURCES › Part V - Review and Action by the Director and the Board on Virginia Landmarks Register Proposals › Section 17VAC5-30-180 - Removal of property from the Virginia Landmarks Register

Current through Register Vol. 40, No. 24, July 15, 2024
The director or the board may initiate the process for
					 removing property from the Virginia Landmarks Register upon concluding that one
					 or more of the conditions set out in
					 17VAC5-30-90 have been met. Where
					 the director or the board initiates the process, the director shall notify the
					 property owner or owners and the chief elected local official and give them at
					 least 30 days to comment prior to formal action by the board. In addition, any
					 person or organization may petition in writing for removal of a property from
					 the Virginia Landmarks Register by setting forth the reasons the property
					 should be removed on the grounds established in
					 17VAC5-30-90.
Upon receipt of a petition for removal of property from the
					 Virginia Landmarks Register, the director shall notify the petitioner within 45
					 days as to whether the petition demonstrates that one or more of the conditions
					 set out in
					 17VAC5-30-90 have been met. Upon
					 finding that one or more of those conditions have been met, the director shall
					 notify the property owners and the chief elected local official and give them
					 at least 30 days to comment prior to formal action by the board. Upon a finding
					 by the director that none of those conditions have been met, the petitioner may
					 appeal to the board as set out in
					 17VAC5-30-190.
Statutory Authority
§ 10.1-2205 of the Code of Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 30 - EVALUATION CRITERIA AND PROCEDURES FOR DESIGNATIONS BY THE BOARD OF HISTORIC RESOURCES › Part VI - Appeals › Section 17VAC5-30-190 - Appeals

Current through Register Vol. 40, No. 24, July 15, 2024
Any person or local government may appeal to the board the
					 failure or refusal of the director to present a property to the board, upon
					 decision of the director not to present the property for any reason when a
					 completed nomination form or a petition for removal of property from the
					 Virginia Landmarks Register had been submitted to the director pursuant to
					 17VAC5-30-140 or
					 17VAC5-30-180. The failure of the
					 director to respond to an applicant within the schedule set out in
					 17VAC5-30-140 for completed
					 nominations or the schedule set out in
					 17VAC5-30-180 for removal
					 petitions may be deemed a failure or refusal to present the property to the
					 board. Upon the request of the board, the director shall complete the
					 applicable notification and hearing requirements of this chapter and shall
					 present the nomination form or the petition for removal to the board for its
					 consideration.
Subject to the provisions of the Code of Virginia and of
					 this chapter, the board has all final decision-making authority for adding
					 properties to the Virginia Landmarks Register, for revising previous
					 designations, and for removing properties from the Virginia Landmarks
					 Register.
Statutory Authority
§ 10.1-2205 of the Code of Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 30 - EVALUATION CRITERIA AND PROCEDURES FOR DESIGNATIONS BY THE BOARD OF HISTORIC RESOURCES › Part VI - Appeals › Form - FORMS (17VAC5-30)

Current through Register Vol. 40, No. 24, July 15, 2024
National Register of Historic Places Registration, OMB No.
					 10024-0018 (eff. 10/90).
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 40 - REGULATIONS GOVERNING CONTEXTUALIZATION OF MONUMENTS OR MEMORIALS FOR CERTAIN WAR VETERANS › Section 17VAC5-40-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
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,
				  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 to explain the circumstances, influences, and conditions that
				  existed at the time a war memorial or monument was erected and resulted in its
				  erection.
"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. 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.
Statutory Authority: § 10.1-2204 of the Code of
					 Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 40 - REGULATIONS GOVERNING CONTEXTUALIZATION OF MONUMENTS OR MEMORIALS FOR CERTAIN WAR VETERANS › Section 17VAC5-40-20 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
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.
Statutory Authority: § 10.1-2204 of the Code of
					 Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 40 - REGULATIONS GOVERNING CONTEXTUALIZATION OF MONUMENTS OR MEMORIALS FOR CERTAIN WAR VETERANS › Section 17VAC5-40-30 - General provisions

