The following is a summary of state and federal regulations that have an important bearing on state, federal, and privately owned properties. Links to the laws online can be found by clicking on the underlined titles.
Federal:
1.
Section 106 of the National Historic
Preservation Act of 1966
(36 CFR Part 800)
Law
applies to: All
federally funded, assisted, or
licensed undertakings
Regulating agencies:
Department of Historic Resources
and the Advisory
Council on
Historic Preservation
Who is responsible for
compliance: The
sponsoring federal agency or
its designee
(usually the recipient of
permits or funds)
This regulation requires a federal agency head with jurisdiction over a federal, federally assisted, or federally licensed undertaking to take into account the effects of the agency's undertakings (projects) on properties included in or eligible for the National Register of Historic Places and, prior to approval of the undertaking, to afford the Advisory Council on Historic Preservation a reasonable opportunity to comment on the undertaking. The State Historic Preservation Officer, the director of the Department of Historic Resources, coordinates state participation in the implementation of the National Historic Preservation Act and is a key participant in the Section 106 process. The Department of Historic Resources performs the primary review of federally-assisted projects and provides assistance to federal agencies and their designees in carrying out their responsibilities under Section 106 and its associated regulations.
2.
Section 110 of the National Historic Preservation
Act of 1966 (16 U.S.C. 470)
Law applies to: All federal
agencies
Regulating agencies: The National
Park Service and the Advisory Council
on Historic Preservation
Who is responsible for compliance:
All federal agencies who may own historic
properties
The purpose of Section 110 is to ensure that historic preservation is fully integrated into the ongoing programs and missions of federal agencies. This regulation requires a federal agency head with jurisdiction over properties that may contain historically significant resources to identify and protect those resources. It requires that federal agencies use and preserve their historic properties.
3.
The Americans with
Disabilities Act of 1990 (ADA)
(28 CFR Part 30)
Law applies to:
All public accommodations, commercial
facilities, and state and
local government entities
Regulating agencies:
The United States Department of Justice and the
Department of Historic Resources
Who is responsible for
compliance: Anyone who owns or operates
a public
accommodation, a commercial facility, or
buildings owned or leased by a state or
local government agency
The ADA requires that new buildings and facilities and altered portions of existing buildings and facilities be readily accessible. For existing buildings and facilities, the ADA requires that all barriers to accessibility be removed when it is "readily achievable" to do so. In the case of historic properties, the ADA provides for the following: if making a "qualified historic building" accessible would threaten or destroy the historic significance of that building or facility, certain alternative minimum accessibility standards may be applied. If the alteration is part of a federal undertaking, the responsible federal agency should contact both the Department of Historic Resources and the Advisory Council on Historic Preservation. If the alterations to the historic property are not federally sponsored, and the responsible party believes that full compliance with the ADA would threaten or destroy the building's or facility's historic significance, he should consult with the Department of Historic Resources. If the department agrees, the alternative minimum standards may be used.
State:
1.The Appropriations Act (2000 Virginia Acts of Assembly)The specific provisions for review of rehabilitation and restoration projects are defined in the Budget Bill Section 4-4.01(s), 2000 Virginia Acts of Assembly, Chapter 1073: To guarantee that the historical and/or architectural integrity of any state-owned properties listed on the Virginia Landmarks Register and the knowledge to be gained from archaeological sites will not be adversely affected because of inappropriate changes, the heads of those agencies in charge of such properties are directed to submit all plans for significant alterations, remodeling, redecoration, restoration or repairs that may basically alter the appearance of the structure, landscaping, or demolition to the Department of Historic Resources. Such plans shall be reviewed within thirty days and the comments of that department shall be submitted to the Governor through the Department of General Services for use in making a final determination.
2.
Section V.2 of Division of Engineering and
Buildings Directive #1,
Revised 1984 (§
2.1-488.4 Code of Virginia)
Law applies to: Proposed
demolitions of state-owned buildings
Regulating agencies: Department
of Historic Resources, the Art and
Architecture Review Board, and the Division of Engineering and Buildings
Who is responsible for compliance:
The state agency initiating the demolition
Provides that no building or appurtenant structure shall be removed from state-owned property unless approved by the Governor upon the advice of the Art and Architectural Review Board. The Governor further conditions approval upon the recommendation of the Department of Historic Resources, and the Department of General Services.
