State Codes and Statutes

Statutes > Virginia > Title-10-1 > Chapter-22 > 10-1-2206-1

§ 10.1-2206.1. Procedure for designating a historic district, building,structure, or site as a historic landmark; National Register of HistoricPlaces, National Historic Landmarks; historic district defined.

A. In any county, city, or town where the Board proposes to designate ahistoric district, building, structure, object, or site as a historiclandmark, or where the Director proposes to nominate property to the NationalPark Service for inclusion in the National Register of Historic Places or fordesignation as a National Historic Landmark, the Department shall givewritten notice of the proposal to the governing body and to the owner,owners, or the owner's agent, of property proposed to be so designated ornominated, and to the owners, or their agents, of all abutting property andproperty immediately across the street or road from the property.

B. Prior to the designation or nomination of a historic district, theDepartment shall hold a public hearing at the seat of government of thecounty, city, or town in which the proposed historic district is located orwithin the proposed historic district. The public hearing shall be for thepurpose of supplying additional information to the Board and to the Director.The time and place of such hearing shall be determined in consultation with aduly authorized representative of the local governing body, and shall bescheduled at a time and place that will reasonably allow for the attendanceof the affected property owners. The Department shall publish notice of thepublic hearing once a week for two successive weeks in a newspaper publishedor having general circulation in the county, city, or town. Such notice shallspecify the time and place of the public hearing at which persons affectedmay appear and present their views, not less than six days nor more thantwenty-one days after the second publication of the notice in such newspaper.In addition to publishing the notice, the Department shall give writtennotice of the public hearing at least five days before such hearing to theowner, owners, or the owner's agent, of each parcel of real property to beincluded in the proposed historic district, and to the owners, or theiragents, of all abutting property and property immediately across the streetor road from the included property. Notice required to be given to owners bythis subsection may be given concurrently with the notice required to begiven to the owners by subsection A. The Department shall make and maintainan appropriate record of all public hearings held pursuant to this section.

C. Any written notice required to be given by the Department to any personshall be deemed to comply with the requirements of this section if sent byfirst class mail to the last known address of such person as shown on thecurrent real estate tax assessment books, provided that a representative ofthe Department shall make an affidavit that such mailings have been made.

D. The local governing body and property owners shall have thirty days fromthe date of the notice required by subsection A, or, in the case of ahistoric district, thirty days from the date of the public hearing requiredby subsection B to provide comments and recommendations, if any, to the Boardand to the Director.

E. For the purposes of this chapter, a historic district means ageographically definable area which contains a significant concentration ofhistoric buildings, structures or sites having a common historical,architectural, archaeological, or cultural heritage, and which may containlocal tax parcels having separate owners. Contributing properties within aregistered district are historic landmarks by definition.

F. All regulations promulgated by the Director pursuant to § 10.1-2202 andall regulations promulgated by the Board pursuant to § 10.1-2205 shall beconsistent with the provisions of this section.

(1992, c. 801; 2006, c. 32.)

State Codes and Statutes

Statutes > Virginia > Title-10-1 > Chapter-22 > 10-1-2206-1

§ 10.1-2206.1. Procedure for designating a historic district, building,structure, or site as a historic landmark; National Register of HistoricPlaces, National Historic Landmarks; historic district defined.

A. In any county, city, or town where the Board proposes to designate ahistoric district, building, structure, object, or site as a historiclandmark, or where the Director proposes to nominate property to the NationalPark Service for inclusion in the National Register of Historic Places or fordesignation as a National Historic Landmark, the Department shall givewritten notice of the proposal to the governing body and to the owner,owners, or the owner's agent, of property proposed to be so designated ornominated, and to the owners, or their agents, of all abutting property andproperty immediately across the street or road from the property.

B. Prior to the designation or nomination of a historic district, theDepartment shall hold a public hearing at the seat of government of thecounty, city, or town in which the proposed historic district is located orwithin the proposed historic district. The public hearing shall be for thepurpose of supplying additional information to the Board and to the Director.The time and place of such hearing shall be determined in consultation with aduly authorized representative of the local governing body, and shall bescheduled at a time and place that will reasonably allow for the attendanceof the affected property owners. The Department shall publish notice of thepublic hearing once a week for two successive weeks in a newspaper publishedor having general circulation in the county, city, or town. Such notice shallspecify the time and place of the public hearing at which persons affectedmay appear and present their views, not less than six days nor more thantwenty-one days after the second publication of the notice in such newspaper.In addition to publishing the notice, the Department shall give writtennotice of the public hearing at least five days before such hearing to theowner, owners, or the owner's agent, of each parcel of real property to beincluded in the proposed historic district, and to the owners, or theiragents, of all abutting property and property immediately across the streetor road from the included property. Notice required to be given to owners bythis subsection may be given concurrently with the notice required to begiven to the owners by subsection A. The Department shall make and maintainan appropriate record of all public hearings held pursuant to this section.

