                                 CODE OF VIRGINIA

POWERS AND DUTIES OF THE DIRECTOR (§ 10.1-2202)

In addition to the powers and duties conferred upon the Director elsewhere and
in order to encourage, stimulate, and support the identification, evaluation,
protection, preservation, and rehabilitation of the Commonwealth&#8217;s
significant historic, architectural, archaeological, and cultural resources; in
order to establish and maintain a permanent record of those resources; and in
order to foster a greater appreciation of these resources among the citizens of
the Commonwealth, the Director shall have the following powers and duties which
may be delegated by the Director:

1. To employ such personnel as may be required to carry out those duties
conferred by law;

2. To make and enter into all contracts and agreements necessary or incidental
to the performance of his duties and the execution of his powers, including but
not limited to contracts with private nonprofit organizations, the United
States, other state agencies and political subdivisions of the Commonwealth;

3. To apply for and accept bequests, grants and gifts of real and personal
property as well as endowments, funds, and grants from the United States
government, its agencies and instrumentalities, and any other source. The
Director shall have the authority to comply with such conditions and execute
such agreements as may be necessary, convenient or desirable;

4. To perform acts necessary or convenient to carry out the duties conferred by
law;

5. To promulgate regulations, in accordance with the Virginia Administrative
Process Act (&#xA7; 2.2-4000 et seq.) and not inconsistent with the National
Historic Preservation Act (P.L. 89-665) and its attendant regulations, as are
necessary to carry out all responsibilities incumbent upon the State Historic
Preservation Officer, including at a minimum criteria and procedures for
submitting nominations of properties to the National Park Service for inclusion
in the National Register of Historic Places or for designation as National
Historic Landmarks;

6. To conduct a broad survey and to maintain an inventory of buildings,
structures, districts, objects, and sites of historic, architectural,
archaeological, or cultural interest which constitute the tangible remains of
the Commonwealth&#8217;s cultural, political, economic, military, or social
history;

7. To publish lists of properties, including buildings, structures, districts,
objects, and sites, designated as landmarks by the Board, to inspect designated
properties from time to time, and periodically publish a complete register of
designated properties setting forth appropriate information concerning those
properties;

8. With the consent of the landowners, to provide appropriately designed markers
for designated buildings, structures, districts, objects and sites;

9. To acquire battlefield properties, designated landmarks, and other properties
of historic significance as determined by the Department, or easements or
interests therein, and to administer such properties, whether acquired pursuant
to this subsection or subdivision A 4 of &#xA7; 10.1-2204;

10. To aid and to encourage counties, cities and towns to establish historic
zoning districts for designated landmarks and to adopt regulations for the
preservation of historical, architectural, archaeological, or cultural values;

11. To provide technical advice and assistance to individuals, groups and
governments conducting historic preservation programs and regularly to seek
advice from the same on the effectiveness of Department programs;

12. To prepare and place, in cooperation with the Department of Transportation,
highway historical markers approved by the Board of Historic Resources on or
along the highway or street closest to the location which is intended to be
identified by the marker;

13. To develop a procedure for the certification of historic districts and
structures within the historic districts for federal income tax purposes;

14. To aid and to encourage counties, cities, and towns in the establishment of
educational programs and materials for school use on the importance of
Virginia&#8217;s historic, architectural, archaeological, and cultural
resources;

15. To conduct a program of archaeological research with the assistance of the
State Archaeologist which includes excavation of significant sites, acquisition
and maintenance of artifact collections for the purposes of study and display,
and dissemination of data and information derived from the study of sites and
collections;

16. To manage and administer the Historic Resources Fund as provided in &#xA7;
10.1-2202.1; and

17. To manage and administer the Historical African American Cemeteries and
Graves Fund as provided in &#xA7; 10.1-2211.3.

HISTORY: 1989, c. 656; 1992, cc. 256, 801; 1995, c. 21; 2005, c. 85; 2006, c.
32; 2015, c. 100; 2020, cc. 455, 456; 2021, Sp. Sess. I, c. 406.