Section 220. Removal of property from the National Register

The director may initiate the process for removing property from the National Register upon concluding that one or more of the conditions set out in 17VAC10-20-90 have been met. In addition, any person or organization may petition in writing for removal of a property from the National Register by setting forth the reasons the property should be removed on the grounds established in 17VAC10-20-90. With respect to nominations determined eligible for the National Register because the owners of private property object to listing, anyone may petition for reconsideration of whether or not the property meets the criteria for evaluation using these procedures.

The director shall notify the affected owner or owners and chief elected local official and give them an opportunity to comment prior to submitting a petition for removal.

The director shall respond in writing within 45 days of receipt to petitions for removal of property from the National Register. The response shall advise the petitioner of the director's views on the petition. A petitioner desiring to pursue his removal request must notify the director in writing within 45 days of receipt of the written views on the petition.

Within 15 days after receipt of the petitioner's notification of intent to pursue his removal request, the director shall notify the petitioner in writing either that the State Review Board will consider the petition on a specified date or that the petition will be forwarded to the keeper after notification requirements have been completed. The director shall forward the petitions to the keeper for review within 15 days after notification requirements or State Review Board consideration, if applicable, have been completed. The director shall also forward all comments received.

Historical Notes

Derived from VR392-01-02 § 5.6, eff. February 9, 1994.

Statutory Authority

§ 10.1-2202 of the Code of Virginia.