NATIONAL REGISTER FACT SHEET 5
PROCEDURE FOR SUPPORTING OR OBJECTING TO
NATIONAL REGISTER LISTING
Under federal law a privately owned property may not be listed in the National Register over the objection of its owner or, in the case of a property with multiple owners, over the objection of a majority of owners. A district may not be listed in the National Register over the objection of a majority of owners of private property within the proposed district.
Supporting a National Register nomination:
Private owners who seek National Register listing for their properties are not required to submit statements of concurrence, though letters of support of the nomination are welcomed and become a permanent part of the nomination file. Owners who wish to support a nomination are encouraged to submit letters of support to the State Historic Preservation Officer prior to the National Register Advisory Committee meeting at which the nomination is to be considered.
Objecting to a National Register nomination:
Any owner or partial owner of a nominated private property who chooses to object to listing must submit to the State Historic Preservation Officer a notarized statement certifying that he or she is sole or partial owner of the private property and objects to the listing. Each owner or partial owner of the property has one vote regardless of what part of the property or how much property the individual owns. Owners who wish to object are encouraged to submit statements of objection prior to the meeting of the National Register Advisory Committee at which the nomination is being considered. However, statements of objection may be submitted and will be counted up until the actual date of listing, which usually takes place at least 15 days but not more than 45 days after the nomination is mailed to the Keeper of the National Register following the National Register Advisory Committee meeting.
If a majority of private property owners should object, the property or district will not be listed. However, in such cases the State Historic Preservation Officer is required to submit the nomination to the Keeper of the National Register for a determination of eligibility for the National Register. If the property or district is determined eligible for listing, although not formally listed, it will be treated as a listed property or district for purposes of federal undertakings in the environmental review process. Such properties are not eligible for federal preservation grants or tax credits until the objections are withdrawn and the property is listed.
letters of support or objection to:
State Historic Preservation Officer
Office of Archives and History
4610 Mail Service Center, Raleigh NC 27699-4610
National Register Advisory Committee meetings are open to the public. Meetings normally are held in Raleigh the second Thursday of February, June, and October. Meetings normally convene at 10 AM and are held in the Third Floor Conference Room of the Archives and History Building at 109 East Jones
Street, though the meeting locations may vary. For more information, call 919-807-6587 in advance of the meeting day.
FOR MORE INFORMATION:
structures and the National Register: Survey
and National Register Branch (See branch page for telephone number and
email of staff person for your county).
Archaeological sites and the National Register: Office of State Archaeology e-mail firstname.lastname@example.org.
Preservation tax credits and technical restoration assistance: Restoration Branch.
The National Register program is governed by the following federal and state rules and regulations: 36CFR Part 60 (interim rule), 36CFR Part 61 (final rule), and North Carolina Administrative Code T07: 04R .0300.