C. Any written notice required to be given by the Department to any personshall be deemed to comply with the requirements of this section if sent byfirst class mail to the last known address of such person as shown on thecurrent real estate tax assessment books, provided that a representative ofthe Department shall make an affidavit that such mailings have been made.

D. The local governing body and property owners shall have thirty days fromthe date of the notice required by subsection A, or, in the case of ahistoric district, thirty days from the date of the public hearing requiredby subsection B to provide comments and recommendations, if any, to the Boardand to the Director.

E. For the purposes of this chapter, a historic district means ageographically definable area which contains a significant concentration ofhistoric buildings, structures or sites having a common historical,architectural, archaeological, or cultural heritage, and which may containlocal tax parcels having separate owners. Contributing properties within aregistered district are historic landmarks by definition.

F. All regulations promulgated by the Director pursuant to § 10.1-2202 andall regulations promulgated by the Board pursuant to § 10.1-2205 shall beconsistent with the provisions of this section.

(1992, c. 801; 2006, c. 32.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-10-1 > Chapter-22 > 10-1-2206-1

§ 10.1-2206.1. Procedure for designating a historic district, building,structure, or site as a historic landmark; National Register of HistoricPlaces, National Historic Landmarks; historic district defined.

A. In any county, city, or town where the Board proposes to designate ahistoric district, building, structure, object, or site as a historiclandmark, or where the Director proposes to nominate property to the NationalPark Service for inclusion in the National Register of Historic Places or fordesignation as a National Historic Landmark, the Department shall givewritten notice of the proposal to the governing body and to the owner,owners, or the owner's agent, of property proposed to be so designated ornominated, and to the owners, or their agents, of all abutting property andproperty immediately across the street or road from the property.

B. Prior to the designation or nomination of a historic district, theDepartment shall hold a public hearing at the seat of government of thecounty, city, or town in which the proposed historic district is located orwithin the proposed historic district. The public hearing shall be for thepurpose of supplying additional information to the Board and to the Director.The time and place of such hearing shall be determined in consultation with aduly authorized representative of the local governing body, and shall bescheduled at a time and place that will reasonably allow for the attendanceof the affected property owners. The Department shall publish notice of thepublic hearing once a week for two successive weeks in a newspaper publishedor having general circulation in the county, city, or town. Such notice shallspecify the time and place of the public hearing at which persons affectedmay appear and present their views, not less than six days nor more thantwenty-one days after the second publication of the notice in such newspaper.In addition to publishing the notice, the Department shall give writtennotice of the public hearing at least five days before such hearing to theowner, owners, or the owner's agent, of each parcel of real property to beincluded in the proposed historic district, and to the owners, or theiragents, of all abutting property and property immediately across the streetor road from the included property. Notice required to be given to owners bythis subsection may be given concurrently with the notice required to begiven to the owners by subsection A. The Department shall make and maintainan appropriate record of all public hearings held pursuant to this section.

C. Any written notice required to be given by the Department to any personshall be deemed to comply with the requirements of this section if sent byfirst class mail to the last known address of such person as shown on thecurrent real estate tax assessment books, provided that a representative ofthe Department shall make an affidavit that such mailings have been made.

D. The local governing body and property owners shall have thirty days fromthe date of the notice required by subsection A, or, in the case of ahistoric district, thirty days from the date of the public hearing requiredby subsection B to provide comments and recommendations, if any, to the Boardand to the Director.

E. For the purposes of this chapter, a historic district means ageographically definable area which contains a significant concentration ofhistoric buildings, structures or sites having a common historical,architectural, archaeological, or cultural heritage, and which may containlocal tax parcels having separate owners. Contributing properties within aregistered district are historic landmarks by definition.

F. All regulations promulgated by the Director pursuant to § 10.1-2202 andall regulations promulgated by the Board pursuant to § 10.1-2205 shall beconsistent with the provisions of this section.

(1992, c. 801; 2006, c. 32.)