Current through Register Vol. 40, No. 24, July 15, 2024
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.
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.
D. If the
				board has approved a marker and a locality subsequently desires to change that
				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 text of 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 name of the locality and the year the
				marker was created shall appear on the marker.
I. Only one marker per monument or memorial
				will be approved by the board.
Statutory Authority: § 10.1-2204 of the Code of
					 Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 40 - REGULATIONS GOVERNING CONTEXTUALIZATION OF MONUMENTS OR MEMORIALS FOR CERTAIN WAR VETERANS › Section 17VAC5-40-40 - Marker approval application

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Subject to the requirements of this chapter, a locality may, at its own
				expense, erect a marker on or near any monument or memorial located within its
				boundaries.
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.
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 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;
6. The proposed 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;
b. An explanation of
				the documented motivation for the monument's or memorial's creation;
c. The parties involved in the process of
				creating the monument or memorial and what their motivations were;
				and
d. The parties excluded from
				the process of creating the monument or memorial;
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
				text of 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.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 40 - REGULATIONS GOVERNING CONTEXTUALIZATION OF MONUMENTS OR MEMORIALS FOR CERTAIN WAR VETERANS › Section 17VAC5-40-50 - Issuance of approval

Current through Register Vol. 40, No. 24, July 15, 2024
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 text;
2. Whether the
				proposed 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.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 40 - REGULATIONS GOVERNING CONTEXTUALIZATION OF MONUMENTS OR MEMORIALS FOR CERTAIN WAR VETERANS › Form - FORMS (17VAC5-40)

Current through Register Vol. 40, No. 24, July 15, 2024
Monument
				  or Memorial Contextualization Approval Application (eff.
				  12/2021)
Statutory Authority: § 10.1-2204 of the Code of
					 Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 10 - DEPARTMENT OF HISTORIC RESOURCES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 17VAC10-11-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to promote public
					 involvement in the development, amendment or repeal of the regulations of the
					 Department of Historic Resources. This chapter does not apply to regulations,
					 guidelines, or other documents exempted or excluded from the provisions of the
					 Administrative Process Act (§ 2.2-4000 et seq. of the Code of
					 Virginia).
Statutory Authority
§§ 2.2-4007.02 and 10.1-2202 of the Code of
						Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 10 - DEPARTMENT OF HISTORIC RESOURCES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 17VAC10-11-30 - Notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency
				  shall maintain a list of persons who have requested to be notified of
				  regulatory actions being pursued by the agency.
B. Any person may request to be placed on a
				  notification list by registering as a public user on the Town Hall or by making
				  a request to the agency. Any person who requests to be placed on a notification
				  list shall elect to be notified either by electronic means or through a postal
				  carrier.
C. The agency may maintain
				  additional lists for persons who have requested to be informed of specific
				  regulatory issues, proposals, or actions.
D. When electronic mail is returned as
				  undeliverable on multiple occasions at least 24 hours apart, that person may be
				  deleted from the list. A single undeliverable message is insufficient cause to
				  delete the person from the list.
E.
				  When mail delivered by a postal carrier is returned as undeliverable on
				  multiple occasions, that person may be deleted from the list.
F. The agency may periodically request those
				  persons on the notification list to indicate their desire to either continue to
				  be notified electronically, receive documents through a postal carrier, or be
				  deleted from the list.
Statutory Authority
§§ 2.2-4007.02 and 10.1-2202 of the Code of
						Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 10 - DEPARTMENT OF HISTORIC RESOURCES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 17VAC10-11-40 - Information to be sent to persons on the notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. To persons electing to receive electronic
				  notification or notification through a postal carrier as described in
				  17VAC10-11-30, the agency shall
				  send the following information:
1. A notice of
				  intended regulatory action (NOIRA).
2. A notice of the comment period on a
				  proposed, a reproposed, or a fast-track regulation and hyperlinks to, or
				  instructions on how to obtain, a copy of the regulation and any supporting
				  documents.
3. A notice soliciting
				  comment on a final regulation when the regulatory process has been extended
				  pursuant to § 2.2-4007.06 or 2.2-4013C of the Code of Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 10 - DEPARTMENT OF HISTORIC RESOURCES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 17VAC10-11-50 - Public comment

