Cross Keys & Port Republic Battlefields Preservation Plan

Prepared for Shenandoah Valley Battlefields Foundation And the County of Rockingham, Virginia

Prepared by

Principal Authors

John D. Hutchinson V Shenandoah Valley Battlefields Foundation

Phoebe Kilby, Sympoetica

Sympoetica Planners and Designers Woodstock, Virginia

With Kim Holien Martha Semmes Lisa Hawkins

October 22, 2003

Invited Members of the Cross Keys / Port Republic Battlefields Preservation Plan Steering Committee

Gerald Beam David R. Knicely W. C. Bedall, Jr William B. Kyger, Jr. Chris and Gene Bowlen Anita Landes Thomas Bowman Rachael Lilly Anita Cummins Violet H. Magalis Walter and Martha Curt Vern D. Michael Jack Daulton Gerald Myers Sarah and Lee Foltz Wayne Pence Bibb and Dolly Frazier Steven L. Saunders Aaron Good Fred and Patty Sensabaugh . Randy Harper, Jr. William J. Snuffin, Jr Irwin and Nancy Hess Julie and Dan Stickley Ellen Kaylor Thomas D. Strickler Beatrice and John Woody

This material is based upon work assisted by a grant from the Department of the Interior, National Park Service. Any opinions, findings, and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of the Department of the Interior. Cross Keys and Port Republic Battlefields Preservation Plan

Table of Contents

Executive Summary...... i

1.0 Introduction ...... 1-1 1.1 Battlefield Preservation in the Shenandoah Valley...... 1-1 1.2 The Preservation Planning Process ...... 1-4 1.3 Battlefield Boundaries...... 1-9 1.4 Principles of Planning and Preservation...... 1-13 1.5 Issues and Ideas to be Addressed by the Plan ...... 1-13 1.6 Vision Statement and Goals...... 1-14

2.0 History of the Battles of Cross Keys and Port Republic...... 2-1 2.1 Introduction...... 2-1 2.2 The Battle of Cross Keys – 8 June 1862 ...... 2-1 2.3 The Battle of Port Republic – 9 June 1862...... 2-5

3.0 Existing Conditions of the Battlefields and Environs in 2002 ...... 3-1 3.1 Historic Resources Remaining on the Battlefields ...... 3-1 3.2 Current Use of Land on the Battlefields...... 3-10 3.3 Zoning and Subdivision Controls ...... 3-13 3.4 Comprehensive Plan...... 3-17 3.5 Transportation Planning ...... 3-19 3.6 Current Preservation Status of Battlefield Lands...... 3-19 3.7 The Agricultural Economy ...... 3-23 3.8 Tourism...... 3-25

4.0 Potential Preservation Tools and Techniques ...... 4-1 4.1 Private Land Conservation ...... 4-1 4.1.1 Fee simple acquisition ...... 4-1 4.1.2 Conservation easement acquisition ...... 4-2 4.1.3 Ways to acquire easements and fee simple interests ...... 4-2 4.1.4 Leases and management agreements...... 4-4 4.1.5 Agricultural and forestal districts ...... 4-4 4.1.6 Design consultation service...... 4-6 4.2 County Actions to Preserve the Battlefields...... 4-6 4.2.1 Purchase of development rights (PDR) ...... 4-6 4.2.2 Comprehensive plan policies ...... 4-7 4.2.3 Zoning and subdivision regulations...... 4-8

Rockingham County and the Shenandoah Valley Battlefields Foundation Cross Keys and Port Republic Battlefields Preservation Plan

4.3 Tax Policies ...... 4-10 4.3.1 Use Value Assessment...... 4-10 4.3.2 Local Real Estate Tax Reductions for Conservation Easements ...... 4-11 4.3.3 Federal Income Tax Benefits for Conservation Donations...... 4-11 4.3.4 Virginia Income Tax Deductions and Credits for Conservation Donations...... 4-11 4.3.5 Federal and State Income Tax Credits for Historic Building Rehabilitation ...... 4-12 4.3.6 Estate Tax Reductions for Easements...... 4-12 4.4 Battlefield Agricultural Support Program ...... 4-13 4.5 Sources of Funding for Preservation Programs ...... 4-14 4.6 Recommended Preservation Tools...... 4-16

5.0 Preservation Priorities...... 5-1 5.1 Methodology / Preservation Value Ranking System ...... 5-1 5.2 Preservation Recommendations...... 5-2 5.2.1 Parcel-specific recommendations...... 5-2 5.2.2 Preservation recommendations for entire battlefields ...... 5-2

6.0 Management Issues...... 6-1 6.1 Cultural Resource Management...... 6-1 6.2 Landscape Management ...... 6-3 6.3 Access and Visitor Management...... 6-4 6.4 View Management ...... 6-5

7.0 Potential Partners in Preservation, Interpretation and Management ...... 7-1

8.0 Action Plan...... 8-1

Appendix A Preservation Ranking System...... A-1

Appendix B Vegetation Management...... B-1

Rockingham County and the Shenandoah Valley Battlefields Foundation Cross Keys and Port Republic Battlefields Preservation Plan

Executive Summary

A Community-Based Preservation Plan

The Shenandoah Valley Battlefields Foundation, Rockingham County, and a Citizens Steering Committee jointly prepared this preservation plan for Cross Keys and Port Republic Civil War battlefields in Rockingham County, Virginia. With funding and support from the National Park Service’s American Battlefield Protection Program, they established a process for developing a community-based action plan to preserve the battlefields.

A 37-member Steering Committee of landowners was enlisted to guide the process and to reach out to the general public for ideas and issues that should be addressed in the plan. The resulting plan was endorsed by the Board of Trustees of the Shenandoah Valley Battlefields Foundation on December 16, 2002, and by the Rockingham County Board of Supervisors on October 22, 2003.

The Role of the Shenandoah Valley Battlefields Foundation

The Shenandoah Valley Battlefields Foundation (SVBF) was established in 2000, pursuant to the Shenandoah Valley Battlefields National Historic District and Commission Act.1 The act, passed by Congress in 1996, established an eight-county national historic district and set in motion a planning process overseen by a commission of landowners and local, state, and federal government representatives to address the preservation, interpretation and management of the following ten Civil War battlefields within the district.

Ten Civil War Battlefields of the Shenandoah Valley Battlefields National Historic District

Cedar Creek Frederick, Shenandoah, and Warren counties Cross Keys Rockingham County Fisher’s Hill Shenandoah County Kernstown Frederick County McDowell Highland and Augusta counties New Market Shenandoah and Rockingham counties Port Republic Rockingham County Second Winchester Frederick County Third Winchester Frederick and Clarke counties Tom’s Brook Shenandoah County

The locations of the ten battlefields within the National Historic District are shown in Figure i.

1 P. L. 104-333 as amended.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page i

Cross Keys and Port Republic Battlefields Preservation Plan

Figure i Shenandoah Valley Battlefields National Historic District

Rockingham County and the Shenandoah Valley Battlefields Foundation Page ii

Cross Keys and Port Republic Battlefields Preservation Plan

After three-years of studying options for battlefield protection, the commission published the Shenandoah Valley Battlefields National Historic District Management Plan in November 2000. The management plan, which was endorsed by the Secretary of the Interior, the Commonwealth of Virginia, and Rockingham County, recommended the creation of the Battlefields Foundation, a Virginia non-stock corporation, to implement the plan. The management plan also recommended, among other matters, that the Foundation with its local government partners and local landowners develop a preservation plan for each battlefield. This plan for Cross Keys and Port Republic battlefields responds to that recommendation.

The Significance of the Battles of Cross Keys and Port Republic

Virginia’s Shenandoah Valley was a key theater in the Civil War. More than 325-armed conflicts took place here. General Thomas J. “Stonewall” Jackson’s 1862 campaign, of which the Cross Keys and Port Republic battles were a part, is perhaps the most well known today. The battles of Cross Keys and Port Republic were the decisive victories of Stonewall Jackson’s Valley Campaign. At Cross Keys, one of Jackson’s divisions beat back the army of Major General John C. Fremont approaching Harrisonburg, while elements of a second division held back the vanguard of Brigadier General James Shields’ division advancing toward Port Republic on the Luray Road. During the night of 8 to 9 June, Jackson withdrew from in front of Fremont and at dawn attacked two of Shields’ four brigades (commanded by Brigadier General E. B. Tyler), precipitating the battle of Port Republic. Fremont reached the vicinity too late to aid Tyler, who was badly beaten. With the retreat of both Federal armies, Jackson was freed to join the Confederate army commanded by General Robert E. Lee in the Seven Days’ Battles against McClellan’s army before Richmond.

Battlefield Boundaries

Congress established the boundaries of the Cross Keys and Port Republic battlefields in the Shenandoah Valley Battlefields National Historic District and Commission Act of 1996. At the direction of Congress,2 the National Park Service (NPS) mapped the study and core areas of each battlefield in its Study of Civil War Sites in the Shenandoah Valley of Virginia, published in 1992. Congress used this information to define the battlefields by law. The study area for each battlefield is that area which encompasses all of the battlefield’s features, sites, movements, and positions. The core area for each battlefield is that area which encompasses all the critical phases defined for the battle.

Historians Bill Bedall, John Heatwole, and Kim Holien assisted the Steering Committee in further defining the places within the core areas of the battlefields that witnessed the major battle lines and the heaviest fighting. They outlined this “field of fire” area as the area most important to preserve and to provide access to the public for interpretation. Table i provides the acreage for the study, core, and field of fire areas of each battlefield.

2 P. L. 101-628 as amended.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page iii

Cross Keys and Port Republic Battlefields Preservation Plan

Table i: Acres in the Study, Core, and Field of Fire Areas Study Core Field of Battlefield Area Area Fire Cross Keys 5,450 2,153 1,700 Port Republic 4,936 2,145 430 Total NA* 4,298 2,130

Note: The study areas of the two cannot be totaled because they overlap.

Figures ii and iii show the study, core and field of fire areas for each battlefield.

Battlefield Preservation Tools and Techniques Recommended

The Citizens Steering Committee (CSC) considered a wide range of potential tools that could be used to preserve the two battlefields. The following were selected as those that should be considered for Cross Keys and Port Republic battlefields.

Private Land Conservation Measures to be Implemented by SVBF and Other Private Non-Profit Battlefield Preservation Organizations

• Fee simple acquisition of land (purchase or donation) • Conservation easement acquisition (purchase or donation) • Promotion of agricultural and forestal districts under Virginia Code 15.2-4300 et. seq. • Design guidelines and a design consultation service • Nomination of the battlefields to the National Register of Historic Places and Virginia Landmarks Register

Rockingham County Actions to Preserve the Battlefields

• Comprehensive plan policies and recommendations to preserve the battlefields • A new battlefield zoning district with design guidelines or standards • Establishment of agricultural and forestal districts • Agricultural support programs throughout the county • Purchase of development rights program

The preservation plan identifies the tax advantages of the donation of land or easements for battlefield preservation and a wide range of funding sources for land and easement purchase.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page iv

Cross Keys and Port Republic Battlefields Preservation Plan

Figure ii Study, Core, and Field of Fire Areas for Cross Keys Battlefield

Rockingham County and the Shenandoah Valley Battlefields Foundation Page v

Cross Keys and Port Republic Battlefields Preservation Plan

Figure iii Study, Core, and Field of Fire Areas for Port Republic Battlefield

Shenandoah National Park

Rockingham County and the Shenandoah Valley Battlefields Foundation Page vi

Cross Keys and Port Republic Battlefields Preservation Plan

Preservation Area Recommendations

Parcel-Specific Recommendations

The Citizens Steering Committee developed and applied a method of ranking the preservation value of each parcel on the battlefields. The three major criteria of this ranking system were historic significance, historic integrity, and potential for change. Specific preservation tools were recommended for each highly ranked parcel in the core and field of fire areas generally on the following basis.

• Fee simple or easement acquisition for parcels in the field of fire area • Fee simple acquisition for parcels where public access for interpretation is critical • Easement acquisition for remaining parcels in the core area

The preservation recommendations for each parcel described above are the ideal ones to achieve the preservation goals established by the Steering Committee. Given that the Battlefields Foundation and Rockingham County will only purchase land or easements from willing sellers, these ideal tools may not be achievable. Therefore, second, third and fourth level tools of descending preference are also identified. In most cases, if fee simple or easement acquisition cannot be achieved, the back-up preservation method at the third or fourth level is the agricultural and forestal district.

Tables ii and iii present these parcel-specific preservation recommendations for Cross Keys and Port Republic, respectively. Recommendations are keyed to maps, Figure iv and Figure v, outlining preservation areas for the battlefields.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page vii

Cross Keys and Port Republic Battlefields Preservation Plan

Table ii: Preservation Area Recommendations for Core Area of Cross Keys Battlefield Area Ideal tool Option 2 Option 3 Option 4 1.A. Fee simple donation Easement donation (with Ag District public access) 1.B. Fee simple acquisition Easement acquisition Ag District 1.C. Fee simple acquisition Easement acquisition Ag District (with façade easement on structures) 1.D. Easement acquisition Ag District (with façade easement & public access) 1.E. Easement acquisition Ag District 2.A. Fee simple acquisition Easement acquisition Ag District (with public access) 2.B. Easement acquisition Ag District 2.C. Easement acquisition Easement acquisition (no Ag District (with public access) public access) 2.D. Easement acquisition Ag District 2.E. Fee simple acquisition Easement acquisition Easement Ag District (with public access) acquisition (no public access) 2.F. Easement acquisition Easement acquisition Easement Ag District (with façade easement & (with façade easement) acquisition public access) 2.G. Easement acquisition Ag District 3.A. Voluntary advisory design guidelines Other Easement donation Ag District Parcels * Note: * Other parcels include all parcels in the core or study area not designated by a number/letter on Figure iv.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page viii

Cross Keys and Port Republic Battlefields Preservation Plan

Figure iv Cross Keys Primary Preservation Areas

Rockingham County and the Shenandoah Valley Battlefields Foundation Page ix

Cross Keys and Port Republic Battlefields Preservation Plan

Table iii: Preservation Area Recommendations Port Republic Battlefield Area Ideal tool Option 2 Option 3 Option 4 1.A. Easement acquisition Fee simple acquisition Ag District (with public access) 1.B. Easement acquisition Fee simple acquisition Ag District (with public access) 1.C. Easement acquisition Fee simple acquisition Ag District (with public access) 1.D. Easement acquisition Ag District 1.E. Easement acquisition Ag District 2.A. Voluntary advisory design guidelines 2.B. Easement acquisition Ag District (with façade easement on historic structures) 2.C. Easement acquisition Ag District Other Easement donation Ag District Parcels * Note: * Other parcels include all parcels in the core or study area not designated by a number/letter on Figure v.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page x

Cross Keys and Port Republic Battlefields Preservation Plan

Figure v Port Republic Primary Preservation Areas

Rockingham County and the Shenandoah Valley Battlefields Foundation Page xi

Cross Keys and Port Republic Battlefields Preservation Plan

Preservation Recommendations for Entire Battlefields

The remainder of parcels on the battlefields as well as all the parcels in the core and field of fire areas (in other words, all parcels on the battlefields) are recommended for the following additional preservation techniques.

• Easement donation from any interested donor offering land with preservation value • Agricultural and forestal districts for qualifying agricultural and forested parcels • A new battlefield zoning district to be applied to all lands currently zoned A-1 or A-2 within the entire study area of each battlefield and outside the battlefields within 1,000 feet of the study area boundary • Eventual nomination of the study areas of each battlefield for the National Register of Historic Places and the Virginia Landmarks Register • An agricultural support program initiated by Rockingham County throughout the county’s agricultural areas, which would benefit farmers on the battlefields • Voluntary design guidelines developed by the Battlefields Foundation to advise landowners in siting new buildings and uses on the battlefield. If funding can be secured, the Battlefields Foundation should also provide a design consultation service to help landowners apply the guidelines.

Action Plan

The preservation plan recommends that the SVBF and Rockingham County, with the Battlefields Foundation taking the lead, work together to coordinate implementation of the Preservation Plan through the following action plan. The action plan identifies not only preservation actions, but also accompanying organizational, interpretation, visitors services provision and management actions.

Phase I

A. Organization (Joint effort of SVBF and Rockingham County) • Appoint a Cross Keys and Port Republic Battlefields Citizens Advisory Board to: • Advise SVBF and Rockingham County on implementation of preservation measures, such as the new battlefields zoning district • Promote landowner participation in agricultural and forestal districts • Provide input to interpretation programs • Assist in locating and obtaining funding for a battlefields visitor orientation center • Provide feedback on management issues • Establish a Rockingham County / Battlefields Foundation Staff Working Group to: • Meet at least quarterly to coordinate efforts to preserve, interpret, and manage the battlefields • Explore options for locating and funding the construction and operation of a battlefields visitor orientation center

Rockingham County and the Shenandoah Valley Battlefields Foundation Page xii

Cross Keys and Port Republic Battlefields Preservation Plan

B. Land Preservation • Battlefields Foundation • Continue to explore all funding sources for land and easement acquisition on the battlefields • Purchase land and easements using the preservation recommendations of Table 5.2 and 5.3 as a guide • Develop a design guidelines manual for private development on the battlefield and promote its dissemination and use • Rockingham County • Incorporate by reference this battlefield preservation plan into the Rockingham County Comprehensive Plan • Initiate a process to amend the zoning ordinance to include a new battlefield zoning district; involve the Cross Keys and Port Republic Battlefields Citizens Advisory Board in the development of the ordinance language • Promote and support the appropriate creation of and additions to agricultural and forestal districts on the battlefields

C. Interpretation (Battlefields Foundation) • Prepare interpretive plans and a driving tour concept for Cross Keys and Port Republic battlefields • Provide grants and technical assistance to organizations (historic preservation organizations, museums, etc.) for interpretative programs and facilities

D. Visitor Services (Joint Effort of SVBF and Rockingham County) • Explore visitor orientation center options with the Citizens Advisory Board, Harrisonburg-Rockingham Convention and Visitors Bureau, and local historic preservation groups and museums • Arrange for data to be collected at the Harrisonburg-Rockingham Visitors Bureau Visitors Center on travelers seeking information on Civil War attractions and activities; use this data in planning for visitor services

E. Land Management (Battlefields Foundation) • Prepare a cultural landscape report and master plan for property acquired by SVBF • Meet with land and easement owners of preserved land on the battlefields to develop a joint land management approach

Rockingham County and the Shenandoah Valley Battlefields Foundation Page xiii

Cross Keys and Port Republic Battlefields Preservation Plan

Phase II

A. Organization (Joint Effort of SVBF and Rockingham County) • Review organizational structures for appropriate adjustment

B. Land Preservation • Battlefields Foundation • Continue to explore all funding sources for land and easement acquisition on the battlefields • Purchase land and easements using the preservation recommendations of Table 5.2 and 5.3 as a guide • Secure funding for and offer a design consultation service to landowners wishing to subdivide land, build new structures and facilities, and add to existing structures and facilities • Rockingham County • Adopt a new battlefield zoning district • Explore options for an agricultural support program countywide • Promote and support the appropriate creation of and additions to agricultural and forestal districts on the battlefields

C. Interpretation (Battlefield Foundation) • Develop a Cross Keys / Port Republic driving tour and brochure building on the Virginia Civil War Trails Program • Provide grants and technical assistance to organizations (historic preservation organizations, museums, etc.) for interpretative programs and facilities

D. Visitor Services (Joint Effort of SVBF and Rockingham County) • Agree upon the appropriate organization to develop and operate the visitor orientation center • Assist the visitor orientation center organization in securing funding for the development and operation of the center • Offer design review for development of the visitor orientation center

E. Land Management (Battlefields Foundation) • Prepare cultural landscape reports and master plans for any fee simple properties acquired

Rockingham County and the Shenandoah Valley Battlefields Foundation Page xiv

Cross Keys and Port Republic Battlefields Preservation Plan

Phase III

A. Organization (Joint Effort of SVBF and Rockingham County) • Review current organizational structures for appropriate adjustment

B. Land Preservation • Battlefields Foundation • Continue to explore all funding sources for acquisition of land and easements on the battlefields • Purchase land and easements using the preservation recommendations of Table 5.2 and 5.3 as a guide • Nominate the two battlefields to the National Register of Historic Places and Virginia Landmarks Register in cooperation with the Citizens Advisory Board • Rockingham County • Consider a purchase of development rights program for the battlefields in cooperation with the Battlefields Foundation • Implement an agricultural support program countywide • Promote and support the appropriate creation of and additions to agricultural and forestal districts on the battlefields

C. Interpretation (Battlefields Foundation) • Provide grants and technical assistance to organizations (visitor orientation center, historic preservation organizations, museums, etc.) for expansion of interpretative programs and facilities

D. Visitor Services • Use visitor data collected at the visitor orientation center to refine preservation, interpretation, and management programs

E. Land Management (Battlefields Foundation) • Prepare cultural landscape reports and master plans for any fee simple properties acquired

Rockingham County and the Shenandoah Valley Battlefields Foundation Page xv

Cross Keys and Port Republic Battlefields Preservation Plan

Rockingham County and the Shenandoah Valley Battlefields Foundation Page xvi

Cross Keys and Port Republic Battlefields Preservation Plan

1.0 Introduction

The Shenandoah Valley Battlefields Foundation, Rockingham County, and a citizens Steering Committee jointly prepared this preservation plan for Cross Keys and Port Republic Civil War battlefields in Rockingham County, Virginia. With funding and support from the National Park Service’s American Battlefield Protection Program, they established a process for developing a community-based action plan to preserve the battlefields.

