Title 17 VAC — Libraries and Cultural Resources

Agency 5 Board of Historic Resources

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

17VAC5-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Board 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).

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-2205 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

17VAC5-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Board of Historic Resources, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc advisory panel of interested parties established by an agency to consider issues that are controversial with the assistance of a facilitator or mediator, for the purpose of reaching a consensus in the development of a proposed regulatory action.

"Notification list" means a list used to notify persons pursuant to this chapter. Such a list may include an electronic list maintained through the Virginia Regulatory Town Hall or other list maintained by the agency.

"Open meeting" means any scheduled gathering of a unit of state government empowered by an agency's basic law to make regulations or decide cases, which is related to promulgating, amending or repealing a regulation.

"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulation" means any statement of general application having the force of law, affecting the rights or conduct of any person, adopted by the agency in accordance with the authority conferred on it by applicable laws.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

"Town Hall" means the Virginia Regulatory Town Hall, the website operated by the Virginia Department of Planning and Budget at www.townhall.virginia.gov, which has online public comment forums and displays information about regulatory meetings and regulatory actions under consideration in Virginia and sends this information to registered public users.

"Virginia Register" means the Virginia Register of Regulations, the publication that provides official legal notice of new, amended and repealed regulations of state agencies, which is published under the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-2205 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Part II Notification of Interested Persons

17VAC5-11-30 Notification list

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.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-2205 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

17VAC5-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 17VAC5-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
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.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-2205 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Part III Public Participation Procedures

17VAC5-11-50 Public comment

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.

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.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

D. If the Governor finds that one or more changes with substantial impact have been made to a proposed regulation, he may require the agency to provide an additional 30 calendar days to solicit additional public comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.

E. The agency shall send a draft of the agency's summary description of public comment to all public commenters on the proposed regulation at least five days before final adoption of the regulation pursuant to § 2.2-4012 E of the Code of Virginia.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-2205 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008; amended, Virginia Register Volume 35, Issue 21, eff. July 25, 2019.

17VAC5-11-60 Petition for rulemaking

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:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-2205 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

17VAC5-11-70 Appointment of regulatory advisory panel

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:

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
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-2205 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

17VAC5-11-80 Appointment of negotiated rulemaking panel

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:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-2205 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

17VAC5-11-90 Meetings

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 § 2.2-3707 D of the Code of Virginia allowing for contemporaneous notice to be provided to participants and the public.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-2205 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

17VAC5-11-100 Public hearings on regulations

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:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
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.

D. Notice of any public hearing shall be posted on the Town Hall and Commonwealth Calendar at least seven working daysprior to the date of the hearing. The agency shall also notify those persons who requested a hearing under subdivision C 3 of this section.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-2205 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

17VAC5-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

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
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-2205 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Chapter 30 Evaluation Criteria and Procedures for Designations by the Board of Historic Resources

Part I Definitions; Applicability

17VAC5-30-10 Definitions

The following words and terms, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Board" means the Virginia Board of Historic Resources.

"Building" means a structure created to shelter any form of human activity, such as a house, barn, church, hotel, or similar structure. "Building" may also refer to a historically related complex such as a courthouse and jail or a house and barn.

"Chief elected local official" means the mayor of the city or town or the chairman of the board of supervisors of the county in which the property is located.

"Department" means the Department of Historic Resources.

"Designation" means an act of official recognition by the Board of Historic Resources designed to educate the public to the significance of the designated resource and to encourage local governments and property owners to take the designated property's historic, architectural, archaeological, and cultural significance into account in their planning, the local government comprehensive plan, and their decision making. Designation, itself, shall not regulate the action of local governments or property owners with regard to the designated property.

"Director" means the Director of the Department of Historic Resources.

"District" means a geographically definable area possessing a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history. A district includes local tax parcels that have separate owners. For purposes of this chapter, a historic district does not mean a locally established historic zoning district pursuant to § 15.1-503.2 of the Code of Virginia.

"Nomination form" means the form prescribed by the board for use by any person in presenting a property to the board for designation by the board.

"Object" means a material thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting or environment. Examples of objects include boats, monuments, and fixed pieces of sculpture.

"Owner" or "owners" means those individuals, partnerships, corporations, or public agencies holding fee simple title to property. "Owner" or "owners" does not include individuals, partnerships, corporations, or public agencies holding easements or less than fee interests (including leaseholds) of any nature.

"Site" means the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself maintains historical or archeological value regardless of the value of any existing structure.

"Structure" means a man-made work composed of interdependent and interrelated parts in a definite pattern of organization. In addition to buildings, structures include bridges, dams, canals, docks, walls, and other engineering works.

"Virginia Landmarks Register" means the official list of properties designated by the board pursuant to § 10.1-2204(1) of the Code of Virginia, or by the board's predecessor boards, as constituting the principal historical, architectural, and archaeological resources that are of local, statewide, or national significance.

History

Statutory Authority: § 10.1-2205 of the Code of Virginia.
Historical Notes: Derived from VR390-01-03 § 1.1, eff. February 9, 1994.

17VAC5-30-20 Applicability

This chapter pertains specifically to the designation of property by the board for inclusion in the Virginia Landmarks Register. Parallel evaluation criteria and administrative procedures applicable to nominations of properties to the National Park Service by the department director are set out in a separate chapter.

History

Statutory Authority: § 10.1-2205 of the Code of Virginia.
Historical Notes: Derived from VR390-01-03 § 1.2, eff. February 9, 1994.

Part II General Provisions

17VAC5-30-30 General provisions

The board is solely responsible for designating eligible properties for inclusion in the Virginia Landmarks Register.

Any person or organization may submit a completed nomination form to the director for consideration by the board. The form shall include the descriptive and analytical information necessary for the board to determine whether the property meets the evaluation criteria for designation. Any person or organization may also request the board's consideration of any previously prepared nomination form on record with the department.

In determining whether to include a property in the Virginia Landmarks Register, the board shall evaluate the property according to the Virginia Landmarks Register Criteria for Evaluation, as set out in Part III of this chapter (17VAC5-30-40 et seq.).

Prior to the formal designation of property by the board, the director shall follow the procedures set out in 17VAC5-30-100 concerning notification to property owners and chief local elected officials. Prior to the formal designation by the board of a historic district, the director shall also follow the procedures set out in 17VAC5-30-110 for conducting a public hearing.

History

Statutory Authority: § 10.1-2205 of the Code of Virginia.
Historical Notes: Derived from VR390-01-03 § 2.1, eff. February 9, 1994.

Part III Virginia Landmarks Register Criteria for Evaluation

17VAC5-30-40 Historic significance

A. In determining whether to designate a district, site, building, structure or object to the Virginia Landmarks Register, the board 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:

The resource is associated with events that have made a significant contribution to the broad patterns of our history; or
The resource is associated with the lives of persons significant in our past; or
The resource embodies the distinctive characteristics of a type, period, or method of construction or design, 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
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.

B. A Virginia Landmarks Register resource can be of national historic significance, of statewide historic significance, or of local historic significance. The board shall use the following criteria in determining the level of significance appropriate to the resource:

A property of national significance offers an understanding of the history of the nation by illustrating the nationwide impact of events or persons associated with the property, its architectural type or style, or information potential.
A property of statewide historic significance represents an aspect of the history of Virginia as a whole.
A property of local historic significance represents an important aspect of the history of a county, city, town, cultural area, or region or any portions thereof.

History

Statutory Authority: § 10.1-2205 of the Code of Virginia.
Historical Notes: Derived from VR390-01-03 § 3.1, eff. February 9, 1994.