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  considering any nonemergency, nonexempt regulatory action, the agency shall
				  afford interested persons an opportunity to (i) submit data, views, and
				  arguments, either orally or in writing, to the agency; and (ii) be accompanied
				  by and represented by counsel or other representative. Such opportunity to
				  comment shall include an online public comment forum on the Town Hall.
1. To any requesting person, the agency shall
				  provide copies of the statement of basis, purpose, substance, and issues; the
				  economic impact analysis of the proposed or fast-track regulatory action; and
				  the agency's response to public comments received.
2. The agency may begin crafting a regulatory
				  action prior to or during any opportunities it provides to the public to submit
				  comments.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 10 - DEPARTMENT OF HISTORIC RESOURCES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 17VAC10-11-60 - Petition for rulemaking

Current through Register Vol. 40, No. 24, July 15, 2024
A. As
				  provided in § 2.2-4007 of the Code of Virginia, any person may petition
				  the agency to consider a regulatory action.
B. A petition shall include but is not
				  limited to the following information:
1. The
				  petitioner's name and contact information;
2. The substance and purpose of the
				  rulemaking that is requested, including reference to any applicable Virginia
				  Administrative Code sections; and
3. Reference to the legal authority of the
				  agency to take the action requested.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 10 - DEPARTMENT OF HISTORIC RESOURCES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 17VAC10-11-70 - Appointment of regulatory advisory panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a regulatory
				  advisory panel (RAP) to provide professional specialization or technical
				  assistance when the agency determines that such expertise is necessary to
				  address a specific regulatory issue or action or when individuals indicate an
				  interest in working with the agency on a specific regulatory issue or
				  action.
B. Any person may request
				  the appointment of a RAP and request to participate in its activities. The
				  agency shall determine when a RAP shall be appointed and the composition of the
				  RAP.
C. A RAP may be dissolved by
				  the agency if:
1. The proposed text of the
				  regulation is posted on the Town Hall, published in the Virginia Register, or
				  such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 10 - DEPARTMENT OF HISTORIC RESOURCES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 17VAC10-11-80 - Appointment of negotiated rulemaking panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a negotiated
				  rulemaking panel (NRP) if a regulatory action is expected to be
				  controversial.
B. An NRP that has
				  been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated
				  with the development of the regulation;
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act; or
3. The agency
				  determines that resolution of a controversy is unlikely.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 10 - DEPARTMENT OF HISTORIC RESOURCES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 17VAC10-11-90 - Meetings

