Governing Statutes

This was the first law to provide general protection for cultural resources. It allows the President to protect important historic, cultural, and natural sites on federal land by designating them as national monuments. It also was one of the first laws to require permits for archaeological work and to prevent the unauthorized removal of artifacts.

The most important preservation law in the U.S. This law established the foundation for modern historic preservation in the United States. It created a national framework for identifying and protecting historic places, including the National Register of Historic Places and a partnership system between federal, state, and local governments. The law also requires federal agencies to consider how their actions may affect historic resources.

• Section 101 - 54 U.S.C. §302101: This section of NHPA establishes the National Register, the official federal list of historic properties and districts recognized for their significance in American history, architecture, archaeology, engineering, and culture. Listing in the National Register is primarily honorary but plays a key role in federal, state, and local preservation planning, including review under Section 106.
• Section 101 - 54 U.S.C. § 302503: This section establishes the Certified Local Government (CLG) program, which allows local governments to partner with states in carrying out historic preservation activities. CLGs must meet certain standards and, in return, receive access to funding, training, and a formal role in the federal review process.
• Section 106 - 54 U.S.C. §306108: This section requires federal agencies to review the effects of their projects on historic properties and to consult with stakeholders, including SHPOs like MHT. If a project may cause harm, the process helps identify ways to avoid, minimize, or mitigate those impacts. It does not stop projects, but ensures informed decision-making and consideration of historic resources.
• Section 110 - 54 U.S.C. §306101: This section requires federal agencies to be responsible stewards of historic properties they own or manage, including identifying, evaluating, and protecting those resources.

This law protects archaeological sites on federal and tribal lands by regulating excavation and prohibiting looting or unauthorized removal of artifacts. 

Native American Graves Protection and Repatriation Act (NAGPRA) applies to federal lands and institutions receiving federal funding (like the University of Maryland). It requires museums and federal agencies to return Indigenous human remains, funerary objects, and sacred items to affiliated federally-recognized tribes. It also sets rules for how these materials are handled if they are discovered during projects on federal or tribal lands.

This law requires state agencies to consult with MHT early in planning to determine whether a project could harm historic or archaeological resources. If impacts are identified, the agency and MHT work together to avoid or reduce harm (mitigation), with additional review steps if needed. In short, it ensures that state projects consider historic places, similar to the federal process under NHPA.

This law requires state agencies to identify and care for historic properties they own or oversee, in coordination with MHT. Agencies must avoid damaging or neglecting these resources, consider reusing historic buildings before building new ones, and plan for preservation when properties are transferred or changed. It also allows agencies to set conditions on permits, licenses, or funding to protect historic places. Overall, it ensures that historic properties are responsibly managed and preserved in state decision-making, consistent with the broader framework of NHPA.

Artifacts found on state land belong to the State and must be preserved. Human remains are treated separately—returned to descendants or affiliated groups when possible, or carefully managed and studied under strict rules.

You generally need a permit to dig up or remove artifacts from underwater archaeological sites on state-controlled land. Non-invasive activities are allowed, and limited hand collection may be permitted, but MHT regulates permits, can charge fees, and enforces the rules.

You need a permit to excavate or remove archaeological features from caves. Permits are issued to qualified individuals, with landowner consent required on private property, and artifacts found on private land belong to the landowner.

This section creates the Historic Revitalization Tax Credit Program, which provides state income tax credits for the rehabilitation of historic buildings.

• Competitive commercial projects apply through a competitive process and are scored based on factors like community impact and alignment with state priorities, with annual funding limits.
• The program also includes a small commercial category and a homeowner credit.

Projects may qualify for bonus credits for features like affordable housing, sustainability, or location in targeted areas.

This section establishes the MHT Loan Program, including provisions for interest rates, preservation easements, and program reporting. §5A-331 also allows MHT to transfer loan funds to qualified Maryland nonprofit organizations with demonstrated experience in restoring historic buildings and managing preservation projects. Both §5A-327 and §5A-331 cover the Historic Preservation Capital Loan Program.

This section establishes the competitive MHT Grant Program, to be awarded based on a site’s historical significance and urgency of need. This section covers this Historic Preservation Capital Grant Program.

This section enacts the African American Heritage Preservation Program to award competitive grants protect and share the African American experience in Maryland.

These sections outline the Historical and Cultural Museum Assistance Program, an initiative established to safeguard Maryland’s heritage by providing financial and technical support to local and nonprofit museums.

This section outlines how MHAA can designate and certify heritage areas, approve or reject management plans, provide financial support through grants, loans, and other assistance, and more.

In this section, duties for MHAA are outlined as setting standards and guidance for the program, coordinating state activities with heritage area goals, reviewing and helping resolve issues or conflicts, and reporting annually to the Governor and General Assembly on progress and future needs.