17VAC5-30-50 Integrity

In addition to determining a property's significance, the board shall also determine the property's integrity. A property has integrity if it retains the identity for which it is significant. In order to designate a property, the board must determine both that the property is significant and that it retains integrity. To determine whether a property retains integrity, the board shall consider the seven aspects set out here. Based on the reasons for a property's significance the board shall evaluate the property against those aspects that are the most critical measures of the property's integrity. The seven aspects are:

Location -- the place where the historic property was constructed or the place where the historic event occurred. In cases such as sites of historic events, the location itself, complemented by the setting, is what people can use to visualize or recall the event.
Design -- the combination of elements that create the form, plan, space, structure, and style of the property. Design results from the conscious decisions in the conception and planning of a property and may apply to areas as diverse as community planning, engineering, architecture, and landscape architecture. Principal aspects of design include organization of space, proportion, scale, technology, and ornament.
Setting -- the physical environment of the historic property, as distinct from the specific place where the property was built or the event occurred. The physical features that constitute setting may be natural or man-made, and may include topographic features, vegetation, simple man-made features such as paths or fences, and relationships of a building to other features or to open space.
Materials -- the physical elements that were combined or deposited during a particular period of time and in a particular pattern or configuration to form a historic property. The integrity of materials determines whether or not an authentic historic resource still exists.
Workmanship -- the physical evidence of the crafts of a particular culture or people during any given period in history or prehistory. Workmanship may be expressed in vernacular methods of construction and plain finishes or in highly sophisticated configurations and ornamental detailing. It may be based on common traditions or innovative period techniques. Examples of workmanship include tooling, carving, painting, graining, turning, or joinery.
Feeling -- the property's expression of the aesthetic or historic sense of a particular period of time. Although it is itself intangible, feeling depends upon the presence of physical characteristics to convey the historic qualities that evoke feeling. Because it is dependent upon the perception of each individual, integrity of feeling alone will never be sufficient to support designation for inclusion in the Virginia Landmarks Register.
Association -- the direct link between an important historic event or person and a historic property. If a property has integrity of association, then the property is the place where the event or activity occurred and is sufficiently intact that it can convey that relationship.

History

Statutory Authority: § 10.1-2205 of the Code of Virginia.
Historical Notes: Derived from VR390-01-03 § 3.2, eff. February 9, 1994.

17VAC5-30-60 Boundaries for historic properties

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 resources. 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.

History

Statutory Authority: § 10.1-2205 of the Code of Virginia.
Historical Notes: Derived from VR390-01-03 § 3.3, eff. February 9, 1994.

17VAC5-30-70 Additional criteria considerations

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 Virginia Landmarks 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:

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
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
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
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
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
A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; or
A property less than 50 years old if it is of exceptional importance.

History

Statutory Authority: § 10.1-2205 of the Code of Virginia.
Historical Notes: Derived from VR390-01-03 § 3.4, eff. February 9, 1994.

17VAC5-30-80 Revisions to properties listed in the Virginia Landmarks Register

Four justifications exist for altering a boundary of a property previously listed in the Virginia Landmarks Register:

Professional error in the initial nomination;
Loss of historic integrity;
Recognition of additional significance;
Additional research documenting that a larger or smaller area should be listed.

The board shall approve no enlargement of a boundary unless the additional area possesses previously unrecognized significance in American history, architecture, archaeology, engineering or culture. The board shall approve no diminution of a boundary unless the properties being removed do not meet the Virginia Landmarks Register criteria for evaluation.

History

Statutory Authority: § 10.1-2205 of the Code of Virginia.
Historical Notes: Derived from VR390-01-03 § 3.5, eff. February 9, 1994.

17VAC5-30-90 Removing properties from the Virginia Landmarks Register

Grounds for removing properties from the Virginia Landmarks Register are as follows:

The property has ceased to meet the criteria for listing in the Virginia Landmarks 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;
Additional information shows that the property does not meet the Virginia Landmarks Register criteria for evaluation;
Error in professional judgment as to whether the property meets the criteria for evaluation; or
Prejudicial procedural error in the designation process.

History

Statutory Authority: § 10.1-2205 of the Code of Virginia.
Historical Notes: Derived from VR390-01-03 § 3.6, eff. February 9, 1994.

Part IV Public Notice and Public Hearings

17VAC5-30-100 Written notice of proposed nominations

In any county, city, or town where the board proposes to designate property for inclusion in the Virginia Landmarks Register, the department shall give written notice of the proposal to the governing body and to the owner, owners, or the owner's agent (i) of property proposed to be designated as a historic landmark building, structure, object, or site, or to be included in a historic district, and (ii) of 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.

History

Statutory Authority: § 10.1-2205 of the Code of Virginia.
Historical Notes: Derived from VR390-01-03 § 4.1, eff. February 9, 1994; amended, Virginia Register Volume 33, Issue 7, eff. December 29, 2016.

17VAC5-30-110 Public hearing for historic district; notice of hearing

A. Prior to the designation by the board 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. 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 17VAC5-30-100. 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 17VAC5-30-100. 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.

History

Statutory Authority: § 10.1-2205 of the Code of Virginia.
Historical Notes: Derived from VR390-01-03 § 4.2, eff. February 9, 1994; amended, Virginia Register Volume 33, Issue 7, eff. December 29, 2016.

17VAC5-30-120 Mailings and affidavits; concurrent state and federal notice

The department shall send the required notices by first class mail to the last known address of each person entitled to notice pursuant to 17VAC5-30-100. 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 National Register of Historic Places pursuant to nomination by the director, the department may provide concurrent notice of and hold a single public hearing on the proposed state designation and the proposed nomination to the National Register.

History

Statutory Authority: § 10.1-2205 of the Code of Virginia.
Historical Notes: Derived from VR390-01-03 § 4.3, eff. February 9, 1994; amended, Virginia Register Volume 33, Issue 7, eff. December 29, 2016.

17VAC5-30-130 Public comment period

The local governing body and property owners shall have at least 30 days from the date of the notice required by 17VAC5-30-100, or, in the case of a historic district, 30 days from the date of the public hearing required by 17VAC5-30-110 to provide comments and recommendations, if any, to the director. The director shall bring all comments received to the attention of the board.

History

Statutory Authority: § 10.1-2205 of the Code of Virginia.
Historical Notes: Derived from VR390-01-03 § 4.4, eff. February 9, 1994.

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

17VAC5-30-140 Requests for designations

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.

History

Statutory Authority: § 10.1-2205 of the Code of Virginia.
Historical Notes: Derived from VR390-01-03 § 5.1, eff. February 9, 1994.

17VAC5-30-150 Consideration by the board

The director shall submit completed nomination forms and comments concerning the significance of a property and its eligibility for the Virginia Landmarks Register to the board. Any person or organization supporting or opposing the designation of a property by the board may petition the board in writing or orally either to accept or reject a proposed designation. The board shall review the nomination form and any comments received concerning the property's significance and eligibility for the Virginia Landmarks Register. The board shall determine whether or not the property meets the Virginia Landmarks Register criteria for evaluation set out in Part III of this chapter. Upon determining that the property meets the criteria, the board may proceed to designate the property, unless the owner or majority of owners object to the designation pursuant to 17VAC5-30-160 and § 10.1-2206.2 of the Code of Virginia.

History

Statutory Authority: § 10.1-2205 of the Code of Virginia.
Historical Notes: Derived from VR390-01-03 § 5.2, eff. February 9, 1994.

17VAC5-30-160 Owner objections

A. Upon receiving the notification required by 17VAC5-30-100, any owner or owners of property proposed for designation by the board shall have the opportunity to concur in or object to that designation.

B. Property owners who wish to object to designation shall submit a written, attested, and notarized statement of objection. The statement of objection shall (i) reference the subject property by address or parcel number, or both; (ii) certify that the objecting party is the sole or partial owner of the property, as appropriate; and (iii) certify that the objecting party objects to the designation. The statement of objection must be received by the director at least seven business days prior to the meeting of the board at which the property is considered for designation.

