Section 140. Requests for designations

Part V. Review and Action by the Director and the Board on Virginia Landmarks Register Proposals

In addition to directing the preparation of Virginia Landmarks Register nominations by the department, the director shall act according to this section to ensure on behalf of the board that the Virginia Landmarks Register nomination process is open to any person or organization.

The director shall respond in writing within 60 days to any person or organization submitting a completed Virginia Landmarks Register nomination form or requesting board consideration for any previously prepared nomination form on record with the department. The response shall indicate whether or not the information on the nomination form is complete, whether or not the nomination form adequately evaluates the property according to the criteria set out in Part III of this chapter (17VAC5-30-40 et seq.), and whether or not the property appears to meet the Virginia Landmarks Register criteria for evaluation set out in Part III. If the director determines that the nomination form is deficient or incomplete, the director shall provide the applicant with an explanation of the reasons for that determination, so that the applicant may provide the necessary additional documentation.

If the nomination form appears to be sufficient and complete, and if the property appears to meet the Virginia Landmarks Register criteria for evaluation, the director shall comply with the notification requirements in Part IV of this chapter (17VAC5-30-100 et seq.) and schedule the property for presentation to the board. The director may require the applicant to provide a complete, accurate, and up-to-date list and annotated tax parcel map indicating all property owners entitled to written notification pursuant to Part IV of this chapter. Within 60 days of receipt of a sufficient and complete nomination and of all information necessary to comply with Part IV of this chapter, the director shall notify the applicant of the proposed schedule for consideration of the nomination form by the board.

If the nomination form is sufficient and complete, but the director determines that the property does not appear to meet Virginia Landmarks Register criteria for evaluation, the director shall notify the applicant, the owner, and the board of his determination within 60 days of receipt of the nomination form. The director need not process the nomination further, unless directed to do so by the board.

Historical Notes

Derived from VR390-01-03 § 5.1, eff. February 9, 1994.

Statutory Authority

§ 10.1-2205 of the Code of Virginia.