Current through Register Vol. 40, No. 24, July 15, 2024
Notice of any open meeting, including meetings of a RAP or
					 NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth
					 Calendar at least seven working days prior to the date of the meeting. The
					 exception to this requirement is any meeting held in accordance with §
					 2.2-3707D of the Code of Virginia allowing for contemporaneous notice to be
					 provided to participants and the public.
Statutory Authority
§§ 2.2-4007.02 and 10.1-2202 of the Code of
						Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 10 - DEPARTMENT OF HISTORIC RESOURCES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 17VAC10-11-100 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall indicate in its notice of
				  intended regulatory action whether it plans to hold a public hearing following
				  the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public
				  hearings during the comment period following the publication of a proposed
				  regulatory action.
C. An agency is
				  required to hold a public hearing following the publication of the proposed
				  regulatory action when:
1. The agency's basic
				  law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a
				  public hearing; or
3. The agency
				  receives requests for a public hearing from at least 25 persons during the
				  public comment period following the publication of the notice of intended
				  regulatory action.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 10 - DEPARTMENT OF HISTORIC RESOURCES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 17VAC10-11-110 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall conduct a periodic review
				  of its regulations consistent with:
1. An
				  executive order issued by the Governor pursuant to § 2.2-4017 of the
				  Administrative Process Act to receive comment on all existing regulations as to
				  their effectiveness, efficiency, necessity, clarity, and cost of compliance;
				  and
2. The requirements in §
				  2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility
				  for small businesses.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 10 - DEPARTMENT OF HISTORIC RESOURCES › Chapter 20 - EVALUATION CRITERIA AND PROCEDURES FOR NOMINATIONS OF PROPERTY TO THE NATIONAL REGISTER OR FOR DESIGNATION AS A NATIONAL HISTORIC LANDMARK › Part I - Definitions; Applicability › Section 17VAC10-20-20 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter pertains specifically to the director's
					 nomination of property to the National Park Service for inclusion in the
					 National Register of Historic Places or for designation as a National Historic
					 Landmark. Parallel evaluation criteria and administrative procedures applicable
					 to the designation of properties by the Virginia Board of Historic Resources
					 are set out in a separate chapter.
Statutory Authority
§ 10.1-2202 of the Code of Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 10 - DEPARTMENT OF HISTORIC RESOURCES › Chapter 20 - EVALUATION CRITERIA AND PROCEDURES FOR NOMINATIONS OF PROPERTY TO THE NATIONAL REGISTER OR FOR DESIGNATION AS A NATIONAL HISTORIC LANDMARK › Part II - General Provisions › Section 17VAC10-20-30 - General provisions

Current through Register Vol. 40, No. 24, July 15, 2024
The director, as State Historic Preservation Officer, is
					 responsible for identifying and nominating eligible properties to the National
					 Register of Historic Places. The State Historic Preservation Officer supervises
					 the preparation of nomination forms for submission to the National Park
					 Service.
Any person or organization may submit a completed National
					 Register nomination form to the director; any person or organization may also
					 request the director's consideration of any previously prepared nomination form
					 on record with the department.
In determining whether to nominate a property to the
					 National Register, the director shall evaluate the property according to the
					 National Park Service's National Register Criteria for Evaluation, as set out
					 in Article 1 of Part III of this chapter (17VAC10-20-40 et seq.). In
					 determining whether to nominate a property for designation as a National
					 Historic Landmark, the director shall evaluate the property according to the
					 National Park Service's National Historic Landmark Criteria, as set out in
					 Article 2 of Part III of this chapter (17VAC10-20-100 et seq.).
Prior to submitting a nomination of property to the
					 National Park Service, the director shall follow the procedures set out in
					 17VAC10-20-130 concerning
					 notification to property owners and chief local elected officials. Prior to
					 submitting a nomination for a historic district, the director shall also follow
					 the procedures set out in
					 17VAC10-20-140 for conducting a
					 public hearing.
The director shall also conduct the nomination process
					 pursuant to all applicable federal regulations as set out in 36 CFR 60 and in
					 accordance with additional guidance issued by the National Park Service. Where
					 this chapter establishes a more rigorous standard for public notification than
					 does the corresponding federal regulation, this chapter shall apply. However,
					 pursuant to § 10.1-2202 of the Code of Virginia, no provision of this
					 chapter shall be construed to require the director to conduct the National
					 Register nomination process or the National Historic Landmark nomination
					 process in a manner that is inconsistent with the requirements of federal law
					 or regulation.
Statutory Authority
§ 10.1-2202 of the Code of Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 10 - DEPARTMENT OF HISTORIC RESOURCES › Chapter 20 - EVALUATION CRITERIA AND PROCEDURES FOR NOMINATIONS OF PROPERTY TO THE NATIONAL REGISTER OR FOR DESIGNATION AS A NATIONAL HISTORIC LANDMARK › Part III - Resource Evaluation Criteria › Article 1 - National Register Criteria for Evaluation › Section 17VAC10-20-40 - Historic significance