C. An objecting party whose name did not appear on the official land recordation records or tax records used by the director pursuant to 17VAC5-30-120 must submit with the written, attested, and notarized statement of objection an attested and notarized copy of the recorded deed evidencing transfer of ownership to such objecting party. Only upon such submission shall such objecting owner be counted by the director in determining whether a majority of the owners has objected. The statement of objection must be received by the director at least seven business days prior to the meeting of the board at which the property is considered for designation.

D. The board shall take no formal action to designate the property or district for inclusion in the Virginia Landmarks Register if (i) the owner of a property, (ii) the majority of owners of a single property with multiple owners, or (iii) a majority of the owners in a district has objected to the designation.

E. Where formal designation at a board meeting has been prevented by owner objection, the board may reconsider the property for designation at a subsequent board meeting upon presentation to the director, at least 30 days prior to the next scheduled meeting of the board, of written, attested, and notarized statements sufficient to indicate that the owner or majority of owners no longer objects to the designation. In the case of a proposed reconsideration, the notification procedures set out in Part IV (17VAC5-30-100 et seq.) of this chapter shall apply.

F. Each owner of property in a district has one vote regardless of how many properties or what part of one property that party owns and regardless of whether the property contributes to the significance of the district.

History

Statutory Authority: § 10.1-2205 of the Code of Virginia.
Historical Notes: Derived from VR390-01-03 § 5.3, eff. February 9, 1994; amended, Virginia Register Volume 33, Issue 7, eff. December 29, 2016.

17VAC5-30-170 Boundary changes

The director or the board may initiate the process for changing the boundaries of a previously listed Virginia Landmarks Register property upon concluding that one or more of the conditions set out in 17VAC5-30-70 has been met. In addition, any person or organization may petition in writing to have a boundary changed.

A boundary alteration shall be considered as a new property nomination. In the case of boundary enlargements the notification procedures set out in Part IV (17VAC5-30-100 et seq.) shall apply. However, only the additional area proposed for inclusion in the Virginia Landmarks Register shall be used to determine the property owners and the adjacent property owners to receive notification pursuant to 17VAC5-30-100 and 17VAC5-30-110. Only the owners of the property in the additional area shall be counted in determining whether a majority of owners object to listing in the Virginia Landmarks Register. In the case of a proposed diminution of a boundary, 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.

History

Statutory Authority: § 10.1-2205 of the Code of Virginia.
Historical Notes: Derived from VR390-01-03 § 5.4, eff. February 9, 1994.

17VAC5-30-180 Removal of property from the Virginia Landmarks Register

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.

History

Statutory Authority: § 10.1-2205 of the Code of Virginia.
Historical Notes: Derived from VR390-01-03 § 5.5, eff. February 9, 1994.

Part VI Appeals

17VAC5-30-190 Appeals

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.

History

Statutory Authority: § 10.1-2205 of the Code of Virginia.
Historical Notes: Derived from VR390-01-03 § 6.1, eff. February 9, 1994.

Agency 10 Department of Historic Resources

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

17VAC10-11-10 Purpose

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).

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

17VAC10-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Department of Historic Resources, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Part II Notification of Interested Persons

17VAC10-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

17VAC10-11-40 Information to be sent to persons on the notification list

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:

A notice of intended regulatory action (NOIRA).
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.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Part III Public Participation Procedures

17VAC10-11-50 Public comment

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.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008; amended, Virginia Register Volume 35, Issue 21, eff. July 25, 2019.

17VAC10-11-60 Petition for rulemaking

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:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

17VAC10-11-70 Appointment of regulatory advisory panel

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:

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
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

17VAC10-11-80 Appointment of negotiated rulemaking panel

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:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

17VAC10-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

17VAC10-11-100 Public hearings on regulations

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:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
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.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

17VAC10-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

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
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

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

17VAC10-20-10 Definitions

"Chief elected local official" means the mayor of the city or town or the chairman of the board of supervisors of the county in which the property is located.

"Department" means the Department of Historic Resources.

"Determination of eligibility" means a decision by the Department of the Interior that a district, site, building, structure, or object meets the National Register criteria for evaluation although the property is not formally listed on the National Register.

"Director" means the Director of the Department of Historic Resources. The Director of the Department is the State Historic Preservation Officer (SHPO) for Virginia.

"Keeper of the National Register of Historic Places" or "keeper" means the individual who has been delegated the authority by the National Park Service to list properties and determine their eligibility for the National Register.

"National Register of Historic Places" or "National Register" means the list established by the National Historic Preservation Act of 1966 for the purpose of identifying properties of value for their significance in history, architecture, archaeology, engineering, or culture.

"National Historic Landmark" is a resource designated by the Secretary of the Interior as having national significance.

"Nominate" means to propose that a district, site, building, structure, or object be listed in or determined eligible for listing in the National Register of Historic Places by preparing and submitting to the keeper a nomination form, with accompanying maps and photographs which adequately document the property and are technically and professionally correct and sufficient. The nomination form shall be the National Register nomination form prescribed by the keeper.

"State Review Board" means that body, appointed by the State Historic Preservation Officer pursuant to the National Historic Preservation Act (P.L. 89-665), as amended, whose members represent the professional fields of American history, architectural history, historic architecture, prehistoric and historic archaeology, and other professional disciplines, and may include citizen members. The State Review Board reviews and approves National Register nominations concerning whether or not they meet the criteria for evaluation prior to their submittal to the National Park Service.

History

Statutory Authority: § 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from VR392-01-02 § 1.1, eff. February 9, 1994.

17VAC10-20-20 Applicability

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.

History

Statutory Authority: § 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from VR392-01-02 § 1.2, eff. February 9, 1994.

Part II General Provisions

17VAC10-20-30 General provisions

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.

History

Statutory Authority: § 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from VR392-01-02 § 2.1, eff. February 9, 1994.

Article 1 National Register Criteria for Evaluation

17VAC10-20-40 Historic significance

Article 1 National Register Criteria for Evaluation

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:

The resource is associated with events that have made a significant contribution to the broad patterns of our history; or
The resource is associated with the lives of persons significant in our past; or
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
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.

B. A National Register resource can be of national historic significance, of statewide historic significance, or of local historic significance. The director shall use the following criteria in determining the level of significance appropriate to the resource:

A property of national significance offers an understanding of history of the nation by illustrating the nationwide impact of events or persons associated with the property, its architectural type or style, or information potential.
A property of statewide historic significance represents an aspect of the history of Virginia as a whole.
A property of local historic significance represents an important aspect of the history of a county, city, town, cultural area, or region or any portions thereof.

History

Statutory Authority: § 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from VR392-01-02 § 3.1, eff. February 9, 1994.

17VAC10-20-50 Integrity

In addition to determining a property's significance, the director shall also determine the property's integrity. A property has integrity if it retains the identity for which it is significant. In order to nominate a property to the National Register, the director must determine both that the property is significant and that it retains integrity. To determine whether a property retains integrity, the director shall consider the seven aspects set out here. Based on the reasons for a property's significance the director shall evaluate the property against those aspects that are the most critical measures of the property's integrity. The seven aspects are:

Location -- the place where the historic property was constructed or the place where the historic event occurred. In cases such as sites of historic events, the location itself, complemented by the setting, is what people can use to visualize or recall the event.
Design -- the combination of elements that create the form, plan, space, structure, and style of the property. Design results from the conscious decisions in the conception and planning of a property and may apply to areas as diverse as community planning, engineering, architecture, and landscape architecture. Principal aspects of design include organization of space, proportion, scale, technology, and ornament.
Setting -- the physical environment of the historic property, as distinct from the specific place where the property was built or the event occurred. The physical features that constitute setting may be natural or man-made, and may include topographic features, vegetation, simple man-made features such as paths or fences, and relationships of a building to other features or to open space.
Materials -- the physical elements that were combined or deposited during a particular period of time and in a particular pattern or configuration to form a historic property. The integrity of materials determines whether or not an authentic historic resource still exists.
Workmanship -- the physical evidence of the crafts of a particular culture or people during any given period in history or prehistory. Workmanship may be expressed in vernacular methods of construction and plain finishes or in highly sophisticated configurations and ornamental detailing. It may be based on common traditions or innovative period techniques. Examples of workmanship include tooling, carving, painting, graining, turning, or joinery.
Feeling -- the property's expression of the aesthetic or historic sense of a particular period of time. Although it is itself intangible, feeling depends upon the presence of physical characteristics to convey the historic qualities that evoke feeling. Because it is dependent upon the perception of each individual, integrity of feeling alone will never be sufficient to support nomination to the National Register.
Association -- the direct link between an important historic event or person and a historic property. If a property has integrity of association, then the property is the place where the event or activity occurred and is sufficiently intact that it can convey that relationship.

