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2012 SESSION
12103471DBe it enacted by the General Assembly of Virginia:
1. That § 10.1-2206.1 of the Code of Virginia is amended and reenacted as follows:
§ 10.1-2206.1. Procedure for designating a historic district, building, structure, or site as a historic landmark; National Register of Historic Places, National Historic Landmarks; historic district defined.
A. In any county, city, or town where the Board proposes to designate a historic district, building, structure, object, or site as a historic landmark, or 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 property proposed to be so designated or nominated, and to the owners, or their agents, of all abutting property and property immediately across the street or road from the property.
B. Prior to the designation or 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 Board and 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. 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 nor more than twenty-one days after the second publication of the notice
in such newspaper. 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 each parcel
of real property to be included in the proposed historic district, and to the
owners, or their agents, of all abutting property and property immediately
across the street or road from the included property. Notice required to be
given to owners by this subsection may be given concurrently with the notice
required to be given to the owners by subsection A. The Department shall make
and maintain an appropriate record of all public hearings held pursuant to this
section.
C. Any written notice required to be given by the Department
to any person shall be deemed to comply with the requirements of this section
if sent by first first-class mail to the last known
address of such person as shown on the current real estate tax assessment books records,
provided that a representative of the Department shall make an affidavit that
such mailings have been made.
D. The local governing body and property owners shall have thirty 30
days from the date of the notice required by subsection A, or, in the case of a
historic district, thirty 30 days from the date of the
public hearing required by subsection B to provide comments and
recommendations, if any, to the Board and to the Director.
E. For the purposes of this chapter, a historic district means a geographically definable area which contains a significant concentration of historic buildings, structures or sites having a common historical, architectural, archaeological, or cultural heritage, and which may contain local tax parcels having separate owners. Contributing properties within a registered district are historic landmarks by definition.
F. All regulations promulgated by the Director pursuant to § 10.1-2202 and all regulations promulgated by the Board pursuant to § 10.1-2205 shall be consistent with the provisions of this section.