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
					 determining whether to nominate a district, site, building, structure, or
					 object to the National Register, the director must determine whether the
					 district, site, building, structure, or object has historic significance. A
					 resource shall be deemed to have historic significance if it meets one or more
					 of the following four criteria:
1. The
					 resource is associated with events that have made a significant contribution to
					 the broad patterns of our history; or
2. The resource is associated with the lives
					 of persons significant in our past; or
3. The resource embodies the distinctive
					 characteristics of a type, period, design, or method of construction, or
					 represents the work of a master (for example, an individual of generally
					 recognized greatness in a field such as architecture, engineering, art, or
					 planning, or a craftsman whose work is distinctive in skill or style), or
					 possesses high artistic values, or is a district that taken as a whole embodies
					 one or more of the preceding characteristics, even though its components may
					 lack individual distinction; or
4.
					 The resource has yielded or is likely to yield, normally through archaeological
					 investigation, information important in understanding the broad patterns or
					 major events of prehistory or history.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 10 - DEPARTMENT OF HISTORIC RESOURCES › Chapter 20 - EVALUATION CRITERIA AND PROCEDURES FOR NOMINATIONS OF PROPERTY TO THE NATIONAL REGISTER OR FOR DESIGNATION AS A NATIONAL HISTORIC LANDMARK › Part III - Resource Evaluation Criteria › Article 1 - National Register Criteria for Evaluation › Section 17VAC10-20-60 - Boundaries for historic properties

Current through Register Vol. 40, No. 24, July 15, 2024
Boundaries for a historic district, property, building,
						structure, object or site are selected to encompass, but not to exceed, the
						full extent of the significant resources or land area making up the resource.
						The area should be large enough to include all historic features of the
						property, but should not include "buffer zones" or acreage not directly
						contributing to the significance of the property. The following features are to
						be used to mark the boundaries, as they reflect the resources:
(i) legally recorded boundary lines; or
(ii) natural topographic features
					 such as ridges, valleys, rivers, and forests; or
(iii) man-made features such as stone walls,
					 hedgerows, the curblines of highways, streets, and roads; or
(iv) areas of new construction.
Statutory Authority
§ 10.1-2202 of the Code of Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 10 - DEPARTMENT OF HISTORIC RESOURCES › Chapter 20 - EVALUATION CRITERIA AND PROCEDURES FOR NOMINATIONS OF PROPERTY TO THE NATIONAL REGISTER OR FOR DESIGNATION AS A NATIONAL HISTORIC LANDMARK › Part III - Resource Evaluation Criteria › Article 1 - National Register Criteria for Evaluation › Section 17VAC10-20-70 - Additional criteria considerations

Current through Register Vol. 40, No. 24, July 15, 2024
Ordinarily cemeteries, birthplaces, or graves of
						historical figures, properties owned by religious institutions or used for
						religious purposes, structures that have been moved from their original
						locations, reconstructed historic buildings, properties primarily commemorative
						in nature, and properties that are less than 50 years old shall not be
						considered eligible for the National Register. However, such properties will
						qualify if they are integral parts of districts that do meet the criteria or if
						they fall within one or more of the following categories:
1. A religious property deriving primary
					 significance from architectural or artistic distinction or historical
					 importance: a religious property shall be judged solely on these secular terms
					 to avoid any appearance of judgment by government about the merit of any
					 religion or belief; or
2. A
					 building or structure removed from its original location but which is
					 significant primarily for architectural value, or which is the surviving
					 structure most importantly associated with a historic person or event;
					 or
3. A birthplace or grave of a
					 historical figure of outstanding importance if there is no appropriate site or
					 building directly associated with his productive life; or
4. A cemetery which derives its primary
					 significance from graves of persons of transcendent importance, from age, from
					 distinctive design features, or from association with historic events;
					 or
5. A reconstructed building when
					 accurately executed in a suitable environment and presented in a dignified
					 manner as part of a restoration master plan, and when no other building or
					 structure with the same association has survived; or
6. A property primarily commemorative in
					 intent if design, age, tradition, or symbolic value has invested it with its
					 own exceptional significance; or
7.
					 A property less than 50 years old if it is of exceptional importance.
Statutory Authority
§ 10.1-2202 of the Code of Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 10 - DEPARTMENT OF HISTORIC RESOURCES › Chapter 20 - EVALUATION CRITERIA AND PROCEDURES FOR NOMINATIONS OF PROPERTY TO THE NATIONAL REGISTER OR FOR DESIGNATION AS A NATIONAL HISTORIC LANDMARK › Part III - Resource Evaluation Criteria › Article 1 - National Register Criteria for Evaluation › Section 17VAC10-20-80 - Revisions to properties listed in the National Register