A 39-member Steering Committee of landowners was enlisted to guide the process and to reach out to the general public for ideas and issues that should be addressed in the plan. The resulting plan was endorsed by the Board of Trustees of the Shenandoah Valley Battlefields Foundation on December 16, 2002, and by the Rockingham County Board of Supervisors on October 22, 2003.

1.1 Battlefield Preservation in the Shenandoah Valley

The Shenandoah Valley Battlefields Foundation (SVBF) was established in 2000, pursuant to the Shenandoah Valley Battlefields National Historic District and Commission Act.3 The act, passed by Congress in 1996, established an eight-county national historic district and set in motion a planning process overseen by a commission of landowners and local, state, and federal government representatives. Congress also designated the National Historic District one of 23 National Heritage Areas in the country.

One of the first steps taken by the Battlefields Foundation was the establishment of a battlefield protection program to acquire farmland and interest in land and to hold permanent conservation easements to preserve historical and archaeological resources by limiting the conversion of farmland to more intensive uses.

The mission of SVBF is to preserve Civil War battlefields in the Shenandoah Valley National Historic District, both directly and by enabling others to do so, and to celebrate

3 P. L. 104-333 as amended.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 1 - 1

Cross Keys and Port Republic Battlefields Preservation Plan

the Civil War heritage of the district. The district is comprised of the following counties and cities.

Augusta County Clarke County Frederick County Harrisonburg Highland County Page County Rockingham County Shenandoah County Staunton Warren County Waynesboro Winchester

SVBF’s protection efforts use voluntary measures including the acquisition of conservation easements and other interests in land that protect the battlefields from conversion to more intensive commercial, industrial, and residential uses. The Battlefields Foundation neither has nor seeks condemnation authority. Instead, SVBF pursues policies that aid private landowners who face development pressure in maintaining their land in rural uses.

The Battlefields Foundation’s land and easement acquisition efforts focus on ten Civil War battlefields named in its enabling legislation that include approximately 21,000 acres of core battlefield land that retains historic integrity. The core area acreage on these battlefields that retains historic integrity, largely as a result of the fact that it is still in active agricultural uses, and their respective localities are listed below.

Ten Civil War Battlefields of the Shenandoah Valley Battlefields National Historic District (Core Area Acreages Retaining Historic Integrity)

Cedar Creek (5,475 acres) Frederick, Shenandoah, and Warren counties Cross Keys (2,032 acres) Rockingham County Fisher’s Hill (2,328 acres) Shenandoah County Kernstown (770 acres) Frederick County McDowell (2,258 acres) Highland and Augusta counties New Market (1,527 acres) Shenandoah and Rockingham counties Port Republic (2,110) Rockingham County Second Winchester (1,299 acres) Frederick County Third Winchester (1,625 acres) Frederick and Clarke counties Tom’s Brook (1,672 acres) Shenandoah County

The locations of the battlefields within the Historic District are shown in Figure 1.1.

The Shenandoah Valley Battlefields National Historic District Management Plan also recommended that the Battlefields Foundation develop detailed preservation plans for each battlefield. The first of these to be prepared is this plan for Cross Keys and Port Republic. These overlapping battlefields saw northern and southern armies clash on subsequent days, 8 and 9 June 1862. The National Historic District Management Plan identified them as a battlefield “cluster” to be preserved, interpreted, and promoted to visitors in a coordinated manner.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 1 - 2

Cross Keys and Port Republic Battlefields Preservation Plan

Figure 1.1 Shenandoah Valley Battlefields National Historic District

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 1 - 3

Cross Keys and Port Republic Battlefields Preservation Plan

1.2 The Preservation Planning Process

The process for preparing the Cross Keys and Port Republic Battlefields Preservation Plan was designed to involve Rockingham County citizens and battlefield landowners in the planning effort as much as possible. The plan was initiated in response to an informational meeting sponsored by Rockingham County and the Battlefields Foundation in December 2000. The goal of the gathering was to determine whether battlefield landowners and community groups were interested in helping prepare a voluntary preservation plan. In a straw pole, 76 percent of the landowners attending endorsed the idea.

Subsequently, the Rockingham County Board of Supervisors voted to pursue an American Battlefield Protection Program (ABPP) grant to undertake the planning effort. The Battlefields Foundation agreed to partner in the project and to provide a portion of the funding.

With the award of funding from the ABPP, the county and the foundation selected the Woodstock, Virginia-based firm Sympoetica to assist in the planning project. A Steering Committee, comprised largely of battlefield landowners, was recruited to guide the planning process. Thirty-seven citizens agreed to serve on the panel. Steering Committee members are listed on the back of the title page of this plan.

Between October 2001 and December 2002, the partners held 14 meetings involving the Steering Committee, Rockingham County officials, SVBF staff and board members, the general public, and stakeholder groups in the travel trades, historic preservation, land conservation, and the farming community. Under the guidance of the Steering Committee, the process outlined below was used to develop the plan.

Battlefield Preservation Planning Process

A. Collection of information on the battlefields 1. Current status of the land (parcel sizes, preservation status) 2. Agricultural economy 3. Transportation resources 4. Historic significance of the land / identification of fields of fire 5. Tourism in Rockingham County 6. Existing land use and zoning 7. Viewsheds from battlefield roads

B. Development of a vision statement and goals for the preservation plan 1. Public input sessions 2. Preparation of vision and goals statement for the plan based on public input

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 1 - 4

Cross Keys and Port Republic Battlefields Preservation Plan

C. Ranking of preservation value of battlefield lands 1. Preparation of draft ranking system for evaluating the status of land regarding its: - historic significance - integrity (how well it mirrors Civil War conditions) - potential for development 2. Application of ranking system to the lands of each battlefield

D. Development of preservation strategies 1. Review of preservation tools available in Virginia and Rockingham County 2. Public input sessions on preservation tools 3. Development of recommended preservation priorities and tools for the battlefields based on public input

E. Report on management issues 1. Cultural resources 2. Landscape / vegetation 3. Views 4. Access / tourism impacts

F. Preparation of the draft preservation plan by the steering committee

G. Preservation plan adoption and publication 1. Consideration of Draft Plan by Battlefields Foundation 2. Public hearing and consideration of the draft plan by the county planning commission 3. Board of supervisors public hearing and decision

This process offered numerous opportunities for the Steering Committee to influence the content of the plan as well as four opportunities for the general public to contribute and comment. An account of milestones in the planning process is outlined in the following table.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 1 - 5

Cross Keys and Port Republic Battlefields Preservation Plan

Milestones: Cross Keys and Port Republic Battlefields Preservation Plan

Date Participants Purpose and Outcomes 12/11/00 Battlefield To determine whether battlefield landowners and community groups landowners were interested in helping prepare a voluntary preservation plan. (150 invited)

6/15/01 ABPP ABPP awarded a grant to Rockingham County.

6/25/01 SVBF and To define roles and discuss terms of a cooperative agreement Rockingham between the principles and a RFP to hire a consultant. Staff

8/15/01 SVBF and SVBF and Rockingham jointly advertised a RFP for a consultant to Rockingham assist in the planning process.

9/15/01 SVBF and Three proposals were received and reviewed by SVBF and Rockingham Rockingham.

9/19 to Rockingham Two firms were interviewed. Sympoetica of Woodstock, Virginia, was 9/28/01 SVBF selected.

10/10/01 Coordinating A working group comprised of Rhonda Henderson (Senior County Committee Planner) John Hutchinson (SVBF), Howard Kittell (SVBF), and Phoebe Kilby (Sympoetica) met to discuss the history and goals of the project, collect maps and reports, refine the scope of work and schedule, and assign duties.

10/25/01 Steering The coordinating committee presented background information on the Committee Battlefields Foundation, the preservation planning process, and the project schedule. Historian John Heatwole made a presentation about the role of the battles in the larger Civil War and their political impact. The steering committee identified issues they thought important to address in the plan.

12/13/01 Steering The coordinating committee presented data on the history and Committee existing conditions on the battlefields. The steering committee discussed how existing zoning, the county comprehensive plan, and changes in the farm economy would affect the battlefields. Historian Kim Holien made a presentation about the battles’ important events, troop movements and engagements. Resource information was reviewed and augmented by the steering committee.

12/18/01 Coordinating The coordinating committee organized upcoming meetings of Committee stakeholders and the general public and assigned duties related to integrating the geographic information systems (GIS) of SVBF and Rockingham County. County GIS staff, William Vaughn, Rockingham County Planner, and James Wilson, who is under contract with SVBF to do GIS work, also attended.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 1 - 6

Cross Keys and Port Republic Battlefields Preservation Plan

Milestones: Cross Keys and Port Republic Battlefields Preservation Plan (continued)

Date Participants Purpose and Outcomes

1/15/02 Stakeholders Representatives of local and regional stakeholder groups were briefed on the battlefield planning process. About 20 organizations whose interests might be impacted by the plan were invited. The group discussed battlefield preservation, interpretation, and tourism. Participating organizations included the:

Harrisonburg Rockingham Chamber of Commerce; Harrisonburg Rockingham Convention and Visitors Bureau; Lee Jackson Foundation; Rockingham County Historical Society; Society of Port Republic Preservationists; Valley Conservation Council; and Virginia Outdoors Foundation.

1/24/02 Steering The coordinating committee offered a draft vision statement for the future Committee of the battlefields and draft goals for the planning process to the steering committee, based on the issues and comments raised by committee members to date. The steering committee broke into small groups and returned with amendments and additions to both the goals and vision statement.

2/7/02 Community The coordinating committee and members of the steering committee Input Forum presented an outline of the planning process and its findings to date to 30 plus members of the general public. General Public Citizens were asked to offer issues and ideas that should be addressed (150 invited) in the preservation plan and in subsequent interpretive and visitor services plans. Participants divided into four groups to develop ideas and vote on them. The goal was to obtain the top five most important ideas from each group, yielding a total of 20 top ideas from the four groups. Because of tie votes, 24 top ideas were generated.

4/11/02 Coordinating The coordinating committee discussed and made recommendations Committee regarding potential preservation tools and techniques for possible inclusion in the preservation tools report to the steering committee.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 1 - 7

Cross Keys and Port Republic Battlefields Preservation Plan

Milestones: Cross Keys and Port Republic Battlefields Preservation Plan (continued)

Date Participants Purpose and Outcomes

5/15/02 Steering The coordinating committee and other invited experts presented a Committee report on potential preservation tool and techniques to the steering committee for possible inclusion in the plan.

Phoebe Kilby (Sympoetica) described fee simple acquisition and agricultural and forestal districts Faye Cooper (Virginia Outdoors Foundation) discussed the use of conservation easements. Lisa Hawkins (attorney) addressed the tax implications of the donation of land and easements. Rhonda Henderson (county planner) discussed zoning and the comprehensive plan. Landscape architect Barry Carpenter (Sympoetica) discussed design consultation service and agricultural support programs.

6/18/02 Community The second Community Input Forum focused on the preservation tool Input Forum recommendations of the plan. Participants discussed the pros and cons of the following preservation practices. General Public Purchase / Donation of Land or Easements (150 invited) Agricultural and Forestal Districts Local Comprehensive Planning State and Federal Historic Registers Zoning Agricultural Support Programs Design Consultation

7/23/02 Coordinating The coordinating committee reviewed and discussed amendments to Committee the draft preservation priorities. The preservation value ranking system was applied to each parcel. Select preservation tools were then recommended on a parcel by parcel basis for key parcels. Other preservation tools were recommended for application throughout the entire battlefields area.

9/16/02 SVBF Board The Resource Protection Committee of the SVBF met and endorsed the draft plan to be submitted to the steering committee for final approval.

10/17/02 Steering The draft plan was offered for the steering committee’s consideration Committee and final approval. Members of the steering committee present endorsed the plan, with a few amendments, unanimously.

12/16/02 SVBF Board The SVBF Board met and endorsed the preservation plan recommended by the steering committee.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 1 - 8

Cross Keys and Port Republic Battlefields Preservation Plan

1.3 Battlefield Boundaries

Congress established the boundaries of the study and core areas of Cross Keys and Port Republic in the Shenandoah Valley Battlefields National Historic District and Commission Act of 1996. The act describes the boundaries of 10 Civil War battlefields and the eight-county Shenandoah Valley Battlefields National Historic District by reference to “the map entitled ‘Shenandoah Valley National Battlefields’ numbered SHVA/80,000 and dated April 1994.” At the direction of Congress,4 the National Park Service (NPS) mapped the study and core areas of the battlefield in its Study of Civil War Sites in the Shenandoah Valley of Virginia, published in 1992. Congress used this information to define the battlefields by law. As noted above, the Shenandoah Valley Battlefields National Historic District Commission was established pursuant to the act in 1997. The commission was specifically charged with creating a plan encompassing “an inventory which includes any property in the District which should be preserved, managed, maintained, or acquired because of its national historic significance.” In creating the management plan, the commission relied on the legislated map, SHVA/80,000 (April 1994), and the accompanying GIS database for such an inventory. Pages 4 and 6 of the legislated map show the boundaries of the core and study areas for the Cross Keys and Port Republic battlefields, respectively. The battlefield boundaries were reviewed again and confirmed by the commission with input from numerous eminent Civil War historians. Therefore with regard to the National Historic District, these maps represent the official boundaries of these battlefields. Copies may be found in the offices of the Shenandoah Valley Battlefields Foundation. Criteria the NPS used in defining the study and core areas for Congress are quoted below. The study area for each battlefield is that area which encompasses all of the battlefields

area features: staging areas, engagement areas, skirmish areas, holding action areas, bivouac areas, and troop reserve areas;

sites: command posts, signal stations, hospitals, event sites (e.g. place where a general was mortally wounded) observation posts, markers, and monuments;

movements: approaches to battlefield, retreats or withdrawals from battlefield, flanking movements, attack movements, and pursuit movements; and

Positions: picket lines, skirmish lines, battle lines, regroup positions, artillery positions, entrenched troop positions, and unentrenched troop positions.

4 P. L. 101-628 as amended.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 1 - 9

Cross Keys and Port Republic Battlefields Preservation Plan

The above features are included within a battlefield whenever they are involved in a hostile action with an opposing force or whenever they are involved in an action or reaction generated by an opposing force in immediate proximity to each other. The core area for each battlefield is that area which encompasses all the critical phases defined for the battle. Battles have been divided into phases reflecting the progress of the battle. Phases cover the convergence and deployment of opposing forces, the development and execution of the battle, and the disengagement and withdrawal of these forces. The core area of the battlefield encompasses those phases that had tactical importance to the battle, constituted the most intense fighting during the battle, or involved decisive moments or turning points of the battle.5 Historians Bill Bedall, John Heatwole, and Kim Holien assisted the Steering Committee in further defining the places within the core areas of the battlefields that witnessed the major battle lines and the heaviest fighting. They outlined this “field of fire” area as the area most important to preserve and to provide access to the public for interpretation. Table 1.1 provides the acreage for the study, core, and field of fire areas of each battlefield. Figure 1.2 and 1.3 show the study, core and field of fire areas for each battlefield.

Table 1.1: Acres in the Study, Core, and Field of Fire Areas Study Core Field of Battlefield Area Area Fire Cross Keys 5,450 2,153 1,700 Port Republic 4,936 2,145 430 Total NA* 4,298 2,130

Note: The study areas of the two cannot be totaled because they overlap.

5 National Park Service Interagency Resources Division (NPS). 1992. Study of Civil War Sites in the Shenandoah Valley of Virginia: Pursuant to Public Law 101-628, Appendix C: GIS Map Database. Page 175.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 1 - 10

Cross Keys and Port Republic Battlefields Preservation Plan

Figure 1.2 Cross Keys Battlefield Study, Core, and Field of Fire Areas

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 1 - 11

Cross Keys and Port Republic Battlefields Preservation Plan

Figure 1.3 Port Republic Battlefield Study, Core, and Field of Fire Areas

Shenandoah National Park

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 1 - 12

Cross Keys and Port Republic Battlefields Preservation Plan

1.4 Principles for Planning and Preservation

The Battlefields Foundation invited Rockingham County and the members of the Steering Committee to partner in the development of this plan based on four preservation principles. These principles were legislated in the Shenandoah Valley Battlefields National Historic District and Commission Act and form the basis of the management plan for the National Historic District. They embrace an approach to preservation that respects the people who live on the battlefields, the land, and its historic character. 6

Cross Keys and Port Republic, together with other Civil War battlefields in the Shenandoah Valley, possess national significance and retain a high degree of historical integrity.

The preservation and interpretation of Cross Keys and Port Republic will make a vital contribution to the understanding of the heritage of the United States.

The preservation of Cross Keys and Port Republic requires cooperation among local property owners, the Battlefields Foundation and other organizations, and federal, state and local government agencies.

Partnerships between the federal, state, and local governments, and the private sector offer the most effective opportunities for the long-term protection and enhancement of Cross Keys and Port Republic and related lands.

Because the battlefields are a nationally significant resource, this plan follows the Secretary of the Interior’s principles and standards regarding the evaluation and treatment of historic properties.7

1.5 Issues and Ideas to be Addressed by the Plan as Identified by the Public

At the first open public input forum on 7 February 2002, citizens of the area offered the following list of issues and ideas that should be addressed in the preservation plan and in any subsequent interpretive and visitor services plans. The meeting was held at the Port Republic United Methodist Church, and about 31 people from the community attended. Those attending were divided into four groups to develop ideas and vote on them. The goal was to obtain the top five most important ideas from each group, yielding a total of twenty top ideas from the four groups. Because of tie votes, twenty-four top ideas were generated and are listed below. The order of these twenty-four ideas does not reflect a priority ranking. These ideas were deemed most important by citizens attending the 7 February meeting and do not reflect a comprehensive list of all ideas considered in preparing this plan.

