A district nomination can be made by a group with members that do not live in the district. The nominator does not need the permission of the residents of the district to nominate it and there is no requirement to take a formal poll or vote. The nominator may proceed without notifying the residents of the submission and it can be made over the objection of an unknown percentage of residents.

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No statement from residents objecting to the nomination will be considered prior to the receipt of the nomination by the Office of Historic Preservation (OHP) because there is no case number or file to place it in. The probability of it being lost, misplaced or discarded is too great. The nominator is henceforth termed the “Applicant”.

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OHP checks to see their technical criterion has been met before it is forwarded to the State Historic Resource Commission (SHRC). The criterion of the OHP does not include a requirement for documentation of the acceptability or objection of the residents, henceforth termed “owners”.

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The first required notification of the owners is when the application is transferred to the SHRC. A notification is then sent to the owners of the nominated district from the SHRC (by mail) on an official document that simply states their home is in a district that has been nominated for historical registration and that the process is in motion. (See Example A)

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Historical nomination and registration is considered to be an honor. As such, the “application” is considered by the SHRC to be acceptable to all owners unless it receives an objection that meets the criteria outlined below. Written acceptance documents are not required and will not be weighed in number or merit against objecting documents.

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There is no voting procedure in the approval process. If a home owner objects, the notice allows the owner to attend a confirmation meeting. It also provides a web-link which directs the owner to write a letter that certifies the resident’s ownership of the home, declare that he and/or she objects, have it notarized and then mail it to the SHRC – or - write the same letter but include legal wording that binds the signer to the “Penalty of Perjury Under the Laws of The United States of America”. The later document can be mailed or emailed. The SHRC considers any home that does not respond for any reason whatsoever to have accepted the nomination. (See Example B)

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Each person named on the SHRC notice that objects to the designation should provide an individual letter to increase the likelihood that their opinion will be considered.

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The opinion of any Children living with the owner(s) that are of legal voting age and will eventually inherit the home will not be considered. Young adults must prove or declare at least partial ownership.

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The opinion of the City Council and/or City Officials will not be considered until if and when they are solicited by the applicant or owners (after the application is submitted).

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Opposition documents must be received by the SHRC/OHP between the time the application is submitted to OHP and 15 days before the meeting when SHRC will take action. The total time is not specified, but assume 45 days.

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Every home in the district is included as a contributor or non-contributor (as determined by the applicant). There are no exclusions or exemptions from the district regardless of the owner’s opinion.

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Objections noted above must represent more than 50% of the owners in the district (as determined by SHRC review of tax records). SHRC has the power to declare the district historic over the objection of 49% of the owners. The approved nomination is then sent to the National Registry to receive its honorary designation without further ado. There is no higher government agency responsible for monitoring this process.