For many project teams, the Section 106 historic preservation review process is one of the most confusing and time-consuming aspects of a HUD Environmental Review. Under the National Historic Preservation Act, federal agencies must consider the effects of their undertakings on historic properties. For HUD-funded projects, this means you must assess whether your project will impact buildings, sites, or districts that are listed on or eligible for the National Register of Historic Places.
Understanding this process is critical to keeping your project on schedule.
The Section 106 Consultation Process
The core of the Section 106 process is consultation with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO). This formal process involves several key steps:
1. Defining the Area of Potential Effects (APE)
First, you must define the geographic area in which your project could directly or indirectly cause changes to the character or use of historic properties. The APE is not just your project site; it may include adjacent parcels or the surrounding neighborhood.
2. Identifying Historic Properties
Next, you must identify any historic properties within the APE. This involves:
•Reviewing National Register and state/local historic inventories.
•Evaluating if properties not yet listed may be eligible for the National Register.
3. Assessing Adverse Effects
If historic properties are identified, you must assess whether your project will have an “adverse effect” on them. An adverse effect occurs when an undertaking may alter, directly or indirectly, any of the characteristics of a historic property that qualify it for inclusion in the National Register. This includes demolition, alteration, new construction, and even changes to the property’s setting.
4. Resolving Adverse Effects
If an adverse effect is found, you must consult with the SHPO/THPO to find ways to avoid, minimize, or mitigate the harm. This often results in a Memorandum of Agreement (MOA) that stipulates the agreed-upon measures, such as design changes, documentation, or other mitigation.
Common Pitfalls and How to Avoid Them
•Starting Too Late: The SHPO/THPO has a statutory 30-day review period for each submission. Begin consultation as early as possible.
•Inadequate APE: Defining the APE too narrowly is a common mistake that can lead to requests for additional information.
•Ignoring Indirect Effects: Effects are not just physical. Consider visual, audible, and atmospheric impacts on historic properties.
How AZ-RI Consultants Can Help
Navigating the Section 106 process requires expertise and a proactive approach. AZ-RI Consultants manages the entire consultation process for our clients, from defining the APE to negotiating mitigation measures. Our goal is to secure SHPO/THPO concurrence efficiently and predictably, ensuring your project’s historic preservation requirements are met without unnecessary delays.