6 Shenandoah Valley Battlefields National Historic District Commission. 2000. Shenandoah Valley Battlefields National Historic District Management Plan. Page 3. 7 These standards are set forth in The Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for the Treatment of Cultural Landscapes (NPS, Washington, DC, 1996) and The Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings (NPS, Washington D.C., 1992).

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 1 - 13

Cross Keys and Port Republic Battlefields Preservation Plan

Preservation • Purchase development rights from landowners on the battlefields. • Do not allow fast food restaurants, gas/convenience stores, and chain stores in the battlefields area. • A first step in the process can be establishing ag districts. • Find creative ways to compensate landowners (e.g., incentives) for battlefield land preservation. • Preserve and expand the right to farm and all kinds of farming. • Retain the character of historic roads; they are an important part of the battlefields. • Creatively discourage new development. • Encourage local support for preservation; make it worth their while not to sell for development. • Focus road improvements outside historic areas. • Provide a workshop for landowners on preservation tools. • Limit infrastructure improvements to preserve rural character. • Rockingham County needs to manage tourist-related commercial development in rural areas. • Reward long-term land stewards – stay ahead of developers. • Limit development and preserve significant buildings and sites.

Interpretation / Education / Information • Consider establishing a museum for education and interpretation and the display of artifacts. • Educate the public about the role of agriculture during the Civil War and in preserving the battlefields. • Interpret the stories of the local culture at the time of the Civil War. • Expand the Kemper House (Turner Ashby) Museum. • Sponsor special events like re-enactments. • Increase public awareness of the battlefields, e.g. through a newsletter • Provide a driving tour brochure and map.

Visitor Services / Issues • Need to address traffic control in the area and within the communities. Need to listen to the communities regarding this issue. • Balance visitor access with landowner privacy. • Tourism needs to respect agricultural industry needs and private property rights.

1.6 Vision Statement and Goals for the Preservation Plan

This preservation plan is a unique community-planning document that sets out future actions that should be taken to preserve the past while recognizing the needs of present residents. It articulates a vision of the future and goals to work toward. The vision statement below expresses the Rockingham community’s vision for the future of Cross Keys and Port Republic battlefields based on input from the general public and from the Steering Committee.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 1 - 14

Cross Keys and Port Republic Battlefields Preservation Plan

Vision Statement

The Cross Keys and Port Republic battlefields are a thriving agricultural area. Historic events that occurred there during the Civil War and the heritage of that era are honored by landowners, visitors, and government.

Goals for the Cross Keys and Port Republic Battlefields Preservation Plan

The plan will:

• be based on sound historical research; • define battlefields as not only land, but also associated contributing historic features including buildings, structures, roads, landscape elements, and archeological sites; • be developed with wide public participation; • identify key areas of the battlefields for protection based on their historic significance, how well they now reflect conditions during the Civil War, and their potential to be developed or changed; • recommend actions that preserve the battlefields and land viewed from the battlefields; • present many alternative preservation methods; • include management and maintenance policies for land purchased for protection; • include policies to prevent trespass on private land and to ensure visitors to the battlefields are respectful of residents and their property; • provide an action plan to implement planning recommendations.

The plan’s approaches to preservation will include:

• creation of a local battlefield group to help implement the action plan; • encouragement of landowner cooperation in all preservation efforts by emphasizing incentives over regulation – “the carrot rather than the stick;” • educational materials to inform landowners of preservation opportunities, options, and impacts; • support of farming and compatible agricultural use of battlefield land; • identification of enough land for purchase to allow visitors opportunities to walk on the battlefields; and • recommendations regarding a range of preservation options such as the purchase of land or easements from willing sellers and other voluntary measures.

The vision statement and goals were used to guide the preparation of this preservation plan.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 1 - 15

Cross Keys and Port Republic Battlefields Preservation Plan

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 1 - 16

Cross Keys and Port Republic Battlefields Preservation Plan

2.0 History of the Battles of Cross Keys and Port Republic

Understanding of the historical events of the battles and the significance of those events for the nation and the region during the Civil War period is key to the development of a Civil War battlefield preservation plan. The following description of the battles of Cross Keys and Port Republic were adapted from accounts prepared by the National Park Service (NPS) in 1992.8

2.1 Introduction

The battles of Cross Keys and Port Republic were the decisive victories of Major General Thomas J. “Stonewall” Jackson’s 1862 Valley Campaign. At Cross Keys, one of Jackson’s divisions beat back the army of Major General John C. Fremont approaching Harrisonburg, while elements of a second division held back the vanguard of Brigadier General James Shields’ division advancing toward Port Republic on the Luray Road.

Thomas J. “Stonewall” Jackson John C. Fremont

During the night of 8 to 9 June, Jackson withdrew from in front of Fremont and at dawn attacked two of Shields’ four brigades (commanded by Brigadier General E. B. Tyler), precipitating the battle of Port Republic. Fremont reached the vicinity too late to aid Tyler, who was badly beaten. With the retreat of both Federal armies, Jackson was freed to join the Confederate army commanded by General Robert E. Lee in the Seven Days’ Battles against McClellan’s army before Richmond.

2.2 The Battle of Cross Keys – 8 June 1862

Prelude: The hamlet of Port Republic lies on a neck of land between the North and South rivers at the point where they conjoin. On 6 to 7 June 1862, the army of Major General Thomas J. “Stonewall” Jackson, numbering about 16,000, bivouacked north of Port Republic, Ewell’s division along the banks of Mill Creek near Goods Mill, and Winder’s division on the north bank of North River near the bridge. One regiment (15th Alabama) was left to block the roads at Union Church. Jackson’s headquarters were in Madison Hall, the home of Dr. Kemper, at Port Republic. The army trains were parked nearby.

Two Federal columns converged on Jackson’s position. The army of Major General John C. Fremont, about 15,000 strong, moved south on the Valley Pike and reached the vicinity of Harrisonburg on 6 June. The division of General Shields, about 10,000 strong, advanced south from Front Royal in the Luray (Page) Valley, but was badly strung out

8 Lowe, David W. 1992. Study of Civil War Sites of the Shenandoah Valley of Virginia. Washington, D.C.: National Park Service, September.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 2 - 1

Cross Keys and Port Republic Battlefields Preservation Plan

because of the muddy Luray Road. At Port Republic, Jackson possessed the last intact bridge on the North River and the fords on the South River by which Fremont and Shields could unite. Jackson determined to check Fremont’s advance at Mill Creek, while meeting Shields on the east bank of the North Fork. A Confederate signal station on Massanutten monitored Federal progress.

Phase One. Skirmishing at Cross Keys Tavern: Late in the day on 7 June, Fremont’s advance guard encountered Jackson’s pickets near Cross Keys Tavern. A few shots were fired and the Federal cavalry fell back onto their main body, which was approaching. Darkness prevented further developments.

Phase Two. Surprise Raid on Port Republic: Colonel Samuel Carroll at the head of a regiment of cavalry, supported by a battery and a brigade of infantry, was sent ahead by Shields to secure the North River Bridge at Port Republic. Shortly after dawn (8 June), Carroll scattered the Confederate pickets, forded the South River, and dashed into Port Republic. Jackson and his staff raced down the main street from headquarters and across the bridge, narrowly eluding capture (two members of his staff were captured).

Carroll deployed one gun aimed at the bridge and brought up another. Jackson directed the defense, ordering Poague’s battery to unlimber on the north bank. Carrington brought up a gun from the vicinity of Madison Hall to rake the Main Street. The 37th Virginia Infantry charged across the bridge to drive the Federal cavalry out of the town. Carroll retreated in confusion, losing his two guns, before his infantry could come within range.

Three Confederate batteries unlimbered on the bluffs east of Port Republic on the north bank of the South Fork and fired on the retreating Federals. Carroll retired several miles north on the Luray Road. Jackson stationed Taliaferro’s brigade in Port Republic and positioned the Stonewall Brigade near Bogota with the artillery to prevent any further surprises.

Figure 2.1 Edwin Forbes Sketch from Union Line at Opening of the Battle of Cross Keys9 Phase Three. Federal Deployment:

Meanwhile, Fremont, with Cluseret’s brigade in the lead, renewed his advance from the vicinity of Harrisonburg. After driving away the Confederate skirmishers, Cluseret reached and deployed his right flank along the Keezletown Road near Union Church. One by one, the Federal brigades came into line: Schenck on Cluseret’s right, Milroy on his left, and Stahel on the far left, his left flank near

9 Woodhead, Henry, Paul Mathless, Kirk Denkler, Harris J. Andrews, and Philip B. George, editors. 1997. Shenandoah 1862. Alexandria, Virginia: Time-Life Books. Cited hereafter as Woodhead.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 2 - 2

Cross Keys and Port Republic Battlefields Preservation Plan

Figure 2.2 Cross Keys Battle Events

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 2 - 3

Cross Keys and Port Republic Battlefields Preservation Plan

Congers Creek. Bohlen’s and Koltes’ brigades were held in reserve near the center of the line. A regiment of Federal cavalry moved south on the road to secure the right flank. Batteries were brought to the front.

Phase Four. Confederate Deployment: General Richard Ewell deployed his infantry division (Confederate) behind Mill Creek, Trimble’s brigade on the right across the Port Republic Road, Elzey’s in the center along the high bluffs. Ewell concentrated his artillery (four batteries) at the center of the line. As Federal troops deployed along Keezletown Road, Trimble advanced his brigade a quarter of a mile to Victory Hill and deployed Courtenay’s (Latimer’s) battery on a hill to his left supported by the 21st North Carolina Regiment. The 15th Alabama, which had been skirmishing near Union Church, rejoined the brigade. Trimble held his regiments out of sight behind the crest of the hill.

Phase Five. Federal Attack and Repulse: Fremont determined to advance his battle line with the evident intention of developing the Confederate position, assumed to be behind Mill Creek. This maneuver required an elaborate right wheel. Stahel’s brigade on the far left had the farthest distance to cover and advanced first. Milroy moved forward on Stahel’s right and rear. Federal batteries were advanced with infantry lines south of Keezletown Road and engaged Confederate batteries. Stahel appeared oblivious to Trimble’s advanced position. His battle line passed down into the valley, crossed the run, and began climbing Victory Hill. At a distance of “sixty paces,” Trimble’s infantry stood up and delivered a devastating volley. Stahel’s brigade recoiled in confusion with heavy casualties. The Union brigade regrouped on the height opposite Victory Hill but made no effort to renew their assault.

Phase Six. Trimble’s Flanking Attacks: Stahel did not renew his attack but brought up Buell’s battery to support his position. Trimble moved the 15th Alabama by the right flank and up a ravine to get on the battery’s left. In the meantime, Ewell sent two regiments (13th Virginia and 25th Virginia) along the ridge to Trimble’s right, attracting a severe fire from the Federal battery. With a shout, the 15th Alabama emerged from their ravine and began to climb the hill toward the battery, precipitating a melee. Trimble advanced his other two regiments (16th Mississippi on left and 21st Georgia on right) from their position on Victory Hill, forcing back the Federal line. The Federal battery limbered hastily and withdrew, saving its guns. A Federal regiment counter-attacked briefly striking the left flank of the 16th Mississippi but was forced back in desperate fighting.

Phase Seven. Federal Withdrawal to Keezletown Road: Trimble continued advancing up the ravine on the Confederate right, outflanking successive Federal positions. In the meantime, Milroy advanced on Stahel’s right supported by artillery. Milroy’s line came within rifle-musket range of the Confederate center behind Mill Creek and opened fire. Federal batteries continued to engage Confederate batteries in an artillery duel. Bohlen advanced on the far Federal left to stiffen Stahel’s crumbling defense. Milroy’s left flank was endangered by Stahel’s retreat, and Fremont ordered him to withdraw. Jackson brought Taylor’s brigade forward to support Ewell if needed, but Taylor remained in reserve on the Port Republic Road near the Dunker Church.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 2 - 4

Cross Keys and Port Republic Battlefields Preservation Plan

Phase Eight. Federal Attacks on the Right: Seemingly paralyzed by the decimation of Stahel’s brigade on his left, Fremont was unable to mount a coordinated attack. He ordered Schenck’s brigade forward to find the Confederate left flank south of Union Church. Ewell reinforced his left with elements of Elzey’s brigade. Severe firing erupted along the line but quickly died down. Confederate brigadiers Elzey and Steuart were wounded in this exchange. Fremont withdrew his force to Keezletown Road, placing his artillery on the heights to his rear (Oak Ridge). Artillery firing continued. At dusk, Trimble pushed his battle line forward to within a quarter mile of the Federal position, anticipating a night assault. Confederate accounts describe the Federal soldiers going into camp, lighting fires and making coffee. Ewell ordered Trimble to withdraw without making the attack.

2.3 The Battle of Port Republic – 9 June 1862

Phase One. Dispositions of the Armies: During the night of 8 to 9 June 1862, Winder’s “Stonewall” Brigade was withdrawn from its forward position near Bogota and rejoined Jackson’s division at Port Republic. Confederate pioneers built a bridge of wagons across the South River at Port Republic. Winder’s brigade was assigned the task of spearheading the assault against Federal forces south of the river. Trimble’s brigade and elements of Patton’s were left to delay Fremont’s forces at Cross Keys, while the rest of Ewell’s division marched to Port Republic to be in position to support Winder’s attack.

Phase Two. Federal Deployment: Brigadier General E. B. Tyler’s brigade joined Colonel Samuel Carroll’s brigade north of Lewiston on the Luray Road. The rest of Shields’s division was strung out along the muddy roads back to Luray. General Tyler, in command on the field, advanced at dawn of 9 June to the vicinity of Lewiston. He anchored the left of his line on a battery positioned on the Lewiston Coaling, extending his infantry west along Lewiston Lane (present-day state route 708) to the South Fork near the site of Lewis’ Mill. The right and center were supported by artillery (16 guns in all).

Phase Three. Confederate Advance on the Left and Center: Winder’s brigade crossed the river by 0500 hours and deployed to attack east across the bottomland. Winder sent two regiments (2nd Virginia and 4th Virginia) into the woods to flank the Federal line and assault the Coaling. When the main Confederate battle line advanced, it came under heavy fire from the Federal artillery and was soon pinned down. Confederate batteries were brought forward onto the plain but were outgunned and forced to seek safer positions. Ewell’s brigades were hurried forward to cross the river. Seeing the strength of the Federal artillery at the Coaling, Jackson sent Taylor’s brigade to the right into the woods to support the flanking column that was attempting to advance through the thick underbrush.

Phase Four. Federal Counterattack: Winder’s brigade renewed its assault on the Federal right and center, taking heavy casualties. General Tyler moved two regiments from the Coaling to his right and launched a counterattack, driving Confederate forces back nearly

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 2 - 5

Cross Keys and Port Republic Battlefields Preservation Plan

half a mile. While this was occurring, the first Confederate regiments probed the defenses of the Coaling but were repulsed.

Phase Five. Fighting at the Coaling: Finding resistance more fierce than anticipated, Jackson ordered the last of Ewell’s forces still north of Port Republic to cross the rivers and burn the North Fork bridge. These reinforcements began to reach Winder, strengthening his line and stopping the Federal counterattack. Taylor’s brigade reached a position in the woods across from the Coaling and launched a fierce attack, which carried the hill, capturing five guns. Tyler immediately responded with a counterattack, using his reserves. These regiments, in hand-to-hand fighting, retook the position. Taylor shifted a regiment to the far right to outflank the Federal battle line. The Confederate attack again surged forward to capture the Coaling. Five captured guns were turned against the rest of the Union line. With the loss of the Coaling, the Union position along Lewiston Lane became untenable, and Tyler ordered a withdrawal about 1030 hours. Jackson ordered a general advance.

Phase Six. Tyler’s Retreat/Fremont’s Advance: Taliaferro’s fresh Confederate brigade arrived from Port Republic and pressed the retreating Federals for several miles north along the Luray Road, taking several hundred prisoners. The Confederate army was left in possession of the field. Shortly after noon, Fremont’s army began to deploy on the north bank of the South Fork, too late to aid Tyler’s defeated command. Fremont deployed artillery on the high bluffs to harass the Confederate forces. Jackson gradually withdrew along a narrow road through the woods and concentrated his army in the vicinity of Mount Vernon Furnace. Jackson expected Fremont to cross the river and attack him on the following day, but during the night Fremont withdrew toward Harrisonburg.

Figure 2.3 Ambrotype of a Young Girl Found Between Two Bodies – One a Union Soldier, the Other a Confederate – on the Battlefield of Port Republic10

10 Woodhead.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 2 - 6

Cross Keys and Port Republic Battlefields Preservation Plan

Figure 2.4 Port Republic Battle Events

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 2 - 7

Cross Keys and Port Republic Battlefields Preservation Plan

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 2 - 8

Cross Keys and Port Republic Battlefields Preservation Plan

3.0 Existing Conditions of the Battlefields and Environs in 2002

3.1 Historic Resources Remaining on the Battlefields

Survey records of the Department of Historic Resources (DHR) were used to develop a list of historic resources within and adjacent to the study areas of the two battlefields. Resources that existed during the battles in 1862 that are still present, houses, farms, churches, stores, mills, and cemeteries, were identified. These resources enhance the historic significance of their individual sites and contribute to the overall historic character of the battlefields. Other historic resources that date from after the war were also identified. If properties are listed on the National Register of Historic Places or have been deemed eligible for listing, that status is also noted. Table 3.1 lists all surveyed historic resources of the battlefields. The resources are mapped by number in Figures 3.1 and 3.2.

