Are there any legal protections for historically significant properties in land use law?

Yes, Virginia land use law provides legal protections for historically significant properties. Generally, the Virginia Code of Historic Resources and the Department of Historic Resources (DHR) work together to provide these protections. The code requires that any changes made to a property or land, including alterations and new construction, must be approved by the DHR if the property has been determined to be historically or architecturally significant. In some cases, challenges to land use decisions based on historic preservation may be submitted to the legislative body of the locality in which the property is located, who must provide “adequate consideration” of the historic or architectural nature of the property. If a certain change will cause “material detriment” to a structure or landscape, the applicant will not be granted approval. The DHR and the Virginia Historic Garden Pathway Commission work together to protect significant landscapes, such as gardens, parks, and streetscapes. The commission assigns a status of “Historic Garden Pathway” to these sites, which gives them certain legal protections against future development. All structures that are within the Historic Garden Pathway must be approved by both the DHR and the commission, and any alterations must be done in accordance with their regulations. In conclusion, Virginia land use law provides legal protections for historically significant properties, including individual structures and landscapes. The DHR and the Virginia Historic Garden Pathway Commission provide oversight over projects that seek to alter or build on these properties, and the local legislative body must provide adequate consideration of their historic or architectural nature.

Are there any legal protections for historically significant properties in land use law?

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