3. Art and Architecture Review Board (§ 2.1-488.1 Code of Virginia)The director of the Department of Historic Resources sits on the Art and Architecture Review Board (Department of General Services) and, as an ex officio member of that board, and comments on all projects brought to the board for review and comment.
4.
Virginia Environmental Impacts Reports Act
(§ 10.1-1188 Code of Virginia)
Law applies to: Major construction
initiated by a state agency
Regulating agencies: Department of
Environmental Quality
Who is responsible for compliance:
The state agency initiating the
construction project
The Department of Environmental Quality provides comments on the environmental impacts of all major state projects (costing more than $100,000) to the Governor through the Secretary of Natural Resources. The comments represent the findings of all state agencies with related responsibilities or interests. Comments are provided to the sponsoring agency in time to permit modifications necessary because of environmental impact. The Department of Historic Resources is invited to submit comments to the Department of Environmental Quality when an environmental impact report describes a project which might affect historic properties.
5.
Virginia Antiquities Act
(§ 10.1-2300 Code of Virginia)
Law applies to:
Objects of antiquity located on archaeological
sites
on state-controlled land
Regulating agencies:
Department of Historic Resources
Who is responsible for
compliance: The state agency or
individual
initiating the archaeological field investigation
The Virginia Antiquities Act (Code of Virginia, Section 10.1-2300 et seq.) prohibits damage to or removal of objects of antiquity from archaeological sites on all state-controlled land. This act does not restrict a state agency from construction or other land disturbing activities on its own land, but does prohibit all "relic hunting" or any archaeological field investigations without a permit from the Department of Historic Resources.
The Department of Historic Resources is charged with coordinating all archaeological field investigations and survey conducted on state-controlled lands (10.1-2301;1,2). The department is given exclusive right and privilege to conduct field investigations on state lands, but may grant those privileges to others through a permit process (10.1-2302 and 2303). The department also has final authority to identify and evaluate the significance of sites and objects of antiquity found on state lands (10.1-2301;3). Permits are issued through the department's Division of Resource Services and Review.
6.
Burial Permits (§ 10.1-2305 Code of Virginia)
Law applies to: Human burials located in the Commonwealth
Regulating agencies: Department of Historic Resources
Who is responsible for compliance: Any agency or individual
involved in the removal
of human remains from archaeological sites in the Commonwealth
General cemetery protection laws make it a felony to remove human remains from a grave without a court order or appropriate permit. Section 2305 of the Virginia Antiquities Act (see above) provides a permit process for archaeological field investigations involving the removal of human remains and artifacts from graves. These permits are issued through the department.
7.
Cave Protection Act (§ 10.1-1000 Code of Virginia)
Law applies to: Caves located in the Commonwealth
Regulating agencies: Natural Heritage Division, Department
of Conservation and
Recreation
Who is responsible for compliance: Any agency or individual
involved in the
research within caves in the Commonwealth
The Cave Protection Act protects from vandalism all geological, biological, and historic features in caves regardless of ownership. A permit is required from the Department of Conservation and Recreation, Natural Heritage Division, for research within caves and rock shelters. The concurrence of the Department of Historic Resources is required before the issuance of a permit.
8.
Underwater Archaeology Permits(§ 10.1-2214 Code of Virginia)
Law applies to: All underwater properties on bottomlands owned
by the
Commonwealth
Regulating agencies: Virginia Marine Resources Commission
Who is responsible for compliance: Any agency or individual
planning to explore
or recover objects underwater
The permitting process protects underwater historical properties, including shipwrecks and submerged terrestrial sites. Permits for either exploration or recovery are required from Virginia Marine Resources Commission. The Department of Historic Resources is consulted prior to issuance of the permits. The Department of Historic Resources determines which properties are historic.
Division of Resource Services and Review Directory
The Department of Historic Resources maintains archival materials concerning historic properties throughout the Commonwealth and a wide range of materials related to regulatory and technical aspects of historic preservation. Copies of guidelines concerning historic preservation and related regulations are available upon request. Please contact
Pam Doak, Resource Services and Review, Phone: (804) 367-2323, ext. 106; Fax: (804) 367-2391 further information.