Table 3.1 Historic Resources of Cross Keys and Port Republic Battlefields Date Map DHR File Built or National # Number Resource Name Established Register Battlefield 1 082-0366 Benjamin Armentrout Farm Late 1800s CK 2 082-0029 Bogota 1845 Eligible CK/PR 3 082-006 Boxwood Gardens (house) 1820 CK/PR 4 082-0462 Calhoon Farm 1890s CK/PR 5 082-0505 Cemetery at Flory House 1818 CK 6 082-0370 Cline House 1940 CK 7 082-0362 Cross Keys Cemetery 1799) CK 8 082-0376 Cross Keys Battlefield 1862 CK 9 082-0376 Cross Keys Monument 1920s CK 10 082-0030 Cross Keys Tavern (demolished) 1800 CK 11 082-0407 Earlie Farm 1880 CK 12 082-0409 Flory House (Lawrence Good) 1920 CK 13 082-5204 German Reformed Church Parsonage 1790 Eligible CK 14 082-0463 Good’s Mill Site 1870s CK/PR 15 082-0465 Good’s Mill Store (burned) 1880s CK 16 082-0464 Good’s Mill Warehouse 1900 CK/PR 17 082-0325 Grace Episcopal Church 1884 PR 18 082-0411 Joseph Greer House 1840-1859 CK/PR 19 082-5099 H.B. Harnesberger House 1840-1855 PR 20 082-0501 C. P. Harshberger Farm (Cecil Arey 1880s CK/PR Farm) 21 082-5098 David Pence Farm (Hollow Brook 1856 CK Farm) 22 082-0391 Hooke Family Cemetery 1858-1918 CK/PR 23 082-5096 House, 4090 Cross Keys Road 1840-1855 CK 24 082-404 Hudlow House (Jarrel’s Log House) Antebellum CK/PR 25 082-0367 Hulvey Service Station (demolished) 1921 CK

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 3 - 1

Cross Keys and Port Republic Battlefields Preservation Plan

Table 3.1 Historic Resources of Cross Keys and Port Republic Battlefields (cont’d) Date Map DHR File Built or National # Number Resource Name Established Register Battlefield 26 082-0417 M. O. Hulvey House 1940 CK 27 082-0363 Johnson-Tyler Farm (J. O. Stickley) 1880s CK 28 082-0390 Kaylor Farm 1920 PR 29 082-0496 Knox Crutchfield Mill Site and 1910 PR Warehouse 30 082-0369 Kublinger House (Van Lear/Knicely 1836 CK Farm) 31 082-5075 Kyles Mill House and Farm 1742 Listed CK 32 082-0326 Jacob Kyger House 1770-1785 CK/PR 33 082-0498 Log House at Lynnwood Antebellum PR 34 082-0413 Long’s Hill Service Station 1890 CK/PR 35 082-0015 Lynnwood 1812-1818 PR 36 082-0131 Lynnwood Bridge Post 1862 CK/PR 37 082-0497 Lynnwood Post Office 1940 PR 38 082-0328 Mapleton (house) 1886 PR 39 082-0415 Messick/Rittle Farm (Winston Liskey) 1830-1845 CK 40 082-0365 Meyerhoffer House 1900-1930 CK 41 082-0500 Mill Creek Church 1921 CK/PR 42 082-0129 Mill Creek Truss Bridge (demolished) Post 1862 CK 43 082-0416 W.J Miller House Late 1800s CK 44 082-0502 Null Farm (Whitmere Chabo House) 1840-1855 PR 45 082-0364 Onawan Post Office 1830-1870 CK 46 082-0503 Pirkey Family Cemetery 1855 CK 47 082-5199 (Port Republic) Riverside Cemetery Est. 1793 CK/PR 48 082-0123 Port Republic Historic District Antebellum Listed CK/PR 49 082-0506 Port Republic Battlefield 1862 PR 50 082-0506 Port Republic Monument 1920s PR 51 082-0499 Port Republic School 1960 PR 52 082-0371 W. A. Showalter Farm (Gentle Giant 1880 CK Farm) 53 082-0101 Smith House 1820-1835 Eligible CK/PR 54 082-0408 J. Smith House Mid 1800s c CK 55 082-0053 Stickley House (Meadowview Farm) 1870 CK 56 082-0010 University Farm (Hooke House) 1820-1835 CK/PR 57 082-0374 Victory Hill School 1903 CK 58 082-0410 Luther Webb House 1880s CK 59 082-0368 Dr. J. B Webb Farm 1840-1855 CK 60 082-0414 Simon Whitesel Farm (G.R. Morris 1850s CK Farm) 61 082-0375 Widow Pence (Isaac Rodeffer) Farm 1840 CK 62 082-0372 William Van Lear Farm 1870s CK 63 082-0493 Benjamin Yount House/Barn (Vern 1800-1815 CK/PR Michaels)

Note: Resources that were present in 1862 are shown in italics. Source: Records of the Virginia Department of Historic Resources

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 3 - 2

Cross Keys and Port Republic Battlefields Preservation Plan

Figure 3.1 Cross Keys Historic Resources

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 3 - 3

Cross Keys and Port Republic Battlefields Preservation Plan

Figure 3.2 Port Republic Historic Resources

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 3 - 4

Cross Keys and Port Republic Battlefields Preservation Plan

The records of the DHR do not include all the historic resources on the battlefields. The DHR also lists some resources that have been demolished or destroyed. Steering Committee members identified sites that are no longer present. These have been noted as either demolished or burned in Table 3.1. The Steering Committee and local historians also identified resources not on the DHR list as shown in Table 3.2. Further study and planning will be needed to ensure that all of the historic and archeological resources at Cross Keys and Port Republic are adequately documented and made available for public interpretation.

Table 3.2: Additional Battlefield Historic Resources Map # Resource Name Battlefield 64 Union Church Cross Keys 65 Polly Haugh House Cross Keys 66 Kiblinger Store Cross Keys 67 North River Bridge site Port Republic 68 Harrison Bateman Barn Port Republic 69 Madison Hall site Port Republic 70 Lewis/Fletcher Cemetery (at Lynwood) Port Republic

Source: Steering Committee Members and John Heatwole

Some observations and interesting stories about structures and sites at Cross Keys and Port Republic and the roles they played in the battles follow. This information is from a variety of sources including Steering Committee members and previous histories of the battlefields and their components.

Cross Keys Battlefield

Cross Keys Tavern: Also known as the Rodham Kemper Store, the former tavern, until recently, was one of the few wood frame Federal-style buildings in the area. Dating from about 1800, it has been a tavern, post office, and store. The building got its name from the tavern sign that originally hung above its entrance. This name lent itself to the community that grew around the tavern. By 1804, a post office was established there, under postmaster J. Hancock. From 1823 to 1845, it was the residence and general store of Rodham Kemper. In June 1862, it served as a hospital during the Battle of Cross Keys.11 It was demolished in 2002.

11 E. H. T. Traceries, Inc. 2001. Historic Architectural Survey of Rockingham County. Harrisonburg, Virginia: Rockingham County. Cited hereafter as Traceries.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 3 - 5

Cross Keys and Port Republic Battlefields Preservation Plan

Cross Keys Cemetery: Local lore points to one stone having been hit by an artillery shell. Five soldiers from the 1st Maryland Infantry, C.S.A., are still buried in this cemetery. They were killed or died of wounds received at Chestnut Ridge near Harrisonburg on 6 June 1862.12 The Union Church across the road was the replacement for the church that was destroyed in the Battle of Cross Keys. The federal government paid for its replacement.13

Doctor J.B. Webb House: This house was used as a hospital after the battle. 14

Widow Pence Farm: Sarah Kiblinger Pence was born around 1802. Her husband, Samuel Pence, died around 1841. Thus Sarah Pence was a widow and approximately 60 years old at the time of the Battle of Cross Keys. The battle raged around her house and by the time the armies retreated, it had been emptied of all its contents. Left destitute, the widow had to leave her house and live thereafter with friends and relatives.15

Pirkey Family Cemetery: Some stones were in place at the time of the battle. 16

German Reformed Church Parsonage: Dating from the latter part of the 1700s, the building was enlarged in the middle of the 1800s to a hall/parlor plan. Confederate soldiers of the 6th Virginia Cavalry occupied the property during the Battle of Cross Keys.17

12 Heatwole, John. 2002. Personal communication with the authors. Harrisonburg, Virginia. Cited hereafter as Heatwole. 13 Stickley, Daniel. 2002. Personal communication with the authors. Cross Keys, Virginia. Cited hereafter as Stickley. 14 Heatwole. 15 Pence, Wayne, 2002. Personal communication with the authors. Mt. Sidney, Virginia. Cited hereafter as Pence. Also, Robert K. Krick, 1996. Conquering the Valley – Stonewall Jackson at Port Republic. 16 Heatwole. 17 Traceries.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 3 - 6

Cross Keys and Port Republic Battlefields Preservation Plan

Polly Haugh House: Tradition has it that Mrs. Haugh and her children were in the cellar during the Battle of Cross Keys.18 Others say that Mrs. Haugh and her daughter-in-law and grandson were in the house at the time. 19At least one cannonball struck the house, which was in the thick of Trimble’s ambush of Stahl on Victory Hill.20

Port Republic Battlefield

Port Republic Village. Port Republic Village was the site of a Federal invasion and skirmish on June 8, during which General Jackson barely escaped. This Historic District includes 12 structures that predate 1885, 17 additional structures that predate World War I, two antebellum cemeteries (including Riverside Cemetery listed in Table 3.1 and the Central Graveyard or Union Church Graveyard) and other antebellum features and sites.21

Captain Henry B. Harnesberger House: Known as “Cherry Grove,” this house served as Jackson’s headquarters the night before the Battle of Port Republic (8 June 1862). Jackson prayed in the garden. In 1862, Cherry Grove was still the home of Henry B.’s father, Stephen Harnesberger, who had two other sons in Confederate service. Captain Henry B. Harnesberger was the commander of the senior reserve cavalry company of Rockingham County and was wounded at the Battle of Piedmont on 5 June 1864.22

Frank Kemper House: Located in the village of Port Republic Historic District, this Federal-style house was built in the 1830s for Benjamin Franklin Kemper. It is often referred to as the Turner Ashby House, for here the body of the Confederate General was brought after he died in the Battle of Harrisonburg on 6 June 1862, just two days before the Battle of Cross Keys.23

18 Heatwole. 19 Pence. 20 Stickley. 21 Anita Cummings. Personal commuication with Ms. Cummings, Port Republic, Virginia. Cited hearafter as Cummings. 22 Heatwole and Cummings. 23 Heatwole and Cummings.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 3 - 7

Cross Keys and Port Republic Battlefields Preservation Plan

Lynwood: This was the home of the Fletcher family at time of the battle. It was located inside the Union lines and was used as a headquarters. The Lewis and Fletcher Cemetery nearby was already a burial ground in 1862.24

Bogota: The Strayer sisters lived here at the time of the battle. Union soldiers looted the house on the afternoon of 9 June 1862. General Fremont set up his artillery on the high ground near the house. 25 Bogota is a high-style brick example of Greek Revival architecture. The property includes eleven associated outbuildings, including a family cemetery, 1756 tenant house, wash house, smoke house, barn, and two slave quarters. The property is still owned by the family that built the house in 1845.26

Smith House: This is a beautiful stone house located very close to Port Republic Road between the two battlefields. A Union soldier died here on the march from one battlefield to the other on 9 June 1862. He was buried at the edge of the garden by the road. The barn was burned on 30 September 1864, by members of the First US Cavalry. Mules were still inside when the structure was destroyed. 27

Harrison Bateman Barn: Confederates placed hay from this barn inside the North River covered bridge and ignited it to destroy the structure on the morning of 9 June 1862. This prevented Fremont from crossing the river to assist Shields against Jackson in the Battle of Port Republic. 28 The barn still exists, but in a ruined state.

24 Heatwole. 25 Heatwole. 26 E.H.T. Traceries, Inc. 2001. Historic Architectural Survey of Rockingham County. Harrisonburg, Virginia: Rockingham County. Cited hereafter as Traceries. 27 Heatwole. 28 Heatwole.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 3 - 8

Cross Keys and Port Republic Battlefields Preservation Plan

Jacob Kyger House and Barn: Present in 1862, the property’s most interesting history occurred in 1864. It was said that the barn was not burned by Union cavalry on 30 September 1864 (the same date that the nearby Smith barn was burned), because Kyger was a Union sympathizer. Another story holds that Kyger told the soldiers where he had buried a barrel of brandy and that was why the barn was spared.29

Madison Hall: This is the site of the home of George Whitfield Kemper, Sr., and was Jackson’s headquarters from 7 to 8 June 1862. Originally the home of John Madison, the house was razed in 1906, though the current house was built with lumber salvaged from the original building. Madison Hall is located in the west end of the village of Port Republic.30

Jackson’s Rest: Located near Mount Meridian just over the line in Augusta County, this house was used as Jackson’s headquarters from 11 to 17 June. Local lore identifies a tree in the vicinity, pictured to the left, as Jackson’s Prayer Tree.31

29 Heatwole. 30 Cummings. 31 Heatwole and Lowe.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 3 - 9

Cross Keys and Port Republic Battlefields Preservation Plan

3.2 Current Use of Land on the Battlefields

Many changes have taken place in the lands over which the two battles raged since 1862. New roads and homes have been built. Other roads have been realigned, widened, or closed to the public. While major urbanization has yet to reach the battlefields, large subdivisions have extended east from Harrisonburg to the edge of Cross Keys battlefield. Port Republic battlefield remains more isolated from development. Note that land uses on these battlefields were quantified by the National Park Service in its 1992 Study of Civil War Sites in the Shenandoah Valley of Virginia, when each battlefield exhibited 93% of its study area in farm or forest land use.32 It is estimated that in 2002 over 90% of the land in both battlefield study areas remains in farm or forest land uses as shown in GIS maps prepared by Rockingham County and presented in Figures 3.3 and 3.4.

Most of the core battlefield land at Cross Keys is currently farmed. Hay and pasture land predominates although there are five poultry houses on the battlefield. Other uses include:

• scattered individual houses and mobile homes; • small subdivisions or clusters of residential lots, • churches, and • isolated commercial uses, including a bus repair garage.

The core area of the Port Republic battlefield is also predominately agricultural in use. The flat floodplains of the Shenandoah River offer rich soils that support extensive cropland in addition to the hay and pasture land. There are three poultry houses on this battlefield. Non-agricultural uses at Port Republic include:

• scattered mobile homes and individual houses; • small residential subdivisions, • churches, • isolated commercial uses; and • the village of Port Republic, a key feature of this battlefield.

32 Lowe. (Note that in 1992 the NPS used aerial photography, geospatial data, and geographic information systems to quantify land uses on the battlefields. This land use information was not updated for this plan for two reasons: 1) no new geospatial data was available at the time of writing from which to create new estimates, and 2) it was the general sense of those familiar with the area that land uses had not changed significantly enough to warrant an expensive and time-consuming re-analysis.)

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 3 - 10

Cross Keys and Port Republic Battlefields Preservation Plan

Figure 3.3 Cross Keys Existing Land Use

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 3 - 11

Cross Keys and Port Republic Battlefields Preservation Plan

Figure 3.4 Port Republic Existing Land Use

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 3 - 12

Cross Keys and Port Republic Battlefields Preservation Plan

3.3 Zoning and Subdivision Controls

The Rockingham County Zoning Ordinance regulates the development of land within the county by setting out a map of zoning districts and defining what uses are permitted within those areas. The subdivision ordinance defines how land may be subdivided. The development potential of land within the battlefields is therefore greatly affected by these two ordinances.

Most of the Cross Keys battlefield is zoned General Agriculture (A-2). A small area of the battlefield along Port Republic Road is zoned Prime Agriculture (A-1), and there are two small areas of several lots each that are zoned Low Density Residential (R-1). Finally, there are three small lots in Port Republic and two small lots on Route 340 zoned General Business (B-1).

The Port Republic battlefield on the other hand is mostly zoned A-1 with some significant areas of A-2. There are a few small areas zoned R-1, Rural Service District (RS-1), Residential or Recreational District (RR-1), and B-1.

An outline of the salient development regulations of the zoning and subdivision ordinances that affect these zoning districts follows. This is not a comprehensive description of all the regulations. The reader is referred to the ordinances for a more complete understanding of the requirements.

Prime Agriculture (A-1) • Purpose: to protect and stabilize agriculture • Permitted uses: agriculture, animal husbandry, silviculture, orchards, nurseries, private greenhouses, intensive poultry and hog operations, single family dwellings on old lots (created prior to 1/1/92) of less 6 acres, farm dwellings on new lots of 15 or more acres • Special permit uses: a variety of institutional, utility, and low intensity business uses plus agricultural accessory uses (e.g., farm equipment repair, retail greenhouse, farm product processing, sawmill, fruit packing plant, custom slaughter house, custom feed mill), single family dwellings not listed as permitted uses • Minimum lot size: one acre • Subdivision: Lots of 40 acres or more: multi-lot subdivisions permitted, subject to certain standards, and as long as all resultant lots are at least 40 acres. Lots of less than 40 acres: two- lot subdivisions permitted subject to certain standards, such subdivisions limited to once every five years.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 3 - 13

Cross Keys and Port Republic Battlefields Preservation Plan

Figure 3.5 Zoning of Land in and around Cross Keys Battlefield

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 3 - 14

Cross Keys and Port Republic Battlefields Preservation Plan

General Agriculture (A-2) • Purpose: to promote a balance of productive agricultural land and agriculturally related uses; to serve as a buffer between prime agricultural areas and rural service / low density residential uses • Permitted uses: agriculture, animal husbandry, silviculture, orchards, nurseries, greenhouses, intensive poultry and hog operations, single family dwellings (not including residential subdivisions), governmental, institutional, and utility uses • Special permit uses: a variety of agricultural accessory uses (e.g., sawmill, livestock sales, feed mill, slaughter house) and business uses (e.g., country store, auto service station, barber/beauty shop, funeral home) • Minimum lot size: 20,000 square feet • Subdivision: Lots of 40 acres or more: multi-lot subdivisions permitted, subject to certain standards, and as long as all resultant lots are at least 40 acres Lots of less than 40 acres: two- lot subdivisions permitted subject to certain standards, such subdivisions limited to once every three years.

Rural Service (RS-1) • Purpose: to retain the character of established rural communities composed of low- density residential, scattered businesses, and open space • Permitted uses: single-family dwellings, limited business uses (e.g., wayside stand, bakery, beauty/barber shop, funeral home), government, institutional, and utility uses • Special permit uses: a variety of business uses (e.g., antique shop, car wash, auto service station, laundromat) • Minimum lot size: 20,000 square feet • Subdivision: same as A-2

Residential or Recreational (RR-1) • Purpose: to provide for housing development in rural and mountainous areas unsuitable for intensive agricultural use • Permitted uses: single-family dwellings, churches, utilities • Special permit uses: governmental and institutional uses, silviculture, schools, day care • Minimum lot size: 2.5 acres • Subdivision: multi-lot subdivisions permitted

Low Density Residential (R-1) • Purpose: to provide and encourage a safe and suitable environment for family life • Permitted uses: single-family dwelling, school, church, some utilities • Special permit uses: other utilities, cemetery • Minimum lot size: 20,000 square feet where public water and/or sewer are not available • Subdivision: multi-lot subdivisions permitted

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 3 - 15

Cross Keys and Port Republic Battlefields Preservation Plan

Figure 3.6 Zoning of Land in and around Port Republic Battlefield

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 3 - 16

Cross Keys and Port Republic Battlefields Preservation Plan

General Business (B-1) • Purpose: to provide a wide range of retail sales and services to the public • Permitted uses: variety of retail, restaurant, service, lodging, office, government and utility uses • Special permit uses: recreation, amusement, warehouse, agricultural support uses

3.4 Comprehensive Planning

The Rockingham County Comprehensive Plan establishes county policies with regard to future growth and development. It maps planned new areas of development and describes the transportation and community facilities needed to support development. It also maps those areas to remain in agricultural use or that are planned for resource conservation. The plan is not an ordinance to regulate day-to-day development projects. Rather, it is a long-range policy document that describes the county’s vision for the future.

The current comprehensive plan was adopted on 8 December 1993. The plan acknowledges the presence of the Cross Keys and Port Republic battlefields and other historic resources, but contains no specific preservation policies. The land use plan map in the 1993 plan shows both Cross Keys and Port Republic as planned for a mix of intensive agriculture and non-intensive agriculture. The intensive agriculture area covers prime agricultural soil areas, where there is active farming as measured by a high level of capital investment. The non-intensive agriculture area is also predominantly agricultural, but with lower levels of capital investment. The village of Port Republic is identified as a rural center, which is described as an area needing individual study to determine if additional development should be encouraged. Land use goals for Rockingham County include the following that are relevant to the battlefields:

• retain the rural character of the county by continuation of agricultural use as the predominant land use in the county • direct residential, commercial, and industrial growth to appropriate community development areas where public infrastructure already exists or can be efficiently provided

Neither battlefield area is recommended for public water or sewer service in the 1993 comprehensive plan. It recommends that Port Republic Road from Harrisonburg to route 276 be improved and widened and that portions of Cross Keys Road (including the segment within Cross Keys battlefield) also be improved and widened.