Current through Register Vol. 40, No. 24, July 15, 2024
Four justifications exist for altering a boundary of a
						property previously listed in the National Register:
1. Professional error in the initial
					 nomination;
2. Loss of historic
					 integrity;
3. Recognition of
					 additional significance;
4.
					 Additional research documenting that a larger or smaller area should be listed.
The director shall recommend no enlargement of a boundary
						unless the additional area possesses previously unrecognized significance in
						American history, architecture, archeology, engineering or culture. The
						director shall recommend no diminution of a boundary unless the properties
						recommended for removal do not meet the National Register criteria for
						evaluation.
Statutory Authority
§ 10.1-2202 of the Code of Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 10 - DEPARTMENT OF HISTORIC RESOURCES › Chapter 20 - EVALUATION CRITERIA AND PROCEDURES FOR NOMINATIONS OF PROPERTY TO THE NATIONAL REGISTER OR FOR DESIGNATION AS A NATIONAL HISTORIC LANDMARK › Part III - Resource Evaluation Criteria › Article 1 - National Register Criteria for Evaluation › Section 17VAC10-20-90 - Removing properties from the National Register

Current through Register Vol. 40, No. 24, July 15, 2024
Grounds for removing properties from the National
						Register are as follows:
1. The
					 property has ceased to meet the criteria for listing in the National Register
					 because the qualities which caused it to be originally listed have been lost or
					 destroyed, or such qualities were lost subsequent to nomination and prior to
					 listing;
2. Additional information
					 shows that the property does not meet the National Register criteria for
					 evaluation;
3. Error in
					 professional judgment as to whether the property meets the criteria for
					 evaluation; or
4. Prejudicial
					 procedural error in the nomination or listing process.
Statutory Authority
§ 10.1-2202 of the Code of Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 10 - DEPARTMENT OF HISTORIC RESOURCES › Chapter 20 - EVALUATION CRITERIA AND PROCEDURES FOR NOMINATIONS OF PROPERTY TO THE NATIONAL REGISTER OR FOR DESIGNATION AS A NATIONAL HISTORIC LANDMARK › Part III - Resource Evaluation Criteria › Article 2 - National Historic Landmark Criteria for Evaluation › Section 17VAC10-20-100 - Historic significance

