Information about Project Compliance and Section 106 Review for Consulting Parties and the Public

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Applicable Laws and Regulations

• Section 106 of the National Historic Preservation Act of 1966, as amended, and its implementing regulations 36 CFR Part 800, is the primary federal law regarding project review. 
• The Maryland Historical Trust Act of 1985, as amended, State Finance and Procurement Article §§ 5A-325 and 5A-326 of the Annotated Code of Maryland, is the applicable state law. 

To ensure consistency for projects with both federal and state involvement, MHT follows the Section 106 process in the review of state actions.  The Advisory Council on Historic Preservation provides useful online Section 106 guidance, archeology guidance, and offers formal training opportunities for Section 106 users. 

Certain local jurisdictions administer their own historic preservation review process.  Local reviews are handled independently from the Section 106 process, but may generate helpful information to inform Section 106 consultation.  MHT encourages state and federal agencies to coordinate the local review process in advance of Section 106 consultation, where applicable.  Contact the appropriate local jurisdiction for information on pertinent requirements.

What Projects Does MHT Review?

MHT reviews a wide range of activities that are conducted by state and federal agencies, as well as those projects seeking state or federal funds, permits or licenses.  These undertakings range from small to large scale projects and may include:  housing rehabilitation, transportation improvements, defense installation actions, bond bill projects, piers and bulkheads, new residential or commercial developments, mining projects, telecommunications facilities, recreation and parks, sewer and water improvements, and more. 

To find out if a project is subject to review, first contact the project sponsor to see if there is federal or state involvement.  Contact project review staff for the status of MHT review of a project.  

What is a Historic Property?

Maryland’s cultural heritage includes a diverse range of resources spanning over 12,000 years of human activity in Maryland.   Click here to learn more about Maryland’s cultural resources and MHT Research & Survey programs.  While MHT’s Inventory records thousands of historic buildings and archeological sites, the state and federal review process applies to those resources that meet certain criteria for significance.  Section 106 defines historic property as any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places.   An important part of the Section 106 consultation involves the identification of historic properties.

Common Misconceptions

There are several common misconceptions regarding Section 106 and MHT’s role in the review process.

If a project will adversely affect historic properties, does Section 106 stop a project? 

Section 106 does not prescribe an outcome or mandate the preservation of a cultural resource.  It does require the involved agency to consult with MHT, other relevant parties and the public to consider the project’s effects on historic properties and develop ways to avoid, reduce or mitigate any adverse effects.  Ultimately, the agency must balance multiple and often conflicting concerns to make sound project planning decisions.  Click here to learn about resolving adverse effects.

Does MHT review all developments in Maryland?

MHT only reviews those projects that are directly conducted by state or federal agencies or those that receive some type of state or federal funds, permits or licenses.  MHT reviews approximately 4,000 such projects each year.  MHT does not review developments undertaken with private funds or those that have no other state or federal involvement. 

Does MHT review all work on properties listed in the National Register of Historic Places? 

MHT only reviews work on properties listed in the National Register of Historic Places if the project entails state or federal agency involvement, if the property is subject to MHT easement, or if the owner is applying for state or federal rehabilitation tax credits.  Click here for more information about the National Register of Historic Places.

Useful Resources

MHT’s participation in project review is solely limited to those projects where there is state or federal agency involvement.  Yet public views are very important to guide project planning and decision making processes.   Some projects may be subject to review or controls under local jurisdictions.  Click here to learn more about resources In Your Community and ways to share your interests and concerns.   Other preservation advocacy organizations include the National Trust for Historic Preservation and Preservation Maryland.

Who do I Contact?

MHT’s Project Review and Compliance Unit staff, comprised of a team of archeologists and architectural historians, handle the review of projects and provide a wide range of technical assistance to program clients.  See the staff list to contact the appropriate person for your agency or geographic region.