The 1993 plan is currently undergoing an update process. The updated comprehensive plan is expected to be adopted in the spring of 2003. This schedule provides an opportunity to include battlefield preservation goals and plans in the updated comprehensive plan.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 3 - 17

Cross Keys and Port Republic Battlefields Preservation Plan

3.5 Transportation Planning

Rockingham County, Harrisonburg, and the Virginia Department of Transportation (VDOT) are currently involved in a major planning effort regarding transportation improvements in the greater Harrisonburg area. Of most relevance to battlefield preservation planning, is the proposal for an eastern by-pass around Harrisonburg. Various alignments have been proposed; however, the Rockingham County Board of Supervisors has not adopted a specific alignment at this time. VDOT is currently carrying out a study to determine the need for such a road and an appropriate alignment, if needed.

Various alignments for the by-pass have been proposed, including the Harrisonburg Area Transportation Study (HATS) Plan, the 506 Citizen Committee Plan, and the Osborne Plan. The HATS plan shows the southeastern by-pass as a new controlled access highway located west of Cross Keys Road. The other plans show the by-pass as using an improved Cross Keys Road. All three will affect Cross Keys battlefield land.

3.6 Current Preservation Status of Battlefield Lands

Landowners on the two battlefields have played a significant role in preserving the land over the years. However, the preservation status of most of the land on the battlefields is not necessarily permanent. Owners have the option of developing their land in conformance with the county zoning and subdivision ordinances. Permanent preservation has been achieved only on those lands that have been acquired by preservation organizations.

Several preservation organizations have been actively purchasing land and easements at Cross Keys and Port Republic over the years, including the Lee-Jackson Foundation, the Civil War Preservation Trust, The Conservation Fund, the Virginia Outdoors Foundation, the Society of Port Republic Preservationists, and most recently the Shenandoah Valley Battlefields Foundation. These permanently preserved lands are listed in Table 3.3.

The Widow Pence house and land are protected by an easement agreement between the owners, Irwin and Nancy Hess, the Civil War Preservation Trust, and the Virginia Outdoors Foundation.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 3 - 18

Cross Keys and Port Republic Battlefields Preservation Plan

Table 3.3: Permanently Preserved Battlefield Lands Tax Map Parcel Size Protection Parcel Number (acres) Owner Tool Cross Keys 140 (A) 19 27.7 Lee Jackson Foundation Fee simple 140 (A) 23 64.7 Lee Jackson Foundation Fee simple 140 (A) 22 49.2 Civil War Preservation Trust Easement Virginia Outdoors Foundation 140 (A) 17 39.1 The Conservation Fund Easement Virginia Outdoors Foundation 140 (A) 16 8.1 Shenandoah Valley Battlefields Fee simple Foundation Subtotal 188.8

Port Republic 161 (A) 71 9.5 Civil War Preservation Trust Fee simple 152 (B) 18B 0.3 Society of Port Republic Fee simple Preservationists Subtotal 9.8 Total 198.6

The Cross Keys battlefield contains 5,450 acres. The 188.8 acres of preserved land represents 3.5 percent of the battlefield. Port Republic battlefield is comprised of 4,936 acres; preserved land comprises 0.2 percent of this battlefield.

Recently landowners in the Cross Keys area have become interested in participating in agricultural and forestal districts as permitted by the Virginia Agricultural and Forestal Districts Act.33 Such districts have the potential to provide temporary preservation of agricultural lands. For land to be placed in an “ag district”, landowners must apply to the county to have a district created. The county must review the application and then approve or disapprove it as appropriate. Districts are established by county ordinance, which sets out a time period during which the district is effective - anywhere from four to ten years. The ordinance also sets conditions related to development. The effect of a district is that landowners give up some of their development rights for the period of the district in return for assurance of continued availability of use value taxation for eligible parcels and for protection from zoning and other governmental actions that would threaten farming or forestry.

In 2001, two ag districts were established by ordinance, Cross Keys North and Cross Keys South. Each was given a term of seven years. They expire in 2008. Within each, subdivisions of land for non-family members are prohibited, but otherwise uses, structures and accessory buildings permitted by the zoning ordinance are allowed. These ag districts offer a mild and temporary form of preservation for the lands they affect. The two districts include 861 acres on the Cross Keys battlefield and 33.5 acres on the Port Republic battlefield. They are shown in Figures 3.7 and 3.8.

33 Code of Virginia Section 15.2-4300 to 15.2-4314

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 3 - 19

Cross Keys and Port Republic Battlefields Preservation Plan

Figure 3.7 Cross Keys Preserved Land

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 3 - 20

Cross Keys and Port Republic Battlefields Preservation Plan

Figure 3.8 Port Republic Preserved Land

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 3 - 21

Cross Keys and Port Republic Battlefields Preservation Plan

3.7 The Agricultural Economy

It is important to understand the economic health of Rockingham’s agricultural sector because farmers play a key role in the preservation of Cross Keys and Port Republic battlefields.

Rockingham County continues to be a major part of the agricultural economy both of Virginia and of the United States. It has long been the leading agricultural producing county in the Commonwealth by a wide margin, and is one of the leading counties in the nation, as well. Table 3.4 compares the gross farm income among the leading counties in Virginia for the period between 1987 and 1997 (the most recent agricultural census). It shows that Rockingham accounted for 18.7 percent of the value of agricultural production in the entire Commonwealth. The next highest percentage was 5.9 percent for Augusta County. Rockingham’s lead in agricultural sales is due to the large amount of intensive poultry production, which generates more money per acre than most other large-scale agricultural enterprises.

Table 3.4: Virginia’s Leading Agricultural Counties 1997 1997 1987 1997 Gross Percent of Rank Rank County Receipts Virginia Total

1 1 Rockingham $438,100,000 18.7 %

2 2 Augusta $138,700,000 5.9 %

5 3 Page $115,200,000 4.9 %

3 4 Accomack $84,800,000 3.6 %

4 5 Shenandoah $73,000,000 3.1 %

Virginia $2,343,000,000 100 %

Source: US Department of Commerce US Census of Agriculture.

Table 3.5 presents a summary of selected statistics for Rockingham County from the census of agriculture. It shows the total number of farms and the total acres in farms have decreased substantially since 1969. The average size of farms is holding relatively steady, while the average age of farmers has increased slightly. In 1997, the census records an average net cash return of $60,257 per farm per year. This is an average figure that may have been skewed by a few large scale or highly profitable operations. Poultry and dairy operations may produce such annual incomes, but hay and cattle operations on an average 126-acre farm are likely to produce something on the order of $10,000 per year.34

34 Pete Martens, Virginia Cooperative Extension Agent. 2001. Personal communication with the authors. Cited hereafter as Martens.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 3 - 22

Cross Keys and Port Republic Battlefields Preservation Plan

Table 3.5: Selected Rockingham County Agricultural Characteristics Percent Change Characteristic 1969 1987 1992 1997 ‘69-’97 ‘87-’97

Number of Farms 2,187 1,895 1,864 1,834 -16 % -3 % Total Acres in Farms 270,200 242,224 236,074 230,409 -15 % -5 % Acres of Cropland 142,158 144,578 148,539 145,433 2 % 1 % Acres in Harvested Cropland 70,350 84,661 85,802 88,370 26 % 4 % Farms with sales over $100,000 419 642 683 701 67 % 9 % Percent of all farms (19 %) (34 %) (37 %) (38 %) Farms with sales under $10,000 876 808 752 716 -18 % -11 % Percent of all farms (40 %) (43 %) 40 %) (39 %) Total Sales ($ 000) $148,196* $277,168 $370,998 $438,103 196 % 58 % Total Expenditures ($ 000) $124,169* $232,481 $309,299 $369,864 198 % 59 % Principal Occupation is farming ---- 1,065 1,043 1,024 ---- -4 %

Avg. Age of Farm Operator (years) 51 51 53 53 4 % 4 % Average Size of Farm (acres) 124 128 127 126 2 % -2 % Avg. Market Value of products sold $67,762* $146,263 $199,033 $238,879 253 % 63 % Average Production Expenses $34,675* $122,681 $166,022 $201,451 481 % 64 % Net cash return from ag sales for ---- $38,876 $58,515 $60,257 -- 55 % farm

Source: U.S. Census of Agriculture; U.S. Dept. of Commerce * 1987 dollars; others in current dollars for the designated year

Agricultural activity differs on the two battlefields. Rolling hills at Cross Keys have shaped an agricultural economy based on hay, beef cattle, and intensive poultry operations. Port Republic’s rich bottomland promotes the production of corn, small grains, some soybeans, and hay. Livestock and poultry production is less prominent at Port Republic.

Full-time, part-time, and retiree farmers are active on the battlefields. It is very difficult to farm full-time on hay, grains, or beef cattle given the size of farms on the battlefields. Poultry and dairy operations offer the best opportunities for full-time farming. At present, poultry farming is not as profitable as it was several years ago because of recent reductions in world demand for poultry products. The recent outbreak of avian flu has hurt many poultry farmers. However, it is not known how this will affect the poultry industry in Rockingham County in the future. Dairying requires a commitment to farming that some are not willing to make.

Farmers who have owned their land for many years have an easier time making a living from farming than young farmers do because much of their land and equipment is paid off. Young farmers who want to farm full-time can go into poultry, since it does not take up too much land and there are financing options for poultry house construction. Young

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 3 - 23

Cross Keys and Port Republic Battlefields Preservation Plan

farmers must inherit land or get land at a very good price in order to start dairying and be profitable. Renting land for farming is another option. In Rockingham County, there is a strong demand for rental farmland. Another resource for young farmers seeking to get started in farming is the American Farmland Trust, which offers reasonable financing for land and equipment. Pete Martens, a Virginia Cooperative Extension Agent, indicates that the American Farmland Trust is active in Rockingham County.

For long-term preservation of the battlefields, it is essential that opportunities for farming by both part-time and full-time farmers remain available. An understanding of the farm economy will be useful in developing appropriate preservation incentive programs. Interpretive and management plans to be developed for the battlefields should address the types of agriculture conducted in this area of Rockingham County during the Civil War and what current types of modern agriculture are most compatible with battlefield preservation.

3.8 Tourism

The preservation of the Cross Keys and Port Republic battlefields is important in local, regional, and national efforts to conserve important historic resources and to honor those who fought and died during the Civil War. Preservation also offers opportunities for expanded tourism in the county because of the visitors that are drawn and will be drawn to these historic sites.

According to Allison Coonley, Executive Director of the Harrisonburg - Rockingham Convention and Visitors Bureau, many travelers to Rockingham County who visit the visitors center in Harrisonburg ask for information about Civil War battlefields. The center does not keep statistics regarding visitor requests, so it is difficult to gauge just how strong this interest is from local data. Because Rockingham County has very little battlefield land preserved and only a few roadside pull-offs, visitors center staff often refer travelers to New Market battlefield in neighboring Shenandoah County, where there is a museum and visitors can walk on the battlefield. Walking on a well-interpreted battlefield is of great interest to Civil War and other history enthusiasts.

There are several roadside interpretive markers for Cross Keys and Port Republic battlefields. At least four sets were noted, each being installed at different times and by different organizations. The oldest are the stone monuments with bronze plaques installed in the 1920s. The one for Cross Keys is located on Victory Hill School on Port Republic Road. The Port Republic stone marker is located in front of Grace Episcopal Church on Route 340 at the base of “the Coaling.” In the 1960s, the Virginia Civil War Commission set up vertical metal signs for each battlefield as part of the so-called “Circle Tour.” Cross Keys has two such signs located on Cross Keys Road between Port Republic and Battlefield Roads. Two Circle Tour signs for Port Republic battlefield are located on Route 340 some distance south of “the Coaling.” In the 1990s, the Society of Port Republic Preservationists installed several signs in the village of Port Republic that explain the role of the village in both the Cross Keys and Port Republic battles.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 3 - 24

Cross Keys and Port Republic Battlefields Preservation Plan

Another recent interpretive signage and tourism promotion effort affecting the two battlefields is the Virginia Civil War Trails (VCWT) program. This program was developed in the 1990s and involves a series of driving tours around the state designed to highlight events of the Civil War. The Shenandoah Valley Civil War Trail extends from Winchester south to Roanoke and offers both interpretive signs at sites and trailblazer signs along the route. A quality brochure for the trail is available at most visitors centers and includes a map of the trail and additional background information about the Valley campaigns of 1862 and 1864. The Virginia Tourism Corporation (VTC) provides significant support for this tourism program by offering a toll-free number, 1-888-Civil- War, for trip planning and tour packages.

Presently, there are seven VCWT signs at Cross Keys:

one is in front of the Ruritan Club (Union Church) on Battlefield Road; three are at Victory Hill School on Port Republic Road; and three are at the Battlefields Foundation property on Goods Mill Road.

Port Republic has two VCWT signs at “the Coaling” on Civil War Preservation Trust land.

The VCWT program brings additional visitors to Rockingham County. In fact, the best information about Civil War tourism in Rockingham County comes from data collected by the Virginia Tourism Corporation on “Civil War Car Route Pleasure Travel Parties.” The data shows that while only 3.6 percent of all pleasure travelers to Virginia visit Harrisonburg, 13.2 percent of Civil War car route travelers visit the city. The data also shows that Civil War car route travelers stay longer and spend more money than the average pleasure traveler spends. Civil War car route travelers promise to add significantly to Rockingham’s tourism economy.

Another source of information about potential impacts of battlefield visitors in the Shenandoah Valley is the Environmental Impact Statement (EIS) that was prepared for the Shenandoah Valley Battlefields National Historic District Management Plan. The EIS estimated Year 2000 visitation to Cross Keys and Port Republic as well as Year 2004 visitation when the Management Plan was predicted to have been implemented. While it is doubtful that the Management Plan will be fully implemented by 2004, the 2004 figures provide an estimate of future visitation after the Battlefields Foundation has developed its orientation centers, promotional brochures, and signs. Table 3.6 provides an analysis of visitation projections from the EIS.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 3 - 25

Cross Keys and Port Republic Battlefields Preservation Plan

Table 3.6: Analysis of Visitation Projections for Cross Keys and Port Republic

Year 2000 Visitation (“Existing Conditions”) Total number of Annual Visitors: = 10,000 Peak Season: Summer (June/July/Aug) = 31.7 percent of the annual visitation over 92 days Average party size: = 4 persons (per car) 10,000 visitors x 31.7 percent = 3,170 visitors over 92 days Peak daily visitation = 34-35 visitors / day Peak daily visitor traffic = 9 cars / day

Year 2004 Visitation for Both Battlefields (“Full Implementation”) Total number of Annual Visitors: = 74,100 Peak Season: Summer (June/July/Aug) = 31.7 percent of the annual visitation over 92 days Average party size: = 4 persons (per car) 74,100 visitors x 31.7 percent = 23,489 visitors over 92 days Peak daily visitation = 255 visitors / day Peak daily visitor traffic = 64 cars / day

Net Increase in Peak Daily Visitation Net increase in visitors = 220 visitors / day Net increase in visitor traffic = 55 cars / day

Source: SVBNHD Management Plan EIS, pages IV-39 to IV-44

This analysis shows that the increase in visitation at Cross Keys and Port Republic from 2000 to the time the Foundation fully implements its plan is expected to be about 220 visitors per day, which translates to about 55 additional cars per day during the peak summer months. If some of these visitors come in busses, the number of cars will be less than 55 additional. In the meeting where these figures were presented, Steering Committee members did not express concern regarding this potential tourism impact.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 3 - 26

Cross Keys and Port Republic Battlefields Preservation Plan

4.0 Potential Preservation Tools and Techniques

A range of possible preservation tools and techniques available for preserving Cross Keys and Port Republic battlefields is presented in this chapter. It is important to recognize that there are many types of landowners on the battlefields, landowners with different goals and intentions for their property. Offering an array of tools that may appeal to various landowners will support the most effective preservation effort.

Likewise, there are many organizations interested in preserving land and historic resources, including Rockingham County, the Shenandoah Valley Battlefields Foundation, and other non-profit partners, such as the Valley Conservation Council, the Civil War Preservation Trust, the Society of Port Republic Preservationists, and the Lee- Jackson Foundation. Each of these organizations has different missions, goals, abilities, and financial means affecting the kind of preservation tools it can use. This suggests that a broad range of tools is needed. Focusing on just one would result in many missed opportunities.

An outline follows of many potential tools that can be used at Cross Keys and Port Republic. They are not presented in an order of priority or importance. The tools are grouped into private land conservation methods and steps Rockingham County can take to preserve the battlefields. These are followed by descriptions of tax benefits available to landowners, agricultural support programs, and potential sources of funding.

4.1 Private Land Conservation

As described in Chapter 3.0, 198 acres of land have already been protected on both Cross Keys and Port Republic battlefields. In some cases, the fee simple interest in land has been acquired (88 acres). Conservation easements have been placed on other properties (110 acres).

A key precept of the Shenandoah Valley Battlefields National Historic District Management Plan and the federal legislation that established the district is that land and interest in land will be acquired only from willing sellers or donors. Eminent domain will not be used; the acquisition of land or easements by the Battlefields Foundation at Cross Keys and Port Republic battlefields will be voluntary.

4.1.1 Fee Simple Acquisition

The Battlefields Foundation can purchase land out right for use as a battlefield park. This “fee simple” acquisition may be the best preservation technique for land that is planned to be managed as a battlefield park that is open to the public and allows visitors an opportunity to walk on the battlefield.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 4 - 1

Cross Keys and Port Republic Battlefields Preservation Plan

4.1.2 Conservation Easements Acquisition

Easements are legal documents, just like other deeds, that allow individuals to keep their property yet convey certain specified rights to an easement holder. Most landowners hold a “fee simple” interest in their property. This interest is often compared to a bundle of sticks. Each stick represents a specific right associated with the property. Such rights include the right to farm, to hunt, to extract minerals, to cut timber, to subdivide, and to do anything else with a property not prohibited by law. Any one of these rights can be legally separated from the fee simple interest through an easement and transferred to other parties in a “less than fee” or “partial interest.”

Easements are often granted to utility companies so power and telephone lines can cross a property. A neighbor might grant an easement so the owners of an adjacent parcel can cross their land to access a road or bring cattle to a watering hole. When such transfers involve a landowner’s development interests, they are called conservation easements.

For example a landowner can forgo construction rights or the right to subdivide property beyond a specified number of parcels through a conservation easement. Easements are written specifically to meet the property owner’s wishes for the future use of the land. The easement holder is responsible for seeing that these wishes are upheld by future owners of the land.

An easement does not grant the public access to a property unless its owner specifically agrees in the easement document to grant such access. The land remains private property and is protected from trespass just as any other private property.

Most conservation easements restrict uses that destroy natural or historic areas while allowing traditional use such as farming and forestry. Placing an easement on land does not mean it cannot be developed at all. The owner states the types of development he wants to prohibit. The property can still be sold, rented, bequeathed, or otherwise transferred but the conservation easement is recorded and so binds future owners of the land. If prohibited by the easement, the land cannot be subdivided or converted to more intensive uses. The property remains in its current use or a compatible use perpetually.

4.1.3 Ways to Acquire Easements and Fee Simple Interests

When a public agency or a private preservation organization acquires land or an easement, it can do so in a number of ways as described below.