History

Statutory Authority: § 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from VR392-01-02 § 3.2, eff. February 9, 1994.

17VAC10-20-60 Boundaries for historic properties

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.

History

Statutory Authority: § 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from VR392-01-02 § 3.3, eff. February 9, 1994.

17VAC10-20-70 Additional criteria considerations

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:

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
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
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
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
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
A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; or
A property less than 50 years old if it is of exceptional importance.

History

Statutory Authority: § 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from VR392-01-02 § 3.4, eff. February 9, 1994.

17VAC10-20-80 Revisions to properties listed in the National Register

Four justifications exist for altering a boundary of a property previously listed in the National Register:

Professional error in the initial nomination;
Loss of historic integrity;
Recognition of additional significance;
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.

History

Statutory Authority: § 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from VR392-01-02 § 3.5, eff. February 9, 1994.

17VAC10-20-90 Removing properties from the National Register

Grounds for removing properties from the National Register are as follows:

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;
Additional information shows that the property does not meet the National Register criteria for evaluation;
Error in professional judgment as to whether the property meets the criteria for evaluation; or
Prejudicial procedural error in the nomination or listing process.

History

Statutory Authority: § 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from VR392-01-02 § 3.6, eff. February 9, 1994.

Article 2 National Historic Landmark Criteria for Evaluation

17VAC10-20-100 Historic significance

Article 2 National Historic Landmark Criteria for Evaluation

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:

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
The resource is associated importantly with the lives of persons nationally significant in the history of the United States; or
The resource represents some great idea or ideal of the American people; or
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
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
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.

History

Statutory Authority: § 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from VR392-01-02 § 3.7, eff. February 9, 1994.

17VAC10-20-110 Integrity

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.

History

Statutory Authority: § 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from VR392-01-02 § 3.8, eff. February 9, 1994.

17VAC10-20-120 Additional National Historic Landmark criteria considerations

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:

A religious property deriving its primary national significance from architectural or artistic distinction or historical importance; or
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
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
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
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
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
A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own national historical significance; or
A property less than 50 years old, if it is of extraordinary national importance.

History

Statutory Authority: § 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from VR392-01-02 § 3.9, eff. February 9, 1994.

17VAC10-20-130 Written notice of proposed nominations

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.

History

Statutory Authority: § 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from VR392-01-02 § 4.1, eff. February 9, 1994; amended, Virginia Register Volume 33, Issue 4, eff. November 17, 2016.

17VAC10-20-140 Public hearing for historic district; notice of hearing

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.

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.

History

Statutory Authority: § 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from VR392-01-02 § 4.2, eff. February 9, 1994; amended, Virginia Register Volume 33, Issue 4, eff. November 17, 2016.

17VAC10-20-150 Mailings and affidavits; concurrent state and federal notice

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.

History

Statutory Authority: § 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from VR392-01-02 § 4.3, eff. February 9, 1994; amended, Virginia Register Volume 33, Issue 4, eff. November 17, 2016.

17VAC10-20-160 Public comment period

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.

History

Statutory Authority: § 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from VR392-01-02 § 4.4, eff. February 9, 1994.

17VAC10-20-170 Requests for nominations

In addition to directing the preparation of National Register nominations by the department, the director shall act according to this section to ensure that, in accordance with federal regulations, the National 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 National Register nomination form or requesting consideration of 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 (17VAC10-20-40 et seq.), and whether or not the property appears to meet the National 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 National Register criteria for evaluation, the director shall comply with the notification requirements in Part IV of this chapter (17VAC10-20-130 et seq.) and schedule the property for presentation to the State Review 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 form 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 State Review Board.

If the director determines that the nomination form is sufficient and complete, but that the property does not appear to meet National Register criteria for evaluation, the director need not process the nomination, unless requested to do so by the Keeper of the National Register pursuant to the appeals process set out in 17VAC10-20-230.

Upon action on a nomination by the State Review Board, the director shall, within 90 days, submit the nomination to the National Park Service, or, if the director does not consider the property eligible for the National Register, so advise the applicant within 45 days.

History

Statutory Authority: § 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from VR392-01-02 § 5.1, eff. February 9, 1994.

17VAC10-20-180 Consideration by the State Review Board

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.

History

Statutory Authority: § 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from VR392-01-02 § 5.2, eff. February 9, 1994.

17VAC10-20-190 Submission of nominations to the National Park Service

The director shall review nominations approved by the State Review Board, along with all comments received. If the director finds the nominations to be adequately documented and technically, professionally, and procedurally correct and sufficient and in conformance with National Register criteria for evaluation, the director may submit them to the Keeper of the National Register of Historic Places, National Park Service, United States Department of the Interior, Washington, D.C. 20240. The director shall include all written comments received and all notarized statements of objection with the nomination when it is submitted to the keeper.

If the director and the State Review Board disagree on whether a property meets the National Register criteria for evaluation, the director may submit the nomination with his opinion concerning whether or not the property meets the criteria for evaluation and the opinion of the State Review Board to the Keeper of the National Register for a final decision on the listing of the property. The director shall submit such disputed nominations if so requested within 45 days of the State Review Board meeting by the State Review Board or the chief elected local official of the county, city, or town in which the property is located but need not otherwise do so.

Any person or organization which supports or opposes the nomination of a property by a State Historic Preservation Officer may petition the keeper during the nomination process either to accept or reject a nomination. The petitioner must state the grounds of the petition and request in writing that the keeper substantively review the nomination.

History

Statutory Authority: § 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from VR392-01-02 § 5.3, eff. February 9, 1994.

17VAC10-20-200 Owner objections

A. Upon receiving the notification required by 17VAC10-20-130, the owners of property proposed for nomination shall have the opportunity to concur in or object to the nomination.

B. Any owner or owners of a private property who wish to object shall submit a written, attested, and notarized statement of objection. The statement of objection shall (i) reference the subject property by address or parcel number, or both; (ii) certify that the objecting party is the sole or partial owner of the private property, as appropriate; and (iii) certify that the objecting party objects to the listing. The statement of objection must be received by the director at least seven business days prior to the meeting of the State Review Board at which the property is considered for nomination.

C. If an objecting party whose name did not appear on the official land recordation records or tax records used by the director pursuant to 17VAC10-20-150 certifies in a written, attested, and notarized statement that the party is the sole or partial owner of a nominated private property, such owner shall be counted by the director in determining whether a majority of the owners has objected. The statement of objection must be received by the director at least seven business days prior to the meeting of the State Review Board at which the property is considered for nomination.

D. If (i) the owner of a private property, (ii) the majority of the owners of a single private property with multiple owners, or (iii) the majority of the owners in a district has objected to the nomination prior to the submittal of a nomination, the director shall submit the nomination to the keeper only for a determination of eligibility for the National Register. In accordance with the National Historic Preservation Act, the keeper shall determine whether the property meets the National Register criteria for evaluation but shall not add the property to the National Register.

E. Each owner of private property in a district has one vote regardless of how many properties or what part of one property that party owns and regardless of whether the property contributes to the significance of the district.

History

Statutory Authority: § 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from VR392-01-02 § 5.4, eff. February 9, 1994; amended, Virginia Register Volume 33, Issue 4, eff. November 17, 2016.