Current through Register Vol. 40, No. 24, July 15, 2024
In determining whether to nominate a resource for
						designation as a National Historic Landmark, the director must determine
						whether the resource has national significance. The quality of national
						significance is ascribed to districts, sites, buildings, structures, and
						objects that possess exceptional value or quality in illustrating or
						interpreting the heritage of the United States in history, architecture,
						archaeology, engineering and culture. A resource shall be deemed to have
						national significance for the purpose of this section if it meets one or more
						of the following six criteria:
1. The
					 resource is associated with events that have made a significant contribution
					 to, and are identified with, or that outstandingly represent, the broad
					 national patterns of United States history and from which an understanding and
					 appreciation of those patterns may be gained; or
2. The resource is associated importantly
					 with the lives of persons nationally significant in the history of the United
					 States; or
3. The resource
					 represents some great idea or ideal of the American people; or
4. The resource embodies the distinguishing
					 characteristics of an architectural type specimen exceptionally valuable for a
					 study of a period, style or method of construction, or that represent a
					 significant, distinctive, and exceptional entity whose components may lack
					 individual distinction; or
5. The
					 resource is composed of integral parts of the environment not sufficiently
					 significant by reason of historical association or artistic merit to warrant
					 individual recognition but collectively compose an entity of exceptional
					 historical or artistic significance, or outstandingly commemorate or illustrate
					 a way of life or culture; or
6. The
					 resource has yielded or may be likely to yield information of major scientific
					 importance by revealing new cultures, or by shedding light upon periods of
					 occupation over large areas of the United States. Such sites are those which
					 have yielded, or which may reasonably be expected to yield, data affecting
					 theories, concepts and ideas to a major degree.
Statutory Authority
§ 10.1-2202 of the Code of Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 10 - DEPARTMENT OF HISTORIC RESOURCES › Chapter 20 - EVALUATION CRITERIA AND PROCEDURES FOR NOMINATIONS OF PROPERTY TO THE NATIONAL REGISTER OR FOR DESIGNATION AS A NATIONAL HISTORIC LANDMARK › Part III - Resource Evaluation Criteria › Article 2 - National Historic Landmark Criteria for Evaluation › Section 17VAC10-20-110 - Integrity

Current through Register Vol. 40, No. 24, July 15, 2024
In addition to determining the property's significance,
						the director shall determine its integrity. As set out in
						17VAC10-20-50, a property's
						integrity is assessed by examining its location, design, setting, materials,
						workmanship, feeling, and association. A property nominated for designation as
						a National Historic Landmark must retain a high degree of
						integrity.
Statutory Authority
§ 10.1-2202 of the Code of Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 10 - DEPARTMENT OF HISTORIC RESOURCES › Chapter 20 - EVALUATION CRITERIA AND PROCEDURES FOR NOMINATIONS OF PROPERTY TO THE NATIONAL REGISTER OR FOR DESIGNATION AS A NATIONAL HISTORIC LANDMARK › Part III - Resource Evaluation Criteria › Article 2 - National Historic Landmark Criteria for Evaluation › Section 17VAC10-20-120 - Additional National Historic Landmark criteria considerations

Current through Register Vol. 40, No. 24, July 15, 2024
Ordinarily, cemeteries, birthplaces, graves of historical
						figures, properties owned by religious institutions or used for religious
						purposes, structures that have been moved from their original locations,
						reconstructed historic buildings, and properties less than 50 years old are not
						eligible for designation. Such properties, however, will qualify if they fall
						within the following categories:
1. A
					 religious property deriving its primary national significance from
					 architectural or artistic distinction or historical importance; or
2. A building or structure removed from its
					 original location but which is nationally significant primarily for its
					 architectural merit, or for association with persons or events of transcendent
					 importance in the nation's history and the association consequential;
					 or
3. A site of a building or
					 structure no longer standing but the person or event associated with it is of
					 transcendent importance in the nation's history and the association
					 consequential; or
4. A birthplace,
					 grave or burial if it is of a historical figure of transcendent national
					 significance and no other appropriate site, building or structure directly
					 associated with the productive life of that person exists; or
5. A cemetery that derives its primary
					 national significance from graves of persons of transcendent importance, or
					 from an exceptionally distinctive design, or from an exceptionally significant
					 event; or
6. A reconstructed
					 building or ensemble of buildings of extraordinary national significance when
					 accurately executed in a suitable environment and presented in a dignified
					 manner as part of a restoration master plan, and when no other buildings or
					 structures with the same association have survived; or
7. A property primarily commemorative in
					 intent if design, age, tradition, or symbolic value has invested it with its
					 own national historical significance; or
8. A property less than 50 years old, if it
					 is of extraordinary national importance.
Statutory Authority
§ 10.1-2202 of the Code of Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 10 - DEPARTMENT OF HISTORIC RESOURCES › Chapter 20 - EVALUATION CRITERIA AND PROCEDURES FOR NOMINATIONS OF PROPERTY TO THE NATIONAL REGISTER OR FOR DESIGNATION AS A NATIONAL HISTORIC LANDMARK › Part IV - Public Notice and Public Hearings › Section 17VAC10-20-130 - Written notice of proposed nominations

