Section 106 and GS 121-12(a) Environmental Review
The Environmental Review Branch of the North Carolina Historic Preservation Office reviews and consults on Federal and State undertakings and their potential effects on Historic Properties in compliance with Section 106 of the National Historic Preservation Act of 1966 (NHPA), as amended, and NC GS 121-12(a).
FAQ
Defined under 36 CFR 800.16(l), historic properties are any prehistoric or historic district, site, building, structure, or object included in or eligible for inclusion in the National Register of Historic Places (NRHP). In our online map, HPOWEB, these properties are classified as Study Listed, Determination of Eligibility, National Register Listed, or National Historic Landmark.
This is not to be confused with a historical property which is simply anything over 50-years old and is otherwise Not Eligible for listing in the NRHP or has not been evaluated for listing in the NRHP.
In general, properties must be at least 50-years old or older and are significant in at least one of four Criteria.
- Criterion A: Event
- Criterion B: Person
- Criterion C: Design/Construction
- Criterion D: Information Potential
There are also Criteria considerations (A-G) for properties that have achieved significance within the last 50 years (younger than 50-years old) as well as property types (e.g. Cemeteries, birthplaces, properties owned by religious institutions or are used for religious purposes, moved, reconstructed, commemorative, etc.) that are typically excluded for consideration and evaluation.
National Register Bulletin 15: How to Apply the National Register Criteria for Evaluation
An Undertaking is defined under 36 CFR 800.16(y) as any project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including those carried out by or on behalf of a Federal agency; those carried out with Federal financial assistance; and those requiring a Federal permit, license or approval.
For Section 106, HPO and OSA reviews a project area to determine:
- The Area of Potential (APE) Effect (May be the same or larger than the project area/project limits)
- If further work, e.g. identification and evaluation, is required for above-ground (architectural) and below-ground (archaeological) cultural resources
- If existing identified properties and/or historic properties require further work/evaluation
- Eligibility for listing in the National Register of Historic Places for those properties
- Potential effects on historic properties
For more details please read: The Laws Behind Environmental Review
For NC GS 121-12(a) a property must already be listed in the National Register of Historic Places (NRHP) or is a National Historic Landmark for HPO and OSA to comment on potential impacts to historic Properties. If an Adverse Effect has been determined a letter of recommendations to mitigate those effects are provided to the North Carolina Historical Commission. A project subjected to Section 106 review is only reviewed under Section 106 and not both Section 106 and NC GS 121-12(a).
Information About the NC Historical Commission
For more details please read: The Laws Behind Environmental Review
Our 30-calendar day review period begins on the date of your email to our inbox. You will receive an email reply message stating that your project has been processed for review and will be provided with an ER Tracking #, e.g. ER 26-1234. If your submittal is missing any required deliverables this will delay the review of your project.
Please note, our office reviews and send letters on a First In, First Out basis, and processes on average 3,000 new projects per year, 500 projects still in review or require updated review, or about 300 projects per month.