17VAC10-20-210 Boundary changes

The director may initiate the process for changing the boundaries of a previously listed National Register property upon concluding that one or more of the conditions set out in 17VAC10-20-70 has been met. In addition, any person or organization may petition in writing to have a boundary changed.

A boundary alteration shall be considered as a new property nomination. In the case of boundary enlargements the notification procedures set out in Part IV of this chapter (17VAC10-20-130 et seq.) shall apply. However, only the additional area proposed for nomination to the National Register shall be used to determine the property owners and the adjacent property owners to receive notification pursuant to 17VAC10-20-130 and 17VAC10-20-140. Only the owners of the property in the additional area shall be counted in determining whether a majority of private owners object to listing in the National Register. In the case of a proposed diminution of a boundary, the director shall notify the property owners and the chief elected local official and give them an opportunity to comment prior to submitting any proposal to the Keeper of the National Register.

History

Statutory Authority: § 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from VR392-01-02 § 5.5, eff. February 9, 1994.

17VAC10-20-220 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.

History

Statutory Authority: § 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from VR392-01-02 § 5.6, eff. February 9, 1994.

17VAC10-20-230 Appeals

Any person or local government may appeal to the keeper the failure or refusal of the director to nominate a property, upon decision of the director not to nominate a property for any reason when a National Register nomination form had been submitted to the director pursuant to 17VAC10-20-170, or upon failure of the director to submit a nomination recommended by the State Review Board.

History

Statutory Authority: § 10.1-2202 of the Code of Virginia.
Historical Notes: Derived from VR392-01-02 § 6.1, eff. February 9, 1994.

Agency 15 Library of Virginia (Library Board)

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

17VAC15-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Library of Virginia (Library Board). 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).

History

Statutory Authority: §§ 2.2-4007.02 and 42.1-8 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

17VAC15-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Library of Virginia (Library Board), which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 42.1-8 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

Part II Notification of Interested Persons

17VAC15-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 42.1-8 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

17VAC15-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 17VAC15-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
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.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 42.1-8 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

Part III Public Participation Procedures

17VAC15-11-50 Public comment

A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to submit data, views, and arguments, either orally or in writing, to the agency. Such opportunity to comment shall include an online public comment forum on the Town Hall.

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.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 42.1-8 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

17VAC15-11-60 Petition for rulemaking

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:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 42.1-8 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

17VAC15-11-70 Appointment of regulatory advisory panel

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:

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
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 42.1-8 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

17VAC15-11-80 Appointment of negotiated rulemaking panel

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:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 42.1-8 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

17VAC15-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 42.1-8 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

17VAC15-11-100 Public hearings on regulations

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:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
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.

History

Statutory Authority: §§ 2.2-4007.02 and 42.1-8 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

17VAC15-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

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
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 42.1-8 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

Chapter 20 Standards for Microfilming Public Records

Part I Authority

17VAC15-20-10 Authority

These standards are established by the Library Board in accordance with the provisions of the Virginia Public Records Act, Chapter 7 (§ 42.1-76 et seq.) of Title 42 of the Code of Virginia.

History

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.
Historical Notes: Derived from VR440-01-137.1 § 1.1, eff. July 9, 1986.

Part II Scope

17VAC15-20-20 Scope

These standards apply to all records that have administrative, legal, fiscal, or historical value as defined in § 42.1-77 of the Code of Virginia and to the procedural microfilming process used in the circuit court clerks' offices. Such determinations are included in the officially approved retention and disposition schedules. When the informational contents of such public records are to be maintained on microfilm, the silver-gelatin camera microfilm produced by source document methods is to be considered the permanent archival security copy. For Computer Output-Microfilm, refer to Standards For Computer Output Microfilm (COM) For Public Records (17VAC15-50-10 et seq.). Thermally processed or TEP film shall not be used. The camera microfilm shall not be used for reference purposes.

When disposal of the original permanent public record (identified as such in the state retention and disposition schedule) is recommended after microfilming, the camera negative must first meet these standards and conform with The Library of Virginia's "Guidelines for Accepting Microfilm, Microfiche or Optical Media for Security Storage at The Library of Virginia," dated November 1999. Upon receipt of the camera negative for storage with The Library of Virginia (LVA), it will be inspected, approved and accessioned by the Imaging Services Branch, Records Management &; Imaging Services Division. If the film fails to meet the requirements, it will be returned to the office of origin.

History

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.
Historical Notes: Derived from VR440-01-137.1 § 2.1, eff. July 9, 1986; amended, Virginia Register Volume 7, Issue 24, eff. October 1, 1991; Volume 17, Issue 14, eff. May 1, 2001.

Part III Standards

17VAC15-20-30 Standards

The microfilm, microfilming, film processing, and film storage of public records on microfilm shall comply with the following standards approved by the American National Standards Institute (ANSI), Association for Information and Image Management International (AIIM), and the International Standards Organization (ISO).

	ANSI:
		IT 9.1—1992 Imaging Media (Film)—Silver-Gelatin Type—Specifications for Stability.
		IT 9.2—1991 Imaging Media—Photographic Processing Films, Plates, and Papers—Filing Enclosures and Storage Containers.
		IT 9.11—1993 Imaging Media—Processed Safety Photographic Films—Storage.
		IT 9.17- 1993 Photography - Determination of Residual Thiosulfate and Other Related Chemicals in Processed Photographic Materials - Methods Using Iodine-Amylose, Methylene Blue and Silver Sulfide.
		PH 2.19—1986 Conditions for Diffuse and Doubly Diffuse Transmission Measurements.
		Y14.2M—1992 Engineering Drawing and Related Documentation Practices—Line Conventions and Lettering.
	ANSI/AIIM:
		ANSI/AIIM MS 08-1988 Image Mark (Blip) Used in Image Mark Retrieval Systems.
		ANSI/AIIM MS14 -1988 Specifications for 16 & 35mm Microfilms in Roll Form.
		ANSI/AIIM MS18-1987 Splices for Imaged Film—Dimensions and Operational Constraints
		ANSI/AIIM MS19—1993 Recommended Practice: Identification of Microforms.
		ANSI/AIIM MS23—1998 Practice for Operational Procedures/Inspection and Quality Control of First-Generation Silver-Gelatin Microfilm of Documents.
		ANSI-AIIM MS42—1989 Recommended Practice for the Expungement, Deletion, Correction or Amendment of Records on Microforms.
		ANSI/AIIM MS45—1990 Recommended Practice for Inspection of Stored Silver-Gelatin Microforms for Evidence of Deterioration.
		ANSI/AIIM MS48—1999 Recommended Practice for Microfilming Public Records on Silver-Gelatin Film.
		ANSI/AIIM TR2—1992 Glossary of Imaging Technology.
		ISO 3334—1991 Microcopying: ISO Test Chart No. 2: Description and Use in Photographic Documentary Reproduction.

History

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.
Historical Notes: Derived from VR440-01-137.1 § 3.1, eff. July 9, 1986; amended, Virginia Register Volume 7, Issue 24, eff. October 1, 1991; Volume 17, Issue 14, eff. May 1, 2001.

Part IV Microfilm Stock

17VAC15-20-40 Microfilm stock

The film stock used to make permanent archival security photographic or microphotographic copies of public records shall be safety-based archival microfilm as specified in American National Standards Institute (ANSI) IT9.1—1992 Imaging Media (Film)—Silver-Gelatin type—Specifications for Stability.

History

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.
Historical Notes: Derived from VR440-01-137.1 § 4.1, eff. July 9, 1986; amended, Virginia Register Volume 7, Issue 24, eff. October 1, 1991; Volume 17, Issue 14, eff. May 1, 2001.

Part V Microfilming Procedures

17VAC15-20-50 Microfilming procedures

Procedures to be followed in establishing and operating a micrographic program for filming public records shall conform to standards set down in ANSI/AIIM MS23—1998 Practice for Operational Procedures/Inspection and Quality Control of First-Generation Silver-Gelatin Microfilm of Documents.