Current through Register Vol. 40, No. 24, July 15, 2024
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 (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.
Statutory Authority: § 10.1-2202 of the Code of
						Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 10 - DEPARTMENT OF HISTORIC RESOURCES › Chapter 20 - EVALUATION CRITERIA AND PROCEDURES FOR NOMINATIONS OF PROPERTY TO THE NATIONAL REGISTER OR FOR DESIGNATION AS A NATIONAL HISTORIC LANDMARK › Part IV - Public Notice and Public Hearings › Section 17VAC10-20-140 - Public hearing for historic district; notice of hearing

Current through Register Vol. 40, No. 24, July 15, 2024
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 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
				  (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.
D. The department
				  shall make and maintain an appropriate record of all public hearings held
				  pursuant to this section.
Statutory Authority: § 10.1-2202 of the Code of
						Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 10 - DEPARTMENT OF HISTORIC RESOURCES › Chapter 20 - EVALUATION CRITERIA AND PROCEDURES FOR NOMINATIONS OF PROPERTY TO THE NATIONAL REGISTER OR FOR DESIGNATION AS A NATIONAL HISTORIC LANDMARK › Part IV - Public Notice and Public Hearings › Section 17VAC10-20-150 - Mailings and affidavits; concurrent state and federal notice

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall send the required notices by first
					 class mail to the last known address of each person entitled to notice 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.
Statutory Authority: § 10.1-2202 of the Code of
						Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 10 - DEPARTMENT OF HISTORIC RESOURCES › Chapter 20 - EVALUATION CRITERIA AND PROCEDURES FOR NOMINATIONS OF PROPERTY TO THE NATIONAL REGISTER OR FOR DESIGNATION AS A NATIONAL HISTORIC LANDMARK › Part IV - Public Notice and Public Hearings › Section 17VAC10-20-160 - Public comment period

Current through Register Vol. 40, No. 24, July 15, 2024
The local governing body and property owners shall have at
					 least 30 days from the date of the notice required by
					 17VAC10-20-130, or, in the case of
					 a historic district, 30 days from the date of the public hearing required by
					 17VAC10-20-140 to provide comments
					 and recommendations, if any, to the director.
Statutory Authority
§ 10.1-2202 of the Code of Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 10 - DEPARTMENT OF HISTORIC RESOURCES › Chapter 20 - EVALUATION CRITERIA AND PROCEDURES FOR NOMINATIONS OF PROPERTY TO THE NATIONAL REGISTER OR FOR DESIGNATION AS A NATIONAL HISTORIC LANDMARK › Part IV - Public Notice and Public Hearings › Section 17VAC10-20-180 - Consideration by the State Review Board

Current through Register Vol. 40, No. 24, July 15, 2024
The director shall submit completed nomination forms or
					 the documentation proposed for submission on the nomination forms and comments
					 concerning the significance of a property and its eligibility for the National
					 Register to the State Review Board. The State Review Board shall review the
					 nomination forms or documentation proposed for submission on the nomination
					 forms and any comments received concerning the property's significance and
					 eligibility for the National Register. The State Review Board shall determine
					 whether or not the property meets the National Register criteria for evaluation
					 and make a recommendation to the director to approve or disapprove the
					 nomination.
Statutory Authority
§ 10.1-2202 of the Code of Virginia.