Purchase at full price with the complete value paid up front. Land can be preserved through traditional purchases where the landowner receives the entire cash value at once. The fee simple price of land will generally be higher than the easement price. Fee simple purchase of land can be expensive for the buyer. It also creates tax liability for the seller, usually in the form of capital gain taxes on any gain realized from the sale.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 4 - 2

Cross Keys and Port Republic Battlefields Preservation Plan

Purchase at less than full price - a bargain sale. The owner sells the land or easement at less than its fair market value, donating a portion of the value. A bargain sale can allow the seller to reduce his tax liability by reducing the amount of capital gain tax due. It can also create a charitable deduction because part of the value is donated.

Donation. Preservation organizations are eager for donations of land. For landowners with large tax obligations, donation may be preferable to sale. A donation of land or easement may entitle the donor to federal and state tax deductions for that charitable gift and to a Virginia income tax credit. In addition, the gift of an easement may afford the donor significant estate tax benefits.

Sale or donation of land in fee simple with retained life estate. In this case, the owner conveys fee simple title to the land (either by sale or donation) but retains a life estate interest for his lifetime. In other words, the landowner can continue to live on the property for the remainder of his life. The life estate can also be granted to a family member such as a child, for his or her lifetime. If donated, this kind of conveyance can generate tax benefits, as discussed later in this section

Re-sale of land under easement. Some owners may only be interested in selling their land, retaining no ownership. In such cases, a preservation organization could acquire the land then re-sell it under easement to a preservation-oriented buyer. The final result is that the preservation organization just owns the easement. Retaining an easement is practical and cost effective where physical access by visitors is not necessary. (Currently the Battlefields Foundation cannot re-sell land it buys with federal funds. It may gain that ability in the future using private or other public finds.)

Option to buy. To ensure that the Battlefields Foundation has an opportunity to buy a property at some point in the future, an owner may convey an “option to buy” the property at a specified price. The owner may sell or donate the option. The option restricts the landowner from selling the property to someone else during a specified period. Options can be renewed, if agreed to by both the landowner and the preservation organization.

Right of first refusal. Owners may also convey a right of first refusal on their property by giving the Battlefields Foundation the right to match any offer the owner receives from a third-party. Obtaining rights of first refusal will help the Battlefields Foundation keep track of what is available for sale, but will not provide assurance the organization will be able to buy the land when it goes on the market.

Installment purchase. The landowner sells or donates land or a conservation easement with payments or the donation taking place in timed installments. This is advantageous to the buyer, because it spreads out the payments instead of requiring them in full up front. Installment arrangements allow the purchasing

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 4 - 3

Cross Keys and Port Republic Battlefields Preservation Plan

entity to purchase more easements within a funding cycle. For the landowner, installment transfers may have tax advantages, as described later in this report.

Table 4.1 summarizes these different ways to acquire land and easements.

Table 4.1 Acquisition of land or conservation easements by purchase or acceptance of a donation Purchase Donation • at market value X or X • at bargain price X and X • life estate X or X • resale with easement X or X • option to buy X or X • right of first refusal X or X

The tax implications of land conservation depend on the owner’s financial circumstances. Federal and state tax laws provide significant tax advantages to owners for donations. Owners who want their land to remain in agriculture and want to pass it to their heirs may find easement donation attractive. A later section of this report discusses in more detail the tax implications of selling or donating land or easements for conservation purposes.

4.1.4 Leases and Management Agreements

Landowners may be interested in conveying specific rights to the Battlefields Foundation through a lease or management agreement. For instance, their property could lie between two parcels owned by the Battlefields Foundation. The owner could lease the right to build and maintain a connecting trail across the private parcel to link the two protected properties. Likewise an owner could lease the right to build and maintain a wayside or parking area with interpretative signs.

Such a lease could include a right of first refusal or an option to purchase the property, in case the owner decides to sell. If the objective of the lease agreement is to install infrastructure, like a trail, signs, or a parking area, the agreement would have to cover a substantial period of time, depending on the value of the infrastructure investment. Lease agreements would provide income to the owner while allowing public access to the battlefields.

4.1.5 Agricultural and Forestal Districts

“A mutual undertaking by landowners and local governments to protect and enhance agricultural and forestal land as a viable segment of the Commonwealth’s economy and an economic and environmental resource of major importance.” The Virginia Agricultural and Forestal Districts Act

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 4 - 4

Cross Keys and Port Republic Battlefields Preservation Plan

Since 1977, Virginia has authorized voluntary agreements between landowners and their local government to protect farms and forests from incompatible development. In essence, the state code invites communities to relieve pressures on owners to convert farms and forests to other uses. “Ag/forest districts” shield landowners from local and state government decisions that diminish the viability of their farm and forest operations. Districts provide stability for conservation-minded landowners and enable localities to reward people for voluntarily protecting land — “an economic and environmental resource of major importance.”

By voluntarily establishing a district, property owners agree not to convert their farm and forest land to more intense commercial, industrial, or residential uses for a period of up to ten years. In return, the locality and Commonwealth agree not to take actions or make infrastructure investments that place increased pressure on landowners to convert land in the district to those more intense uses. Government actions that can be affected by ag/forest districts include the location of new water and sewer lines and rezoning decisions. Thirty Virginia localities now use ag/forest district ordinances to protect more than 650,000 acres of land.

Ag/forest districts offer rural landowners tax reduction and stronger protection from development than zoning. They provide a higher level of certainty that farms and forests will be maintained because they restrict the powers of the local, state, and, to some extent, the federal governments. From the landowner’s point of view, districts provide the following benefits.

Land Use Taxes. Qualified land in an ag/forest district is eligible for use-value, or “land use,” taxation, whether or not the local government has a county-wide use-value program.

Cooperation for Conservation. Districts encourage landowners interested in maintaining farms and forests to share their conservation objectives with their neighbors. By joining a district, neighbors form a compact to maintain the rural character of their land together.

Nuisance Ordinances. In ag/forest districts, local governments cannot enact laws that unreasonably restrict farm structures or farming and forestry practices. Laws that arbitrarily limit customary farming practices (such as manure spreading or prescribed burning) cannot be enforced in ag/forest districts.

Land Use Regulations. Ag/forest districts also provide restrictions on county actions that might impede farming, such as local laws that unreasonably restrict farm structures or practices and planning and zoning decisions that would adversely affect farming.

State Regulations. State agencies must modify their regulations and procedures to encourage the maintenance of farming and forestry in districts. Agencies must

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 4 - 5

Cross Keys and Port Republic Battlefields Preservation Plan

consider the impact of their actions on the future of farming and forestry in districts.

Condemnation of Land. In districts, landowners have some protection from the acquisition of land by state and local government agencies or by public service corporations like utility companies. The locality can delay or block the condemnation of land by such entities.

4.1.6 Design Consultation Service

Development of any new buildings on the battlefields is viewed by some as impossible without harming the historic value of the battlefields. However, the Cross Keys / Port Republic area of Rockingham County is a viable agricultural area where people live, farm, and conduct business. Landowners will be interested in maintaining the flexibility to construct houses, farm structures, churches and other buildings. There are ways to locate and design buildings to minimize impacts on views from roads and permanently preserved areas where visitors are invited. Design skills are needed to do this well, and such design assistance may not be readily available or affordable to landowners. The Battlefields Foundation could develop a program to provide free or low-cost design services to landowners, allowing construction of the new buildings while reducing impacts on the battlefields. The Foundation could also develop a set of design guidelines that would identify and describe compatible new construction and renovation designs for use by landowners and design consultants.

4.2 County Actions to Preserve the Battlefields

4.2.1 Purchase of Development Rights (PDR) Programs

Some people object to regulatory measures, like zoning, that restrict the ability of landowners to subdivide land. An often-heard argument is that regulation deprives owners of their equity in the land. A purchase of development rights (PDR) program allows owners to get their equity out of the land without converting it to non-farm uses. PDR programs use voluntary agreements to buy development rights, removing all or some of the development potential from the land.

A PDR program buys development rights from landowners by acquiring conservation easements. Local governments in Virginia have authority to acquire easements to protect areas in their jurisdiction that are not appropriate for new development under the Open Space Land Act.35

Some Virginia localities are responding to the loss of farms and forests by developing their own local programs for land protection that include PDR. This analysis examines the progress of local land protection efforts through early 2001.

35 Section 10.1-1700 of the Code of Virginia

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 4 - 6

Cross Keys and Port Republic Battlefields Preservation Plan

In Fiscal Year (FY) 2000 - 2001 and FY 2001 - 2002, four Virginia localities— Albemarle County, James City County, Loudoun County, and the City of Virginia Beach—committed funding to the acquisition of development rights on farm and forest land. In these counties, the primary sources of funding for the acquisition of development rights were dedicated portions of the real property tax; transient lodging taxes; and general funds. Total annual funding levels for these localities, rose from $9 million to $9.8 million over the period, are listed in Table 4.2

Table 4.2 Local Funding for the Acquisition of Development Rights FY 2000 - 2001 and FY 2001 - 2002 FY 2000 - 2001 FY 2001 - 2002 Virginia Beach $3,590,390 $3,776,956 James City County $430,000 $1,000,000 Albemarle County $1,000,000 $1,000,000 Loudoun County $4,000,000 $4,000,000 Total $9,020,390 $9,776,956

At least 12 other localities, citizens and/or local governments were at various stages of investigating or developing PDR programs.

4.2.2 Comprehensive Plan Policies

The citizens and government of Rockingham County play a role in the future of the battlefields through the growth and development policies they establish in the comprehensive plan. The plan identifies and maps areas designated for new or expanded development and describes the transportation and community facilities (e.g. water and sewer) needed to support development. It also identifies and maps those areas to remain in agricultural or other open space uses. The plan does not regulate day-to-day development projects. Rather, it is a long-range policy document that describes the county’s vision for the future.

The current county comprehensive plan, adopted in 1993, is now being updated. This provides an opportunity to include battlefield preservation goals and plans in the new comprehensive plan. Policies that could be included in the plan that would support battlefield preservation include:

• planning for the continuation of agricultural uses on the battlefield area; • designating the battlefields as historic preservation areas appropriate for the application of preservation measures; • excluding the battlefields from areas proposed for water and sewer service extension; • recommending no new roads or major improvements to existing roads that would adversely impact the battlefields; and • outlining implementation methods that Rockingham County plans to commit toward battlefield preservation.

Policies such as these would set a framework for battlefield preservation efforts carried out by the county as well as by preservation organizations and landowners. Preservation

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 4 - 7

Cross Keys and Port Republic Battlefields Preservation Plan

is much more difficult to implement if the comprehensive plan is not supportive of the effort.

4.2.3 Zoning and Subdivision Regulations

Rockingham County’s zoning regulations contribute to the preservation of the battlefields. As described in the Chapter 3 and shown in Figures 3.5 and 3.6, most battlefield land is zoned Prime Agriculture (A-1) or General Agriculture (A-2). These zoning districts permit many agricultural uses and, in conjunction with the subdivision ordinance, limit subdivision for residential use.

A-1 zoning restricts residential subdivision more by allowing only one new lot to be created from each property every five years and requiring a special use permit for most new home construction. A-2 allows a new lot every three years and the by-right construction of one house per parcel. Historically, more subdivision occurs in areas zoned A-2 than in areas zoned A-1.

In addition to residences, some farm related structures are permitted under agricultural zoning that detract from the historic character of the battlefields. A range of non- agricultural uses is also allowed in agricultural zoning districts, some of which require a permit from the county.

Uses requiring a permit in A-1 are followed by the notation A-1. Uses requiring a permit in A-2 are followed by the notation A-2. Uses with no following notation are by-right uses.

Eighteen land uses are treated the same by both agricultural zoning districts, either as a “by-right” use (requiring no zoning permit) or because both districts require permits. agriculturally related laboratory A-1 A-2 child care center A-1 A-2 country inn A-1 A-2 dormitory housing farm workers A-1 A-2 electric generation substation A-1 A-2 flood control structure A-1 A-2 hunting or fishing club A-1 A-2 public utility A-1 A-2 quarry A-1 A-2 railroad station or yard A-1 A-2 residential care facility shooting range A-1 A-2 slaughterhouse A-1 A-2 telecommunications facility A-1 A-2 telephone exchange A-1 A-2 transmission tower A-1 A-2 well pump station A-1 A-2 sawmill A-1 A-2

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 4 - 8

Cross Keys and Port Republic Battlefields Preservation Plan

Four uses are by-right in the A-2 zone but require special use permits in the A-1 zone. church A-1 church camp or retreat A-1 government building A-1 school A-1

Thirty-one non-agricultural uses are allowed in A-2 but not A-1 zoning. airport A-2 animal hospital A-2 animal shelter A-2 auction sale A-2 auto graveyard / junkyard A-2 auto service station A-2 beauty or barber shop A-2 bulk storage of fuel/explosives A-2 boarding house operation A-2 campground A-2 catering services A-2 ceramic shop A-2 clinic service A-2 club A-2 community center A-2 family day-care home A-2 funeral home A-2 general or convenience store A-2 golf course A-2 group home A-2 gun shop A-2 home for adults or nursing home A-2 kennel operation A-2 livestock sales pavilion A-2 machine, welding shop A-2 police, fire, rescue station A-2 public garage A-2 small contractor’s business A-2 wayside stand A-2

Seven uses, mostly agricultural service industries, are allowed in A-1 but not A-2 zoning. custom feed mill A-1 display/sale of farm products A-1 farm equipment repair A-1 farm products processing A-1 fruit packing plant A-1 handicrafts and cottage industries A-1 retail greenhouse A-1

Potential Zoning Changes

Rockingham County could discourage incompatible development on the battlefields through its zoning ordinance. While many changes are possible, a few approaches are discussed here. Zoning changes could involve increased land use regulation that some landowners might not support. The Battlefields Foundation and Rockingham County will only support such changes if they are desired by a substantial majority of battlefield landowners.

Zone all Farmland on the Battlefields A-1 The battlefields would be more protected if A-2 land was rezoned to the more restrictive A-1 zoning district. Some owners may support such a change, while others might object. Both zoning districts allow agricultural and non-agricultural uses that, if constructed

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 4 - 9

Cross Keys and Port Republic Battlefields Preservation Plan

carelessly, detract from the integrity of the battlefields.

Historic District Zoning The county could discourage potentially incompatible uses on the battlefields by creating a rural historic district. By applying a historic “overlay district”36 over the existing A-1 and A-2 zones, the county could further restrict uses that may be compatible with agriculture (such as a feed mill or farm equipment store) but not appropriate for the battlefields.

To ensure that new development is designed and sited in ways that do not detract from the area’s historic character, the county could also establish an architectural review board to review the design and placement of new structures and the removal or alteration of historic structures. The board would provide landowners with assistance in locating and designing new structures to minimize adverse impacts on the battlefields. This issue is addressed in a later section.

A historic overlay district might be most appropriate in the Village of Port Republic where it could assist landowners in preserving the historic character of the village. Its could address the demolition and alteration of historic structures, the design of new buildings and the character of new development on vacant lots.

Creating a New Battlefield Zoning District Another option is to create an entirely new agriculture / historic battlefield zoning district. It would allow compatible agricultural land uses and protect historic buildings while ensuring that new intrusive uses were not permitted. Zoning rules could be similar to those of the A-1 and A-2 districts while prohibiting non-agricultural uses that might adversely affect the battlefields. Design guidelines could be associated with the zoning district to be applied on a voluntary basis.

A well-crafted ordinance that balanced private property rights with historic preservation to maintain the character and beauty of the land might allow residents to achieve many of the conservation objectives stated in meetings held by the Cross Keys and Port Republic Battlefields Preservation Plan Steering Committee. If zoning changes achieved broad acceptance, landowners could promote their adoption by the county.

4.3 Tax Policies

Local, state, and federal laws provide incentives to landowners who preserve their land.

4.3.1 Use Value Assessment (Land Use Taxation)

Rockingham County has use value assessment, allowing farm and forest land to be assessed at its current use value rather than “highest and best use” (development) value. For qualifying landowners, “land use” taxation can substantially reduce real property tax

36 Section 15.2-2306 of the Code of Virginia

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 4 - 10

Cross Keys and Port Republic Battlefields Preservation Plan

obligations. Land is assessed at its lower, use value as long as it remains in rural uses. If it is converted to more intensive uses, the owner must pay “roll-back” taxes equal to the tax benefit they have received over the previous five years plus interest. Land use taxation provides an incentive for landowners to continue to farm. Many landowners depend on the land use tax program to keep their farms profitable.

4.3.2 Local Real Estate Tax Reductions for Conservation Easements

Virginia provides real estate tax reduction to land under conservation easement. State law requires localities to assess the value of the eased land based only on the uses of the land that are permitted by the easement. Localities may not tax the value attributable to the uses prohibited by the easement. Since Rockingham County has land use taxation, land subject to an easement must be assessed and taxed as “open space.”37 If a property is enrolled in the land use tax program, an easement will probably have little effect on the real estate tax. If the property is not in the land use tax program, there could be a significant property tax reduction.

4.3.3 Federal Income Tax benefits for Conservation Donations

The donation of a qualifying conservation easement can be deducted from federal taxable income, just like other tax-deductible gifts made to a non-profit organization.38 Owners may deduct up to half their taxable income in the year of donation. The total allowable deduction can be carried forward for up to five succeeding years if it cannot all be used in the year of donation. Donations can be structured in installments to maximize tax benefits if some tax benefit would otherwise be left unused. This incentive to donate an easement can be very powerful to a person facing high federal tax obligations.

4.3.4 Virginia Income Tax Deductions and Credits for Conservation Donations

Virginia income tax is determined with reference to federal taxable income (with some adjustments), so the federal income tax deduction for conservation donation results in an identical deduction for state income tax purposes. Virginia also offers a state income tax credit for donations of interests in land (including conservation easements) for conservation purposes.39 The credit is not the same as a deduction (which reduces taxable income on which tax liability is based). A credit is an actual, bottom-line reduction of taxes owed. It applies to all donations that meet the requirements for federal income tax deduction. A credit may be taken of up to 50 percent of the value of the donated land or easement. The maximum annual tax credit is $100,000. Unused credit can be carried forward for up to five years.

37 Section 58.1-3230, et seq. of the Code of Virginia 38 Section 170 (h) of the Internal Revenue Code 39 Section 58.1-512 of the Code of Virginia

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 4 - 11

Cross Keys and Port Republic Battlefields Preservation Plan

4.3.5 Federal and State Income Tax Credits for Historic Building Rehabilitation

Both the federal and state governments offer income tax credits to property owners who rehabilitate eligible historic structures according to the Secretary of the Interior’s Standards for Rehabilitation. The federal tax credit of 20 percent of eligible rehabilitation expenses applies only to income producing properties, while Virginia’s 25 percent credit applies to both residential and commercial structures. Barns and other agricultural buildings on a working farm would be considered commercial. Some, but not all, properties and rehabilitation projects may be eligible for both federal and State tax credits.

To be eligible for the federal tax credit, a building must be listed individually on the National Register of Historic Places or be a contributing element in a national register historic district.

To be eligible for the state tax credit, a building must be individually listed on the Virginia Landmarks Register, or certified by the Department of Historic Resources (DHR) as eligible for listing or as a contributing structure in a district so listed.

The village of Port Republic is listed as a historic district on the Virginia and national registers. Property owners there can already avail themselves of the tax credits, if their rehabilitation projects qualify. While the Cross Keys and Port Republic battlefields are not listed on registers, it is likely that they are eligible for listing.40 Listing on the registers would provide tax credit eligibility and offer some protection from state and federal actions, like new roads, that might adversely affect their historic character.