History

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.
Historical Notes: Derived from VR440-01-137.1 § 5.1, eff. July 9, 1986; amended, Virginia Register Volume 7, Issue 24, eff. October 1, 1991; Volume 17, Issue 14, eff. May 1, 2001.

17VAC15-20-60 Microimages

Microimages, including the generation intended for use, shall contain all the significant record detail shown on the originals. Microimages of the records shall be arranged, identified and indexed so that any individual document or component of the records can be easily located. All engineering drawings submitted for microfilming should conform to ANSI Y14.2M - 1987.

History

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.
Historical Notes: Derived from VR440-01-137.1 § 5.2, eff. July 9, 1986; amended, Virginia Register Volume 7, Issue 24, eff. October 1, 1991.

17VAC15-20-70 Densities

All densities shall be as consistent as possible throughout the microform. The background density of the camera negative microfilm shall be within the ranges shown in the following table when measured on a blank area of the filmed document.

TABLE 1. BACKGROUND DENSITIES.
Classification	Description of Documents	Density
Group 1	High quality, high contrast documents or printed material and black typing; fine line originals, black opaque pencil writing and documents with small high contrast printing; Pencil and ink drawings, faded printing and very small printing.	1.00‑1.20
Group 2	Low contrast manuscripts and drawings; graph paper with pale, fine-colored lines; letters typed with a worn ribbon; poorly printed, faint documents; and positive appearing photostats and blueprints.	0.80‑1.00

Background density on positive appearing camera microfilm shall be no higher than 0.30. The base-plus-fog density of unexposed, processed, clear-base film must not exceed 0.10. When a tinted base film is used, the density shall not exceed 0.30. Measurements are made using a densitometer calibrated with a step tablet provided by the Imaging Services Branch, LVA. In certain instances, some poor contrast documents may require lower densities to make the entire image legible and reproducible as stated in ANSI/AIIM MS23 – 1998. Mixed quality documents should be filmed at the lower densities. A system of inspection and quality control to ensure compliance with this standard shall be established and consistently maintained in conformance with ANSI/AIIM MS23 – 1998 Practice for Operational Procedures/Inspection and Quality Control of First-Generation, Silver-Gelatin Microfilm of Documents.

History

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.
Historical Notes: Derived from VR440-01-137.1 § 5.3, eff. July 9, 1986; amended, Virginia Register Volume 7, Issue 24, eff. October 1, 1991; Volume 17, Issue 14, eff. May 1, 2001.

17VAC15-20-80 Minimum resolution

A minimum resolution of 90 lines per millimeter shall be obtained regardless of reduction ratio used or the type of camera used and the 4.0 pattern shall be resolved for 16mm microfilm and the 6.3 pattern for 35mm microfilm. This shall be determined by the line count and direction method using the National Bureau of Standards Standard Reference Material 1010a (ANSI and ISO Test Chart No. 2) (or equivalent) for planetary cameras and the AIIM MS-113 Test Chart (or equivalent) for rotary cameras. No other test charts shall be used unless approved by the LVA. The test charts are composed of two groups of five parallel line pairs, the line pairs in the two groups being oriented perpendicular to one another, and each pattern is numbered and progressively reduced. Five vertical and five horizontal line pairs shall be clearly defined in both directions. The resolution test chart shall be photographed at the beginning and at the end of each reel of camera microfilm at least three times in succession.

NOTE: Resolution of duplicates should generally be only one pattern lower than the original from which the duplicate was reproduced. Pattern resolved times the reduction ratio equals lines per millimeter.

Resolution requirements for procedural microfilm recording. A minimum resolution of 120 lines per millimeter shall be obtained regardless of reduction ratio used or the type of camera used and the 5.0 pattern must be resolved for 16mm microfilm or the 3.2 pattern for 16mm microfilm being generated by the same office using digital imaging as a recording process. This shall be determined by the line count and direction method using the National Bureau of Standards Standard Reference Material 1010a (ANSI and ISO Test Chart No. 2) for planetary cameras and the AIIM MS-113 Test Chart for rotary cameras. No other test charts shall be used unless approved by the LVA. The test charts are composed of two groups of five parallel line pairs, the line pairs in the two groups being oriented perpendicular to one another, and each pattern is numbered and progressively reduced. Five vertical and five horizontal line pairs shall be clearly defined in both directions. The resolution test chart shall be photographed at the beginning and at the end of each reel of camera microfilm at least three times in succession.

History

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.
Historical Notes: Derived from VR440-01-137.1 § 5.4, eff. July 9, 1986; amended, Virginia Register Volume 7, Issue 24, eff. October 1, 1991; Volume 17, Issue 14, eff. May 1, 2001.

17VAC15-20-90 Microform identification

Microform identification of each reel of film shall conform to ANSI/AIIM MS19 – 1993 Identification of Microforms. The targets shall provide documentation which ensures that the microfilm copy can be substituted in place of the original document. Minimum documentation should include the following targets in the order listed: (i) start target, (ii) reel number, (iii) resolution chart (filmed three times), (iv) plain white sheet of paper, (v) title page, (vi) custodian's certificate, (vii) end of records or volume, (viii) operator's declaration, (ix) end of reel or continued on reel #, (x) resolution target (three times), and (xi) any other technical targets as needed. MS23 and MS19 list additional technical targets.

History

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.
Historical Notes: Derived from VR440-01-137.1 § 5.5, eff. July 9, 1986; amended, Virginia Register Volume 7, Issue 24, eff. October 1, 1991; Volume 17, Issue 14, eff. May 1, 2001.

Part VI Processing

17VAC15-20-100 Processors

Processors shall be certified by the manufacturer as capable of producing archival quality processed film as required by IT 9.17-1993 Photography - Determination of Residual Thiosulfate and Other Related Chemicals in Processed Photographic Materials - Methods Using Iodine-Amylose, Methylene Blue and Silver Sulfide.

History

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.
Historical Notes: Derived from VR440-01-137.1 § 6.1, eff. July 9, 1986; amended, Virginia Register Volume 7, Issue 24, eff. October 1, 1991; Volume 17, Issue 14, eff. May 1, 2001.

17VAC15-20-110 Certification

Certification for archival quality processing shall be based upon the methylene blue test analysis. Processed microfilm must have a concentration of greater than zero but shall not exceed .014 g/m² in a clear film area. This concentration is different for fine-grain archival films; see ANSI 9.1 – 1992 for these settings. Film processed in-house shall be tested and certified once every two weeks or as deemed necessary by the Imaging Services Branch, LVA. Processing services performed off-site shall include provisions requiring that the methylene blue test shall be performed every 24 hours.

History

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.
Historical Notes: Derived from VR440-01-137.1 § 6.2, eff. July 9, 1986; amended, Virginia Register Volume 7, Issue 24, eff. October 1, 1991; Volume 17, Issue 14, eff. May 1, 2001.

17VAC15-20-120 Certificate

A certificate documenting that the microfilm passes the methylene blue test shall be sent to the Imaging Services Branch, LVA. The certificate shall contain the name of the agency whose film was processed, the date of processing, the date the methylene blue test was performed, the test results, the processor used, and the signature of the person who did the test. Records documenting the daily off-site testing shall be maintained and provided to the Imaging Services Branch, LVA, at least once a month.

History

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.
Historical Notes: Derived from VR440-01-137.1 § 6.3, eff. July 9, 1986; amended, Virginia Register Volume 7, Issue 24, eff. October 1, 1991; Volume 17, Issue 14, eff. May 1, 2001.

Part VII Handling and Inspection

17VAC15-20-130 Evaluation

The total microfilming system shall be evaluated to ensure that microimages conforming to the standards are produced. The final reproduction, whether film or hard copy print from the film, must be retrievable, readable and reproducible.

