Information for Property Owners
How are property owners and the public notified about proposed National Register nominations?
When the State Historic Preservation Office (SHPO) staff determines that a National Register nomination under review in its office is complete and in acceptable form, it is scheduled for the next possible Historic Preservation Review Committee (Oklahoma's state review board required under National Park Service regulations) meeting. In accordance with National Park Service (NPS) regulations (36 CFR Part 60), the SHPO notifies the owners of the property and the appropriate chief elected local official (with courtesy copies provided to the appropriate State Senator and Representative) of the pending nomination. If there are fewer than fifty (50) property owners involved, the SHPO sends NPS approved notification by certified mail to each owner and to the chief elected local official. If a property involves fifty (50) or more property owners, the SHPO publishes a general notice in a newspaper of general circulation in the area where the property is located (historic districts are the most common properties to involve 50 or more owners), and a notice is sent by certified mail to the chief elected local official. Whichever notification process is used, the notice is given not less than thirty (30) nor more than seventy-five (75) days in advance of the Historic Preservation Review Committee meeting at which the nomination will be considered. The notice stipulates the property that is the subject of the nomination; explains the meaning of the National Register listing; informs the recipient about the date, time and place of the Committee's meeting; provides the date, time and place of an informational meeting in the local community when the property proposed for nomination is a district; and explains how owners may object to the nomination (see Can a property owner object to listing of his/her property in the National Register? If so, how? below). In the case of historic district nominations, the SHPO also issues a press release to the local newspaper and other media and provides an article for publications such as neighborhood newsletters. Complete copies of the proposed nomination are made available upon request from the SHPO and at the informational meetings held for historic district nominations.
How can property owners and others express support for a National Register nomination?
Any property owner, local official, or citizen may express support for a National Register nomination under consideration by the State Historic Preservation Office (SHPO), and all such written statements that the SHPO receives will be transmitted to the National Park Service. These statements may be forwarded to the SHPO by regular mail, fax, or e-mail or hand delivered to the SHPO at 800 Nazih Zuhdi Drive, Oklahoma City, or at the Historic Preservation Review Committee meeting when the nomination is considered.
Can an owner object to listing of his/her property in the National Register? If so, how?
Yes. Property owners have the right to object to the listing of their property in the National Register. Objections to listing must be notarized. If a simple majority of the private owners provide a notarized statement to the State Historic Preservation Officer (SHPO) that they are the sole or partial owner of a specific property and that they object to the listing of the property in the National Register, it will not be listed. When a majority of the property owners file such objections with the SHPO (by regular mail or in person) at 800 Nazih Zuhdi Drive, Oklahoma City, by the deadline specified in the notice to property owners about the nomination, the SHPO will complete the formal review of the nomination under the National Park Service (NPS) regulations (36 CFR Part 60). However, the Keeper of the Register, NPS, will issue a Determination of Eligibility rather than formally list the property.
Public property owners, such as city and county governments, may not support nomination of their property to the National Register. However, their objections do not prevent formal listing in the National Register.
Property owners should feel free to contact the SHPO about their questions concerning the National Register and their rights. For the convenience of owners who wish to object to a National Register nomination, the SHPO will provide a form objection letter upon request. Anyone has the right to petition the Keeper of the Register directly about objections to a nomination.
Is there a specific SHPO staff member to contact with our questions about the National Register?
Yes. You may contact Michael Mayes at 405-522-4479.
Rights of Owners to Comment and/or Object to Listing in the National Register
Owners of private properties nominated to the National Register have an opportunity to concur with or object to listing in accord with the National Historic Preservation Act and 36 CFR 60. Any owner or partial owner of private property who chooses to object to listing may submit to the State Historic Preservation Officer in one of the following formats:
- a notarized statement certifying that the party is the sole or partial owner of the private property and objects to the listing.
- Under 28 U.S.C. § 1746:
- If executed within the United States, its territories, possessions, or commonwealths: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature).”
- If executed without the United States: “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature)”.
Each owner or partial owner of private property has one vote regardless of the portion of the property that the party owns. If a majority of private property owner’s object, a property will not be listed. However, the State Historic Preservation Officer shall submit the nomination to the Keeper of the National Register of Historic Places for a determination of eligibility of the property for listing in the National Register. If the property is then determined eligible for listing, although not formally listed, Federal agencies will be required to allow for the Advisory Council on Historic Preservation to have an opportunity to comment before the agency may fund, license, or assist a project which will affect the property. If you choose to object to the listing of your property, the notarized copy must be submitted to Trait Thompson, Oklahoma Historical Society, Oklahoma History Center, 800 Nazih Zuhdi Drive, Oklahoma City, OK 73105, by the day before the Historic Preservation Review Committee meeting.
If you wish to comment on the nomination of the property to the National Register, please send your comments to the State Historic Preservation Office before the State Historic Preservation Review Committee considers nominations on the third Thursday of the month. A copy of the nomination and information on the National Register and the federal tax provisions are available HERE.