4.3.6 Estate Tax Reductions for Easements

Federal estate taxes can cause financial problems for families who would like to keep the farm when property is inherited. Federal law permits an individual to give away $1 million total, both during life by gift and at death, without paying gift or estate taxes. A husband and wife each qualify for the $1 million exclusion. This exclusion amount is scheduled to increase as follows:

• to $1.5 million in 2004; • to $2 million in 2006; and • to $3.5 million in 2009.

However, families having significant taxable estates may still have estate taxes to contend with. For those families, there are significant estate tax incentives to donate conservation easements.41

40 according to David Edwards, Director of the Winchester Regional Office of DHR 41 Section 2031(c) of the Internal Revenue Code

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 4 - 12

Cross Keys and Port Republic Battlefields Preservation Plan

A properly structured donation of a conservation easement reduces estate taxes in two ways:

• by reducing the value of the estate, because the value of the land is reduced by the conservation easement; and • by excluding from the estate for tax purposes up to 40 percent of the remaining value of the land (after the easement is taken into account).

4.4 Battlefield Agricultural Support Program

The continued viability of agricultural operations on the battlefields is key to preservation. Farmers are concerned about the current low profitability of farming and the future of farming in general. The county could address this problem by actively pursuing an agricultural support program. Such a program should be offered throughout the county’s agricultural areas. Some examples of agricultural support programs include:

Land Lease Data Bank. The county could develop a data bank that would link farmers interested in leasing land with owners looking to lease. This would allow farmers to expand their operations without the cost of buying land and would expand agricultural activities on rural lands.

Farmers Markets and Wayside Stands. The county could help develop more outlets for direct sales of farm products to consumers. A quaintly designed wayside stand in Port Republic or other appropriate location could cater to summer tourists.

Community Supported Agriculture (CSA). The county could assist in marketing the community supported agriculture concept. This is a relatively new form of direct sales of farm products between farmers and local consumers. CSA farm customers pay for a share of the harvest at the beginning of the year and receive a weekly allotment of produce throughout the growing season. This system takes the risk out of farming and shifts the time that growers spend on marketing to the beginning of the year.

Compatible Commercial Business Uses Permitted in Agricultural Zones. The County’s A-1 and A-2 zones already permit many business uses, though some are not compatible with battlefield preservation. If an Agriculture / Historic battlefields zoning district were created, it could include some commercial uses designed to increase farm profitability while not harming the battlefields. Such uses might include bed and breakfast enterprises, country inns, rural retreats, farm markets, wayside stands, farm camps, history camps, demonstration farms, and crop mazes.

Farm Viability Enhancement Program. Massachusetts has developed an intriguing program to support agriculture called the Farm Viability Enhancement Program.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 4 - 13

Cross Keys and Port Republic Battlefields Preservation Plan

Farmers apply to participate. Upon application, a state assessment team reviews the current farm operation and suggests ways to increase on-farm income through such methods as improved management practices, diversification, direct marketing, value-added initiatives (product processing, for example), and agricultural tourism enterprises. In the second phase of the program, participants are eligible for grants to implement viability assessment recommendations in exchange for placing an agricultural covenant on the property. The covenant requires that the property be used only for farming and approved farm support activities for a period of five or ten years. Grants are higher for longer covenant periods. Rockingham County might consider such a program using its agricultural extension agents for the assessment team.

4.5 Sources of Funding for Preservation Programs

Governmental appropriations from the General Fund with revenue sources coming from property taxes, sales taxes, etc. Rockingham County could appropriate funds to contribute to the effort to purchase land and easements. The County could also use general fund monies to underwrite battlefield agricultural support programs.

Local government bonds. A number of localities across the nation have used general obligation bonds to purchase land and easements for conservation. Virginia requires counties to hold voter referenda before issuing general obligation bonds.

Lease income. Preservation organizations that purchase land in fee simple will have the opportunity to rent that land to farmers so that it can continue to be farmed, while the rural landscape character is maintained and the land is cared for. Income from lease payments becomes a source of income for other preservation activities.

Service districts. Loudoun County and the Town of Middleburg are currently exploring the establishment of service districts to purchase easements for rural conservation purposes. Such districts may be created by local ordinance after public hearing publicized and held in accordance with Virginia Code Section 15.2-2400 et. seq. Creation of a service district allows local governments to levy and collect an annual tax or assessment within the district to support district activities. This service district revenue can be used to purchase land and conservation easements for conservation purposes as permitted by Virginia Code Section 15.2-2403(11).

Private donations. Many local citizens as well as Civil War battlefield preservation supporters across the country may be willing to donate cash or in-kind services (legal, survey, etc.) to support efforts to preserve Cross Keys and Port Republic battlefields. The Shenandoah Valley Battlefields Foundation plans to begin a fundraising program to capture these private dollars. Such donations can be pooled to create a revolving fund in which donations are partially replenished by sales of land to conservation buyers. National preservation foundations concerned with farmland, natural area, or historic land preservation may also be

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 4 - 14

Cross Keys and Port Republic Battlefields Preservation Plan

willing to contribute to the preservation program or otherwise partner with the County and Foundation to purchase land and easements.

Charitable creditors. For example, the Vermont Land Trust maintains a confidential list of conservation-oriented persons willing to guarantee loans and provide interest- free loans for easement and fee simple land acquisition. These “charitable creditors” provide short-term credit when emergency funds are needed to forestall sale of land for development. In some cases, the creditors eventually forgive a portion of the loan and thereby end up making a tax-deductible contribution. This method of obtaining emergency funding is probably best suited for use by a tax- exempt non-profit preservation organization that has the flexibility to work quickly in a land purchase. Such a program could be pursued for Cross Keys and Port Republic.

Preservation buyers. Preservation organizations can partner with preservation-oriented buyers to purchase land together, with the preservation organization retaining a conservation easement and the buyer retaining the remainder interest in the land. An example of this kind of arrangement was the recent joint purchase of the Widow Pence Farm on Cross Keys battlefield by Dr. and Mrs. Hess and the Civil War Preservation Trust.

Federal Funding Sources. Federal funding sources, include:

• Federal funding allocated to the Battlefields Foundation for land and easement acquisition. • Land and Water Conservation Fund (Administered by the American Battlefield Protection Program, NPS, FY01-03 funding available for battlefields identified by the Civil War Sites Advisory Commission42) • Farmland Protection Program (2001 Farm Bill, administered by USDA) • Hazard Mitigation Grant Program (1988 Disaster Relief and Emergency Assistance Act, administered by FEMA, purchases easements only on farmland in the 100-year floodplain) • Transportation Equity Act for the 21st Century (TEA-21, administered by VDOT, applies to rural lands along scenic roads; reauthorization after FY 2002 is still pending).

State Funding Sources. State funding sources include the following, although funding levels have varied widely in recent years. :

• Virginia Land Conservation Foundation (created in 1999, administered by the Virginia Department of Conservation and Recreation (DCR)) • Open Space Lands Preservation Trust Fund (administered by Regional Open Space Preservation Advisory Boards and the Virginia Outdoors Foundation, funding for easement purchase or the costs of setting up donated easements)

42 Civil War Sites Advisory Commission. 1993. Civil War Sites Advisory Commission Report of the Nation’s Civil War Battlefields. Washington, DC. NPS.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 4 - 15

Cross Keys and Port Republic Battlefields Preservation Plan

• Conservation Reserve Enhancement Program (created in 2000, administered by DCR, applies to pasture and crop land adjacent to streams, wetlands, ponds, and sinkholes) • Forest Legacy Program (administered by the Virginia Department of Forestry, purchases easements on forest land)

The Battlefields Foundation and Rockingham County will explore other potential state and federal funding sources.

4.6 Recommended Preservation Tools

These potential preservation tools were reviewed by the Steering Committee and presented in a public forum on June 18, 2002. All the tools received tentative approval from the citizens participating except for the zoning technique involving the creation of a historic overlay district. Concerns were raised about the setting up of any architectural review board with regulatory powers over the demolition or renovation of buildings. The zoning technique most favored was a new battlefield zoning district. This district could have design guidelines as long as compliance were voluntary.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 4 - 16

Cross Keys and Port Republic Battlefields Preservation Plan

5.0 Preservation Priorities

As described in Chapter 1.0, Cross Keys battlefield encompasses 5, 450 acres and Port Republic battlefield, 4, 936 acres. It is obvious that not all of this land can be preserved at once. Given projected funding levels, not all of it can be acquired in fee simple or by easement. Priorities must be set so the most important land is preserved first and by the most permanent means.

Preservation priorities were established in a two-step process. First a preservation value ranking system was developed and applied to measure the preservation value of each parcel of land on the battlefields. Based on the results of the parcel ranking and on input from the Steering Committee and citizens in public forums, a set of preservation recommendations was developed.

5.1 Methodology / Preservation Value Ranking System

To evaluate the preservation value of properties in the study area of each battlefield in a comprehensively, a parcel ranking system was developed and applied. This system was based on one recommended in the Shenandoah Valley Battlefields National Historic District Management Plan. The latter more general ranking system was made more specific for Cross Keys and Port Republic and Rockingham County. Three major criteria form the basis for the parcel ranking: historic integrity, historic significance, and potential for change.

Historic integrity: reflects how well the current conditions of the land and structures mirror Civil War era conditions

Historic significance: reflects the level of involvement of the land in the battles

Potential for change: predicts whether the condition of the land is likely to change from undeveloped or minimally developed to developed in the near future. Issues like zoning, access, and participation in an agricultural and forestal district are relevant. Parcels significantly affected by 100-year floodplain (75% or more) are considered to have little development potential.

Other factors taken into consideration in the ranking of parcels include: parcel size, proximity to land already protected, presence of a historic resource on the National Register of Historic Places, and presence of a historic resource that figured prominently in battle events.

The ranking system assigns points to each parcel based on a maximum potential total of 70 points. Most of these points are assigned under the three major criteria integrity, historic significance, and potential for change. The preservation value ranking system, with guidance on how points are assigned, is found in Appendix A.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 5 - 1

Cross Keys and Port Republic Battlefields Preservation Plan

5.2 Preservation Recommendations

5.2.1 Parcel-Specific Recommendations

The preservation value ranking system was applied to all parcels within the two battlefields. Then specific preservation tools were recommended for each highly ranked parcel in the core and field of fire areas generally on the following basis:

The preservation recommendations for each parcel described above are the ideal ones to achieve the preservation goals established by the Steering Committee. Given that the Battlefield Foundation and Rockingham County will only purchase land or easements from willing sellers, these ideal tools may not be achievable. Therefore, 2nd, 3rd and 4th level tools of descending preference are also identified. In most cases, if fee simple or easement acquisition cannot be achieved, the back-up preservation method at the 3rd or 4th level is the agricultural and forestal district.

Tables 5.2 and 5.3 present these parcel-specific preservation recommendations for Cross Keys and Port Republic, respectively. Recommendations are keyed to maps, Figure 5.1 and Figure 5.2, outlining areas of the battlefields. It should be noted that some parcels in the field of fire or core area did not rank very high in preservation value, primarily because they were small, already developed parcels. These latter parcels were not assigned a preservation recommendation in Table 5.2 or 5.3.

5.2.2 Preservation Recommendations for Entire Battlefields

The remainder of parcels within the study areas of the battlefields as well as all the parcels in the core and field of fire areas (in other words, all parcels on the battlefields) are recommended for the following additional preservation techniques.

• Easement donation from any interested donor offering land with preservation value • Agricultural and forestal districts for qualifying agricultural and forested parcels • Policies in the Rockingham County Comprehensive Plan regarding the preservation of Cross Keys and Port Republic Battlefields. • A new battlefield zoning district to be applied to all lands currently zoned A-1 or A-2 within the entire study area of each battlefield and outside the battlefields within 1,000 feet of the study area boundary. The 1,000-foot area approximates the foreground viewshed as further described in Section 6.4. • Eventual nomination of the study areas of each battlefield for the National Register of Historic Places and the Virginia Landmarks Register. • An agricultural support program initiated by Rockingham County throughout the county’s agricultural areas, which would benefit farmers on the battlefields.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 5 - 2

Cross Keys and Port Republic Battlefields Preservation Plan

• Voluntary design guidelines developed by the Battlefields Foundation to advise landowners in siting new buildings and uses on the battlefield. If funding can be secured, the Battlefields Foundation should also provide a design consultation service to help landowners apply the guidelines.

The preservation tools recommended for the entire battlefield areas are proposed in a spirit of cooperation and partnership with battlefield landowners. Initial comments from landowners attending public input forums were that these preservation tools, to be applied battlefield-wide, would be acceptable as long as battlefield landowners were involved in their crafting.

Some of the battlefield-wide preservation recommendations are by definition or by law voluntary. Donations of easements would, of course, be voluntary. The Virginia Agricultural and Forestal Districts Program is set up as a voluntary program by Virginia law. The agricultural support program is intended to be like current extension programs. Assistance would be available, but not mandatory.

With regard to nomination of the two battlefields to the National Register of Historic Places and the Virginia Landmarks Register, the Battlefields Foundation hopes eventually to seek such designation of all the battlefields in the National Historic District if substantial landowner support can be obtained.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 5 - 3

Cross Keys and Port Republic Battlefields Preservation Plan

Table 5.2: Preservation Area Recommendations for Core Area of Cross Keys Battlefield Area Ideal tool Option 2 Option 3 Option 4 1.A. Fee simple donation Easement donation (with Ag District public access) 1.B. Fee simple acquisition Easement acquisition Ag District 1.C. Fee simple acquisition Easement acquisition (with Ag District façade easement on structures) 1.D. Easement acquisition Ag District (with façade easement & public access) 1.E. Easement acquisition Ag District 2.A. Fee simple acquisition Easement acquisition (with Ag District public access) 2.B. Easement acquisition Ag District 2.C. Easement acquisition Easement acquisition (no Ag District (with public access) public access) 2.D. Easement acquisition Ag District 2.E. Fee simple acquisition Easement acquisition (with Easement Ag public access) acquisition District (no public access) 2.F. Easement acquisition Easement acquisition (with Easement Ag (with façade easement façade easement) acquisition District & public access) 2.G. Easement acquisition Ag District 3.A. Voluntary advisory design guidelines Other Easement donation Ag District Parcels * Note: * Other parcels includes all parcels in the core or study area not designated by a number/letter on Figure 5.1.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 5 - 4

Cross Keys and Port Republic Battlefields Preservation Plan

Figure 5.1 Cross Keys Preservation Areas

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 5 - 5

Cross Keys and Port Republic Battlefields Preservation Plan

Table 5.3: Preservation Area Recommendations Port Republic Battlefield Area Ideal tool Option 2 Option 3 Option 4 1.A. Easement acquisition Fee simple acquisition Ag District (with public access) 1.B. Easement acquisition Fee simple acquisition Ag District (with public access) 1.C. Easement acquisition Fee simple acquisition Ag District (with public access) 1.D. Easement acquisition Ag District 1.E. Easement acquisition Ag District 2.A. Voluntary advisory design guidelines 2.B. Easement acquisition Ag District (with façade easement on historic structures) 2.C. Easement acquisition Ag District Other Easement donation Ag District Parcels * Note: * Other parcels includes all parcels in the core or study area not designated by a number/letter on Figure 5.2.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 5 - 6

Cross Keys and Port Republic Battlefields Preservation Plan

Figure 5.2 Port Republic Preservation Areas

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 5 - 7

Cross Keys and Port Republic Battlefields Preservation Plan

Since Rockingham County is currently considering an update to its comprehensive plan, it is appropriate to include policies within the plan that support this preservation plan. The following specific strategies and policies are recommended to implement the plan’s Goal 12:

Goal 12. Preserve Historic Buildings and Sites

Strategy 12.2: Support the preservation of the Cross Keys and Port Republic battlefields

Policies and Implementation Actions:

12.2.1. Continue to plan and zone the battlefield areas for agricultural use

12.2.2. Refrain from extending water and sewer service into the battlefields area

12.2.3. Refrain from constructing new roads and major improvements to existing roads that would significantly adversely impact the battlefields

12.2.4. Identify the battlefields as historic preservation areas appropriate for the application of preservation measures, such as: - Purchase of development rights (land and easements) - Nomination to the National Register of Historic Places and the Virginia Landmarks Register - Adoption of a battlefield zoning district with design guidelines or standards - Promotion of the creation and expansion of agricultural and forestal districts

The new battlefield preservation zoning district, recommended above for inclusion in the comprehensive plan’s set of battlefield preservation measures, was supported in concept by those participating in the preservation planning process even though zoning is not a voluntary preservation method. Once applied, its provisions would become law and compliance would be required. Rockingham County would need to spearhead the effort to develop a new battlefield preservation zoning district to be included in the county zoning ordinance.

This plan proposes that the county develop this zoning district cooperatively with landowners. Possible provisions in the new district, as described more generally in Section 4.2.3, include the following:

• Permitted uses to include: • agricultural uses: agriculture, animal husbandry, domestic animals, silviculture, orchard • residential uses: single-family dwelling or manufactured home permitted uses according to the same regulations as in the A-1 (Prime Agriculture) zone • park and recreation uses: park, pond, lake, pedestrian trail, walkway, bikeway, playground, or bridle path (public or private) • other uses: storage of agricultural products (per A-1 regulations)

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 5 - 8

Cross Keys and Port Republic Battlefields Preservation Plan

• Special uses to include: • agricultural uses: greenhouse, game farm, aquaculture, fish hatchery, nursery operation, intensive poultry facility, intensive hog facility, dormitory housing for farm workers • residential uses: single-family dwelling/manufactured home special uses per A-1 zone • commercial / industrial uses: wayside stand, slaughterhouse (per A-1 regulations), water filling station, water hauling, railroad station, handicrafts and cottage industries • tourism uses: bed & breakfast, country inn, rustic retreat or camp, campground, reenactment area, festival area, museum, tourist information facility, demonstration farm, riding stable and instruction, wayside pull-offs, historic monuments and markers • other uses: church, cemetery, hunting and fishing club

Area regulations would be the same as those in the A-1 zone. Provisions of the subdivision ordinance that apply to A-1 would also apply to the new battlefield zoning district.

In crafting the new battlefield zoning district, the county may find it fruitful to consult with other counties in Virginia where rural historic districts have been created. The Preservation Alliance of Virginia’s 1996 publication, Virginia’s Rural Historic Districts, documents the twelve districts and contains valuable information on regulatory approaches being used to protect them.

Finally, the Battlefields Foundation plans to develop design guidelines and a design consultation service to help landowners ensure that their new buildings and structures are compatible in design with battlefield preservation. Under this preservation plan, design guidelines and consultation assistance are to be promoted, but not required. Sample design guidelines are provided in Figures 5.3 and 5.4.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 5 - 9

Cross Keys and Port Republic Battlefields Preservation Plan

Figure 5.3 Sample Design Guidelines – Building Siting, Landscape Elements

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 5 - 10

Cross Keys and Port Republic Battlefields Preservation Plan

Figure 5.4 Sample Design Guidelines – Building Form

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 5 - 11

Cross Keys and Port Republic Battlefields Preservation Plan

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 5 - 12

Cross Keys and Port Republic Battlefields Preservation Plan

6.0 Management Issues

Land management is closely related to land preservation. Steering Committee members and citizens expressed concerns in meetings and public forums that preserved lands and the tourists that visit them be managed to limit adverse environmental and social impacts. Management of preserved battlefield land will consist primarily of cultural resource management, landscape management, access / visitor management, and view management.