History

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.
Historical Notes: Derived from VR440-01-137.1 § 7.1, eff. July 9, 1986; amended, Virginia Register Volume 7, Issue 24, eff. October 1, 1991.

17VAC15-20-140 Handling

Clean, lint free, white cotton or nylon gloves shall be worn when handling the film. Food, smoking and other contaminants shall not be allowed in microfilming areas.

History

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.
Historical Notes: Derived from VR440-01-137.1 § 7.2, eff. July 9, 1986.

17VAC15-20-150 Handling camera microfilm

The camera microfilm shall be handled only during the inspection procedure and when generating an intermediate master. In systems generating two camera microfilms, one shall be designated as the archival camera microfilm and shall not be used for duplication, loaded into a cartridge or inserted in a viewer. The second camera negative shall be designated as the working master. In systems generating a single camera negative, the camera negative shall be used only for the production of an intermediate master from which copies will be generated.

History

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.
Historical Notes: Derived from VR440-01-137.1 § 7.3, eff. July 9, 1986; amended, Virginia Register Volume 7, Issue 24, eff. October 1, 1991; Volume 17, Issue 14, eff. May 1, 2001.

17VAC15-20-160 Splicing

Splicing is not permitted on the camera negative, except at the beginning of the reel before all beginning targets but after the clear leader. Splicing can be done in place on the intermediate master up to a total of five splices. An unexposed area of film shall be used between the splice and the beginning titling targets. Ultrasonic splicing is recommended for polyester film.

NOTE: Due to the required filming procedures, more than five splices within a single 16mm reel are permitted for procedural microfilming. However, each day's filming sequence shall be discarded and refilmed when defects obliterating or obscuring information or missing pages are noted within that sequence. Splicing within the daily film sequence is not allowed.

History

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.
Historical Notes: Derived from VR440-01-137.1 § 7.4, eff. July 9, 1986; amended, Virginia Register Volume 7, Issue 24, eff. October 1, 1991; Volume 17, Issue 14, eff. May 1, 2001.

Part VIII Storage

17VAC15-20-170 Storage

Camera negatives shall be verified for completeness and accuracy, then transferred promptly to the Imaging Services Branch, LVA, for storage as required in the appropriate state retention and disposition schedule. Each film container shall be labeled with the following: office of origin, records series, reel number, inclusive information, density and resolution readings. Camera negatives shall be stored according to IT 9.2 – 1991 Imaging Media – Photographic Processed Films, Plates, and Papers – Filing Enclosures and Storage Containers.

History

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.
Historical Notes: Derived from VR440-01-137.1 § 8.1, eff. July 9, 1986; amended, Virginia Register Volume 7, Issue 24, eff. October 1, 1991; Volume 17, Issue 14, eff. May 1, 2001.

17VAC15-20-180 Inspection

At approximately two-year intervals, a sample of randomly selected reels of microfilm in storage shall be inspected according to MS45 – 1990 Recommended Practice for Inspection of Stored Silver-Gelatin Microforms for Evidence of Deterioration.

History

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.
Historical Notes: Derived from VR440-01-137.1 § 8.2, eff. July 9, 1986; amended, Virginia Register Volume 7, Issue 24, eff. October 1, 1991.

Chapter 50 Standards for Computer Output Microfilm (Com) for Public Records

Part I Authority

17VAC15-50-10 Authority

These standards are established by the Library Board in accordance with the provisions of the Virginia Public Records Act, Chapter 7 (§ 42.1-76 et seq.) of Title 42.1 of the Code of Virginia.

History

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.
Historical Notes: Derived from VR440-01-137.5 § 1.1, eff. July 9, 1986; amended, Virginia Register Volume 7, Issue 24, eff. October 1, 1991.

Part II Scope

17VAC15-50-20 Scope

These standards apply to all records generated on computer-output microfilm (COM) that have been appraised as archival, having administrative, legal, fiscal or historical value as defined in § 42.1-77 of the Code of Virginia, to warrant their permanent preservation. Such determinations are included in the officially approved retention and disposition schedules. When such archival records are to be maintained on microfilm, the silver master is to be considered the permanent archival security copy. Thermally processed film shall not be used unless a wet processed silver master copy is generated and preserved as the archival microfilm. The silver master shall not be used for reference purposes and shall be inspected and approved by the user to meet this standard. If the COM original masters are to be stored by the Imaging Services Branch, Records Management & Imaging Services Division, The Library of Virginia, then the originals must also meet the "Guidelines for Accepting Microfilm, Microfiche or Optical Media for Security Storage at The Library of Virginia," dated November 1999. Film not meeting this standard or the "guidelines" will be returned to the office of origin.

History

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.
Historical Notes: Derived from VR440-01-137.5 § 2.1, eff. July 9, 1986; amended, Virginia Register Volume 7, Issue 24, eff. October 1, 1991; Volume 17, Issue 14, eff. May 1, 2001.

Part III Standards

17VAC15-50-30 Standards

Permanent records generated on COM shall comply with the following standards approved by the American National Standards Institute (ANSI) and Association for Information and Image Management (AIIM):

	ANSI:
		IT9.1—1992 Imaging Media (Film)—Silver-Gelatin Type—Specifications for Stability.
		IT9.2—1991 Imaging Media—Photographic Processed Films, Plates and Papers—Filing Enclosures and Storage Containers.
		IT9.11—1993 Imaging Media—Processed Safety Photographic Film—Storage.
		PH 1.51—1983 Micrographic Sheet and Roll Films—Dimensions.
		IT9.17—1993 Photography—Determination of Residual Thiosulfate and Other Related Chemicals in Processed Photographic Materials—Methods Using Iodine-Amylose, Methylene Blue and Silver Sulfide
		PH 2.19—1986 Conditions for Diffuse and Doubly Diffuse Transmission Measurements.
	ANSI/AIIM:
		MS01—1996 Recommended Practice for Alphanumeric Computer-Output Microforms—Operational Practices for Inspection and Quality Control.
		MS19—1993 Recommended Practice for Identification of Microforms.
		MS23—1998 Practice for Operational Procedures/Inspection and Quality Control of First-Generation Silver-Gelatin Microfilm of Documents.
		MS43—1998 Recommended Practice for Operational Procedures/Inspection and Quality Control of Duplicate Microforms of Documents and From COM.
		MS45—1990 Recommended Practice for Inspection of Stored Silver-Gelatin Microforms for Evidence of Deterioration
		MS-28 1996 Alphanumeric COM Quality Test Slide.
		TR-2 1992 Glossary of Imaging Technology.

History

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.
Historical Notes: Derived from VR440-01-137.5 § 3.1, eff. July 9, 1986; amended, Virginia Register Volume 7, Issue 24, eff. October 1, 1991; Volume 17, Issue 14, eff. May 1, 2001.

Part IV Microfilm Stock

17VAC15-50-40 Microfilm stock

The film stock used to make permanent archival security photographic or microphotographic copies of public records shall be safety-based permanent record film as specified in American National Standards Institute (ANSI) IT9.1—1992 Imaging Media (Film)—Silver-Gelatin Type—Specifications for Stability.

History

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.
Historical Notes: Derived from VR440-01-137.5 § 4.1, eff. July 9, 1986; amended, Virginia Register Volume 7, Issue 24, eff. October 1, 1991; Volume 17, Issue 14, eff. May 1, 2001.

Part V Microfilming Procedures

17VAC15-50-50 Procedures

Procedures to be followed in establishing and operating a COM micrographic program for filming public records shall conform to standards set down in ANSI/AIIM MS23-1998 Practice for Operational Procedures/Inspection and Quality Control of First-Generation Silver-Gelatin Microfilm of Documents, ANSI/AIIM MS01-1996 Recommended Practice for Alphanumeric Computer-Output Microforms—Operational Practices for Inspection and Quality Control, AIIM MS28—1987 Alphanumeric COM Quality Test Slide and MS43- 1998 Recommended Practice for Operational Procedures/Inspection and Quality Control of Duplicate Microforms of Documents and From COM.

