W. Va. Code R. § 82-2-3

Current through Register Vol. XLI, No. 42, October 18, 2024

Section 82-2-3 - West Virginia Register of Historic Places

3.1. Eligibility Criteria. The following criteria will be used when evaluating the eligibility of sites for West Virginia Register of Historic Places:

3.1.a. The site must posses significance in West Virginia, American, or local history or prehistory, architecture, archaeology, or culture;

3.1.b. The site must possess integrity;

3.1.c. The site must meet at least one of the following criteria:

3.1.c.A. It must be associated with events that have made a significant contribution to the broad patterns of our history;

3.1.c.B. It must be associated with the lives of persons significant in our past;

3.1.c.C. It must embody the distinctive characteristics of type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or

3.1.c.D. It must have yielded, or may be likely to yield, information important in prehistory or history.

3.1.d. 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 have achieved significance within the past fifty (50) years are not considered eligible for the State Register. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories:

3.1.d.A. A religious property deriving primary significance form architectural or artistic distinction or historical importance;

3.1.d.B. 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;

3.1.d.C. A birthplace or grave of a historical figure of outstanding importance if there is no other appropriate site or building directly associated with his productive life;

3.1.d.D. A cemetery that derives its primary significance from graves of persons of transcendent importance, age, distinctive design features, or association with historic events;

3.1.d.E. A reconstructed building when accurately executed in 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;

3.1.d.F. A property primarily commemorative in intent if design, age tradition, or symbolic value has invested it with its own historical significance; or

3.1.d.G. A property achieving significance within the past fifty (50) years if it is of exceptional importance.

3.1.e. The following types of properties shall be considered eligible for State Register:

3.1.e.A. Districts;

3.1.e.B. Historic Sites;

3.1.e.C. Buildings;

3.1.e.D. Structures;

3.1.e.E. Objects;

3.1.e.F. Vistas;

3.1.e.G. Landscapes; and

3.1.e.H. Natural sites.

3.1.f. Sites listed in the National Register of Historic Places shall be listed in the State Register and not be required to follow the process described in Section 3.2 of this rule.

3.2. Registration Process. The Division of Culture and History shall prepare an application form for listing sites in the State Register and determine documentation requirements for minimal packages.

3.2.a. Any person may make application for nomination of a property to the State Register of Historic Places by completing and submitting a registration form to the Division of Culture and History. The Division of Culture and History may also initiate registration of properties to the State Register.

3.2.b. Upon receipt of a nomination package, the Division of Culture and History shall notify property owners and local elected officials that the property is being considered for listing on the State Register.

3.2.b.A. Property owners must be given no less than thirty (30) days to object in writing to the nomination. If a property owner objects, the nomination shall be tabled.

3.2.b.B. In the event of a historic district, at least fifty-one percent (51%) of the property owners must object in writing to table a nomination.

3.2.c. The Archives and History Commission shall evaluate all state nomination applications and determine their eligibility for the State Register.

3.2.d. If the commission determines a site eligible, it shall be listed on the State Register.

3.2.e. Upon receipt of the listing, the Governor, or governor's designee, signs the nomination form, officially proclaiming the property a West Virginia registered site.

W. Va. Code R. § 82-2-3