6.1 Cultural Resource Management

The National Park Service (NPS) provides guidance for the management of battlefield land in the publication Guidelines for the Treatment of Cultural Landscapes43. Using these guidelines, property owners can implement the Secretary of the Interior’s Standards for the Treatment of Historic Properties. The Battlefields Foundation will use these standards and guidelines to govern management of land it owns or leases on the battlefields and recommends that its partners do the same.

A cultural landscape is “a geographic area (including both cultural and natural resources and the wildlife or domestic animals therein), associated with a historic event, activity, or person or exhibiting other cultural or aesthetic values.” NPS defines four types of cultural landscapes: historic designed landscapes, historic vernacular landscapes, ethnographic landscapes and historic sites. Battlefields are included in the historic site category: “a landscape significant for its association with a historical event, activity or person.”

The guidelines recommend that the owner of a historic site prepare a cultural landscape report before undertaking any work on the site, such as the construction of an access road, parking lot, or building or the renovation of a structure. The cultural landscape report documents a process for determining the best way to preserve the historic values of the site. It includes: historical research; inventory and documentation of existing conditions; site analysis and evaluation of integrity and significance; development of a cultural landscape preservation approach and treatment plan; development of a cultural landscape management plan and management philosophy; development of a strategy for ongoing maintenance; and, preparation of a record of treatment and future research recommendations. 44

At the heart of the cultural landscape report is the development of a preservation approach and treatment plan. There are four primary treatments identified in the Secretary of the Interior’s Standards for the Treatment of Historic Properties. They include:

43 NPS. 1996. Guidelines for the Treatment of Cultural Landscapes. Washington, DC. Cited hereafter as NPS. 44 NPS, pp.4-5.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 6 - 1

Cross Keys and Port Republic Battlefields Preservation Plan

1. preservation; 3. restoration; and 2. rehabilitation; 4. reconstruction.

Preservation is often the first treatment examined because it involves the least change and is most respectful of the existing historic character. As one progresses down the list, more intervention is involved, requiring more change to the historic fabric. Selection of the best treatment for a site is based on many factors, including management and interpretation objectives, the period of significance (in this case the year 1862), the integrity of the site, and the conditions of landscape features. Before selecting a treatment, adequate research must be done to understand the historic values of the property.45

Some examples will help the reader understand how this cultural landscape preservation and management approach might apply to land owned by the Battlefields Foundation at Cross Keys and Port Republic. For example, Preservation Area 2.E. on Cross Keys battlefield is recommended for fee simple acquisition (please see Figure 5.2 on page 5-5). It is thought to contain remnants of the old Port Republic Road, the alignment present in 1862. Prior to undertaking improvements to this property, the cultural landscape preservation planning process would involve historical research about this land and field investigations to determine if remnants of the road and any other historic or archeological resources are present. Then a treatment plan would be developed to determine whether the old road should be:

• preserved as is, perhaps as only a subtle trace in the landscape; • rehabilitated (perhaps it is experiencing erosion and needs to be stabilized for use as a trail); • restored (made to look as it did in 1862); or • reconstructed (because no trace of the road is left).

Another example is Preservation Area 1.A. on Port Republic battlefield (please see Figure 5.2 on page 5-7). A farmstead is located on the property that was built in 1920. After research and documentation of these historic structures and the changes made from the 1862 landscape, a treatment plan would be developed. The treatment plan could prescribe that the structures be:

• preserved as is, as an example of a 1920s farmstead; • rehabilitated for another use, perhaps as a visitors center; • demolished and the landscape restored to its condition in 1862 without structures; or • demolished and any structures present in 1862 that are no longer present could be reconstructed, if adequate documentation exists.

45 Birnbaum, Charles A. 1992. Protecting Cultural Landscapes. Washington, DC: NPS Preservation Brief 36, p. 10.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 6 - 2

Cross Keys and Port Republic Battlefields Preservation Plan

A similar situation occurs on the Antietam battlefield, where there is a turn-of-the- century farm complex of high historic integrity. NPS decided to preserve the later era farm, rather than demolish it and restore the Civil War era landscape.46

Decisions regarding treatment options are very complicated. Professional debate continues about how to balance the need for a “landscape frozen in time,” such as it would have been at the time of the battle, and the need to represent the “evolving cultural landscape,” which may now include other significant resources unrelated to the battle.

The addition of modern facilities, like parking lots and access roads, does not comport with any of the four cultural landscape treatments. In the past, NPS often placed visitors centers, roads, and parking lots on their battlefields, now current preservation philosophy and NPS policy promote off-site locations for such non-historical intrusions. However, pull-offs from existing roads, small parking areas, and interpretive signs are often located on battlefields for the safety and convenience of the public.

6.2 Landscape Management

Landscape management is addressed by the cultural landscape planning and management process described under Section 6.1. However, based on issues brought up by the public, some special issues related to vegetation management further discussed here.

The cultural landscape report must address all features in the landscape, not just historic structures and artifacts. The topography and vegetation of the era are also studied as part of the cultural landscape. Through historical research, the planning process determines areas that were wooded versus areas that were open and/or farmed in the period of interest. Crops grown and livestock pastured can be determined from maps and eyewitness and other historical accounts. Treatment plans can include any of the four treatments that are appropriate.

Often restoration of the vegetation of the period is recommended. For instance, Frederick County recommended restoration of woodlands on the Third Winchester battlefield that existed at the time of the battle because those woodlands played a role in the battle history.47 Cultural landscape reports prepared for lands at Cross Keys and Port Republic should also address period landscape vegetation features. Appendix A contains a list of plant species for the Shenandoah Valley that are recommended for use in restoring fields and woodlands to period conditions and for creating visual screening buffers where needed to screen undesirable views.

An important element of the cultural landscape report is management and maintenance section. This section would address some of Rockingham County’s citizen concerns regarding the maintenance of open fields and the eradication of invasive alien (non- native) species. The management and maintenance plan should address methods to keep

46 NPS, page 7. 47 Frederick County Department of Planning and Development. 1999. Third Winchester (Opequon) Battlefield Preservation Plan. Winchester, Virginia: Frederick County.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 6 - 3

Cross Keys and Port Republic Battlefields Preservation Plan

fields that are desired to remain open free from successional plant species. Mowing schedules should be set to prevent the growth of woody species like cedars and the invasion of non-native weeds. Appendix B of this plan contains a list of invasive alien plant species common to the Shenandoah Valley that should be eradicated or kept in check. An alternative to mowing is allowing the land to be used as pasture or cropland. The Battlefield Foundation plans to lease its land to local farmers, thereby keeping it maintained and in production. Visitor access to crop and pasture lands would have to be controlled.

6.3 Access and Visitor Management

A number of landowners and citizens at public meetings expressed concern that visitors to the battlefields might trespass on private property. They also expressed concerns about being overwhelmed with visitor traffic. They do not want to become a Gettysburg.

6.3.1 Access Management

Access management could be achieved through a combination of fencing, natural landforms, signs, and notification. All properties that are purchased in fee simple or where a visitor access easement has been granted will be fenced, unless a natural barrier performs the function of access control. An example of a natural barrier would be a river (e.g., the North River, South River, or South Fork of the Shenandoah) or a stream and bluff situation (e.g., the bluff along the creek between Battlefield and Artillery roads). Existing fencing may be left in place or period fencing (split rail) may be installed. Unobtrusive signs will mark public battlefield boundaries at strategic locations. Brochures distributed to visitors will direct visitors to stay on public lands and trails.

6.3.2 Visitor Management

The visitor projections provided in Chapter 3.0 indicate that initial increases in visitation to the battlefields are not expected to be large, only 220 additional people or approximately 55 additional cars per day in the peak summer months. However, the battlefields may prove to be more popular than expected and exceed initial expectations later in the century.

The Battlefields Foundation plans to develop a visitor management plan for the entire National Historic District. An orientation center is planned to serve Cross Keys and Port Republic each of the other four battlefield clusters. These orientation centers will be located outside the battlefields and are projected to be in place by 2005 to 2006. Signs will lead visitors to these centers from Interstate 81 and other major thoroughfares. The centers will have systems to manage visitation. Connected by computer, center staff will monitor the number of visitors coming through the centers. If one or more battlefields appears to be crowded based on center visitation, visitors will be directed to other battlefields. Eventually, if visitation becomes high throughout the Valley, visitors will be directed to bus tours and discouraged from using private vehicles. A similar system has been established at Harper’s Ferry.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 6 - 4

Cross Keys and Port Republic Battlefields Preservation Plan

6.4 View Management

Computer viewshed studies were performed by Rockingham County during the preparation of this plan. In mapping the viewsheds, it was discovered that very large areas at short, medium, and long distances are visible from roads and parcels in the battlefields. In fact, anyone looking up from the road briefly while driving through the area can confirm this in person. The landscape is very open. It will be impossible to manage all the views from the battlefields. Management of foreground views is probably the most feasible.

In addition, in the process of attempting to map viewsheds, the limitations of Rockingham County’s computer software became apparent. Viewshed maps generated from both points and from lines (roadways) obviously did not accurately represent what a viewer from those points or lines could see, particularly in the foreground. The maps would not provide a good basis for establishing a zoning district boundary to cover both the battlefields and their viewsheds. Therefore, instead of using viewshed maps, the steering committee decided that a foreground view estimate of 1000 feet would be workable until the County was able to perform more accurate viewshed analyses.

Views on and near the battlefields are therefore recommended be managed through the application of a new battlefield zoning district on the battlefields and land within 1,000 feet of the study area boundaries. Design guidelines will be developed to show landowners how to protect views from battlefield roads and protected properties. The Battlefields Foundation plans to offer a design consultation service, depending on funding, to help landowners protect the views.

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 6 - 5

Cross Keys and Port Republic Battlefields Preservation Plan

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 6 - 6

Cross Keys and Port Republic Battlefields Preservation Plan

7.0 Potential Partners in Preservation, Interpretation, and Management

The Battlefields Foundation and Rockingham County initiated the preparation of this preservation plan. They will be key players in implementing the plan and following up with interpretation and management efforts. However, successful implementation will come about only if many organizations and individuals are involved.

Landowners, of course, will play an essential role in all preservation efforts, as will local citizens with an interest in history and battlefields. The Steering Committee recommends that an on-going group of local landowners and citizens be established to work with the Battlefields Foundation and the county on battlefield preservation, interpretation, and management activities.

Other preservation and conservation organizations are already involved in preserving land on the battlefields, including the Civil War Preservation Trust, the Lee-Jackson Foundation, The Conservation Fund, and the Virginia Outdoors Foundation. These organizations will also be involved in plan implementation in coordination with the SVBF and the County. The following table identifies an array of potential partners and their possible roles in the preservation, interpretation and management of the battlefields.

Table 7.1: Preservation Partners and Their Roles in Plan Implementation Role / Activity Potential Partners Leadership in preservation, Shenandoah Valley Battlefields Foundation (SVBF), interpretation, and management local battlefields group

Land and easement acquisition SVBF, Rockingham County, Civil War Preservation Trust (CWPT), The Conservation Fund (TCF), Virginia Outdoors Foundation (VOF), Valley Conservation Council (VCC), Society of Port Republic Preservationists (SPRP), National Park Service (NPS), willing sellers/donors Planning and zoning support Rockingham County

Agricultural and forestal districts SVBF, VCC, Rockingham County, farmers

Agricultural support programs Rockingham County, Virginia Cooperative Extension, Farm Bureau, American Farmland Trust (AFT), farmers National Register of Historic Places / SVBF, Virginia Department of Historic Resources Virginia Landmarks Register (DHR) nomination

Design guidelines / design SVBF, Rockingham County, NPS consultation

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 7 - 1

Cross Keys and Port Republic Battlefields Preservation Plan

Table 7.1: Preservation Partners and Their Roles in Plan Implementation (continued) Role / Activity Potential Partners Interpretation SVBF, CWPT, NPS, SPRP, local historians

Battlefield park development & cultural SVBF, CWPT, NPS resource, landscape, access/visitor & view management

Visitor services / tourism promotion SVBF, NPS, Harrisonburg – Rockingham Convention and Visitors Bureau, Shenandoah Valley Travel Association, Virginia Tourism Corporation (VTC)

Funding SVBF, NPS, DHR, Virginia Department of Conservation and Recreation, Virginia Department of Transportation, VTC, Rockingham County, CWPT, TCF, AFT, other sources

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 7 - 2

Cross Keys and Port Republic Battlefields Preservation Plan

8.0 Action Plan

Phase I

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 8 - 1

Cross Keys and Port Republic Battlefields Preservation Plan

Phase II

A. Organization (Joint Effort of SVBF and Rockingham County) • Review organizational structures for appropriate adjustment

B. Land Preservation • Battlefields Foundation • Continue to explore all funding sources for land and easement acquisition on the battlefields • Purchase land and easements using the preservation recommendations of Table 5.2 and 5.3 as a guide • Secure funding for and offer a design consultation service to landowners wishing to subdivide land, build new structures and facilities, and add to existing structures and facilities • Rockingham County • Adopt a new battlefield zoning district • Explore options for an agricultural support program countywide • Promote and support the appropriate creation of and additions to agricultural and forestal districts on the battlefields

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 8 - 2

Cross Keys and Port Republic Battlefields Preservation Plan

E. Land Management (Battlefields Foundation) • Prepare cultural landscape reports and master plans for any fee simple properties acquired

Phase III

A. Organization (Joint Effort of SVBF and Rockingham County) • Review current organizational structures for appropriate adjustment

D. Visitor Services • Use visitor data collected at the visitor orientation center to refine preservation, interpretation, and management programs

E. Land Management (Battlefields Foundation) • Prepare cultural landscape reports and master plans for any fee simple properties acquired

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 8 - 3

Cross Keys and Port Republic Battlefields Preservation Plan

Rockingham County and the Shenandoah Valley Battlefields Foundation Page 8 - 4

Cross Keys and Port Republic Battlefields Preservation Plan

APPENDIX A

Preservation Value Ranking System

Rockingham County and the Shenandoah Valley Battlefields Foundation Page A - 1

Figure 5.1 Preservation Value Ranking System for Land on and Adjacent to the Battlefields (Maximum Total Points = 70) Category # Points Guidance for Point Assignment

Size 5 100 or more acres

(assign points for one applicable 4 50 to 99 acres range) 3 25 to 49 acres

2 10 to 24 acres

1 less than 10 acres

Proximity to Protected Land 5 Contiguous

(assign points for one applicable 3 Non-contiguous but in viewshed of protected land level) 0 Non-contiguous and outside viewshed of protected land

Integrity of Tract 20 Very High Integrity: Current uses mirrors Civil War conditions; historic structures / features still present; no non-contributing features on site; no non-contributing features (assign points for one applicable on adjacent properties level) 15 High Integrity: Current use mirrors Civil War conditions; historic structures / features still present; no non-contributing features on site; some non-contributing features on adjacent properties

10 Moderate Integrity: Current use mirrors Civil War conditions; historic structures / features still present; minor non-contributing features on site; some non-contributing features on adjacent properties

5 Low Integrity: Current use mirrors Civil War conditions; historic structures / features damaged or lost; non-contributing features on and off site, though not so extensive as to mar Civil War ambience

0 Lost: Current use does not mirror Civil War conditions; historic structures / features lost; high number of non-contributing features both on and off site

Category # Points Guidance for Point Assignment

Historic Significance 20 Highest Significance: Located in the core; contains large proportion of the field of fire Of the Land area During the Battle 15 High Significance: Located in the core; contains moderate proportion of the field of fire (assign points for one applicable area level) 10 Significant: Located in the core; contains little or no field of fire area

5 Moderate Significance: Located outside the core area, but inside the study area.

0 Lowest Significance: Located outside the study area, but within an identified viewshed

National Register of Historic 5 On the register Places 0 Not on the register

Important Battlefield 5 Structure or feature that figured prominently in battle events (headquarters, hospital, Historic Structure / Feature affected by battle, etc.)

0 No important battlefield structure or feature

Potential for Change 10 Highest: Zoned A-2; parcel abuts a public or private road

(assign points for one applicable 8 Moderately High: Zoned A-2; parcel does not abut a public or private road level) 6 Moderate: Zoned A-2; parcel included in an ag district (Note: parcels significantly impacted by 100-year floodplain 4 Moderately Low: Zoned A-1; parcel abuts a public or private road should be assigned 0 points) 2 Low: Zoned A-1; parcel does not abut a public or private road

0 Lowest: owned or under a perpetual easement by a preservation group

0 Lost: Developed; or zoned RS-1, RR-1, R-1, B-1, or other development zone; or surrounded by land already developed

Cross Keys and Port Republic Battlefields Preservation Plan

APPENDIX B Vegetation Management

Table B.1 Recommended Native Plant Materials for Use in Landscape Management

Warm Season Grasses for Fields

Big Bluestem Andropogon gerardii Little Bluestem Andropogon scoparius Side-Oats Gramma Bouteloua curtipenula Virginia Wild Rye Elymus virginicus Switchgrass Panicum virgatum Indiangrass Sorghastrum nutans Eastern Gamagrass Tripsacum dactyloides

Trees for Woodland Restoration

Virginia Pine Pinus virginiana Shortleaf Pine Pinus echinata White Oak Quercus alba Black Oak Quercus velutina Red Oak Quercus rubra Chestnut Oak Quercus prinus Black Walnut Juglans nigra Bitternut Hickory Carya cordiformis Pignut Hickory Carya glabra

Trees and Shrubs for Screen Buffers

Evergreen Tree Screen Eastern White Pine Pinus strobus

Accent Evergreen Trees Virginia Pine Pinus Virginiana Eastern Red Cedar Juniperus virginiana

Accent Deciduous Trees Red Maple Acer rubrum Eastern Redbud Cercis canadensis Downy Serviceberry Amelanchier arborea Common Witch Hazel Hamamalis virginiana

Rockingham County and the Shenandoah Valley Battlefields Foundation Page B - 1

Cross Keys and Port Republic Battlefields Preservation Plan

Table B.1 Recommended Native Plant Materials for Use in Landscape Management (Continued)

Shrubs White Fringetree Chionanthus virginicus Smooth Sumac Rhus glabra Arrowwood Viburnum dentatum Red Chokeberry Aronia arbutifolia Fragrant Sumac Rhus aromatica

Table B.2 Invasive Alien Plant Species Common to the Mountain and Valley Region of Virginia

Trees Tree-of-Heaven Ailanthus altissima

Vines Japanese Honeysuckle Lonicera japonica Kudzu-vine Pueraria lobata Oriental Bittersweet Clastrus orbiculatus

Shrubs Autumn Olive Elaeagnus umbellata Chinese Privet Ligustrum sinense Japanese Spirea Spiraea japonica Morrow’s Honeysuckle Lonicera morrowii Multiflora Rose Rosa multiflora Standish’s Honeysuckle Lonicera standishii Wineberry Rubus phoenicolasius

Herbs, Grasses and Sedges Bristled Knotweed Polygonum cespitosum Japanese Knotweed Polygonum cuspidatum Chinese Lespedeza Lespedeza cuneata Crown Vetch Coronilla varia Japanese Stilt Grass Microstegium vimineum Garlic Mustard Allaria petiolata Gill-over-the-ground Glechoma hederacea Johnson Grass Sorghum halapense Mile-a-minute Polygonum perfoliatum Purple Loosestrife Lythrum salicaria & Lythrum virgatum Spotted Knapweed Centaurea maculosa Short Fringed Knapweed Centaurea nigrescens Tall Fescue Festuca elatior

Rockingham County and the Shenandoah Valley Battlefields Foundation Page B - 2