History

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.
Historical Notes: Derived from VR440-01-137.5 § 5.1, eff. July 9, 1986; amended, Virginia Register Volume 7, Issue 24, eff. October 1, 1991; Volume 17, Issue 14, eff. May 1, 2001.

17VAC15-50-60 Microimages

Microimages, including the generation intended for use, shall contain all the significant record detail of the data base, and shall be easily read and reproduced. Microimages of the records shall be arranged, identified and indexed so that any component of the records can be located with reasonable ease.

History

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.
Historical Notes: Derived from VR440-01-137.5 § 5.2, eff. July 9, 1986.

17VAC15-50-70 Densities

All densities shall be consistent throughout the microform. The background density on negative appearing original silver masters shall meet or exceed 1.8. Background density on positive appearing silver masters shall be no greater than 0.30. Measurements are made using a densitometer properly calibrated from a step tablet.

History

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.
Historical Notes: Derived from VR440-01-137.5 § 5.3, eff. July 9, 1986; and October 1, 1991; amended, Virginia Register Volume 17, Issue 14, eff. May 1, 2001.

17VAC15-50-80 Titling

Each microfilm shall have eye readable titling. This titling shall include the office of origin, record series, inclusive information, date of filming and sequential numbering of the microforms.

History

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.
Historical Notes: Derived from VR440-01-137.5 § 5.4, eff. July 9, 1986; amended, Virginia Register Volume 7, Issue 24, eff. October 1, 1991.

Part VI Processing

17VAC15-50-90 Processing

Processing must be either conventional or full reversal, utilizing a developer and fixer. Processors shall be certified by the manufacturer as capable of producing archival quality processed film and meet Methylene Blue requirements as stated in ANSI IT9.17—1993 Photography—Determination of Residual Thiosulfate and other Related Chemicals in Processed Photographic Materials—Methods Using Iodine-Amylose, Methylene Blue and Silver Sulfide.

History

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.
Historical Notes: Derived from VR440-01-137.5 § 6.1, eff. July 9, 1986; amended, Virginia Register Volume 7, Issue 24, eff. October 1, 1991; Volume 17, Issue 14, eff. May 1, 2001.

17VAC15-50-100 Certification

Certification for archival quality processing shall be based upon the methylene blue test analysis. Processed microfilm must have an optimum concentration of greater than zero but shall not exceed .014 g/m² in a clear film area. Film processed in-house shall be tested and certified once every two weeks or as deemed necessary by the Imaging Services Branch, The Library of Virginia. Processing services performed off-site shall include provisions requiring that the methylene blue test shall be performed once every 24 hours.

History

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.
Historical Notes: Derived from VR440-01-137.5 § 6.2, eff. July 9, 1986; amended, Virginia Register Volume 7, Issue 24, eff. October 1, 1991; Volume 17, Issue 14, eff. May 1, 2001.

17VAC15-50-110 Certificate

A certificate documenting that the microfilm passes the methylene blue test shall be sent to the Imaging Services Branch, The Library of Virginia. The certificate shall contain the name of the agency or governmental entity whose film was processed, the date of processing, the date the methylene blue test was performed, the test results, the processor used, and the signature of the person who did the test.

History

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.
Historical Notes: Derived from VR440-01-137.5 § 6.3, eff. July 9, 1986; amended, Virginia Register Volume 7, Issue 24, eff. October 1, 1991; Volume 17, Issue 14, eff. May 1, 2001.

Part VII Handling and Inspection

17VAC15-50-120 Evaluation

History

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.
Historical Notes: Derived from VR440-01-137.5 § 7.1, eff. July 9, 1986.

17VAC15-50-130 Handling

At least one silver master must be designated as the permanent archival copy and shall be handled and stored according to the established standards. This silver master shall not be used in readers or reader/printers or as the user copy. Clean, lint free, white cotton or nylon gloves shall be worn when handling the silver master. Food, smoking and other contaminants shall not be allowed in areas where the original master is generated or stored.

History

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.
Historical Notes: Derived from VR440-01-137.5 § 7.2, eff. July 9, 1986; amended, Virginia Register Volume 17, Issue 14, eff. May 1, 2001.

17VAC15-50-140 (Repealed.)

Historical Notes

Derived from VR440-01-137.5 § 7.3, eff. July 9, 1986; amended, Virginia Register Volume 7, Issue 24, eff. October 1, 1991; repealed, Virginia Register Volume 17, Issue 14, eff. May 1, 2001..

Part VIII Storage

17VAC15-50-150 Storage

The computer-output microfilm shall be verified for completeness and accuracy by the agency or governmental entity. If the original silver master is to be transferred to the Imaging Services Branch, The Library of Virginia, for storage following established Retention and Disposition Schedules, then it must also meet the "Guidelines for Film, Microfiche or Optical Media for Security Storage at the Library of Virginia." Each microform shall be placed in enclosures which are free of acids and peroxides and meet the requirements in IT9.2—1991 Imaging Media—Photographic Processed Films. Adequate descriptive material shall be provided with the film to facilitate accessioning and retrieval.

History

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.
Historical Notes: Derived from VR440-01-137.5 § 8.1, eff. July 9, 1986; amended, Virginia Register Volume 7, Issue 24, eff. October 1, 1991; Volume 17, Issue 14, eff. May 1, 2001.

17VAC15-50-160 Inspection

At approximately two-year intervals, a sample of randomly selected reels or fiche of microfilm in storage shall be inspected according to MS45—1990 Recommended Practice for Inspection of Stored Silver-Gelatin Microforms for Evidence of Deterioration.

History

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.
Historical Notes: Derived from VR440-01-137.5 § 8.2, eff. July 9, 1986; amended, Virginia Register Volume 7, Issue 24, eff. October 1, 1991; Volume 17, Issue 14, eff. May 1, 2001.

Chapter 100 Certification of Librarians

Part II Certification Process

17VAC15-100-20 Certification by endorsement

A certificate shall be issued to an applicant who holds a current, valid certificate granted by another jurisdiction, providing that the standards for granting this certificate are comparable to those required for certification in the Commonwealth.

History

Statutory Authority: §§ 42.1-8 and 42.1-15.1 of the Code of Virginia.
Historical Notes: Derived from VR440-01-149.2 § 2.1, eff. March 28, 1990.

17VAC15-100-30 Certification by education

A certificate shall be issued to an applicant who has earned a master's degree from a school of library or information science that had a program accredited by the American Library Association at the time the degree was awarded. A certificate shall be issued to an applicant who has earned a doctoral degree in library or information science from an accredited institution.

History

Statutory Authority: §§ 42.1-8 and 42.1-15.1 of the Code of Virginia.
Historical Notes: Derived from VR440-01-149.2 § 2.2, eff. March 28, 1990.

17VAC15-100-40 Provisional certification

A provisional letter of certification shall be issued to an applicant who has satisfactorily completed the required credits for a master's degree from a school of library and information science accredited by the American Library Association. The provisional letter of certification grants the applicant a one-year period to submit proof of the receipt of an MLS degree.

History

Statutory Authority: §§ 42.1-8 and 42.1-15.1 of the Code of Virginia.
Historical Notes: Derived from VR440-01-149.2 § 2.3, eff. March 28, 1990.

17VAC15-100-50 Certification fee

All applications shall be made on forms to be secured from the Human Resource Officer of the Virginia State Library and Archives. The fee required by this article shall be submitted with the application.

The fee for permanent certification, established by the State Library Board, shall be $50.

A provisional letter of certification shall be $50. If proof of the MLS degree is submitted within a one-year period, no additional fees will be assessed for permanent certification.

The fee for a duplicate certificate shall be $10.

History

Statutory Authority: §§ 42.1-8 and 42.1-15.1 of the Code of Virginia.
Historical Notes: Derived from VR440-01-149.2 § 2.4, eff. March 28, 1990.