fss-mini-rag-github/development-compliance-research/historic_preservation_guidelines.md

Historic Preservation and Cultural Resource Guidelines

Mixed-Use Development Projects

Section 106 Review Process

Project Review Triggers

Federal involvement requiring Section 106 review:

• Projects using federal funding (HUD, USDA, DOT)
• Federal permits required (Army Corps, EPA)
• Federal property or easements involved
• Projects on federal or tribal lands

Area of Potential Effects (APE):

• Direct effects: Property footprint and immediate adjacency
• Indirect effects: Visual, auditory, and atmospheric impacts
• Typically extends 0.25-0.5 miles from project boundaries

Historic Resource Identification

Properties requiring evaluation:

• Structures 50+ years old within APE
• Archaeological sites of any age
• Traditional Cultural Properties (TCP)
• Historic districts and contributing structures

National Register Criteria:

• Criterion A: Associated with significant historical events
• Criterion B: Associated with significant persons
• Criterion C: Distinctive architectural or engineering characteristics
• Criterion D: Potential to yield important archaeological information

State Historic Preservation Office (SHPO) Coordination

Required Documentation

Historic Structures Report:

• Architectural description and photographs
• Historical research and chain of title
• Statement of significance and integrity assessment
• Condition assessment and recommended treatments

Archaeological Survey Requirements:

• Literature and records search
• Field survey by qualified archaeologist
• Subsurface testing if surface artifacts found
• Report following state archaeological standards

SHPO Review Timeline

• Initial consultation: 30 days
• Historic structures assessment: 45-60 days
• Archaeological survey: 60-90 days
• Effect determination: 30 days
• Memorandum of Agreement (if adverse effects): 90-120 days

Tribal Consultation Requirements

Consultation Triggers

Projects requiring tribal consultation:

• Ground disturbance >1 acre within traditional territories
• Areas with known or potential sacred sites
• Projects near water bodies or burial grounds
• Traditional cultural landscapes

Consultation Process

Initial Contact: 30 days minimum before ground disturbance Required Information:

• Project description and location maps
• Area of potential effects documentation
• Preliminary archaeological findings
• Construction timeline and methods

Tribal Response Period: 45 days for formal consultation Follow-up Requirements:

• Site monitoring agreements
• Cultural sensitivity training for contractors
• Inadvertent discovery protocols

Local Historic District Requirements

Historic District Designation Levels

Local Historic Districts:

• Design review required for exterior modifications
• Certificate of Appropriateness for new construction
• Contributing vs. non-contributing property designations

National Register Districts:

• Tax incentive eligibility for rehabilitation projects
• Enhanced review for federally-involved projects
• Preservation easement opportunities

Design Review Standards

Secretary of Interior Standards for Rehabilitation:

1. Compatible use preserving historic character
2. Retention of distinctive architectural features
3. Recognition as contemporary intervention
4. Reversible alterations when possible

New Construction in Historic Districts:

• Compatible scale, massing, and proportion
• Complementary but distinguishable design
• Traditional materials encouraged
• Height limitations typically apply

Archaeological Protection Requirements

Survey Methodology

Phase I Archaeological Survey:

• Background research and records search
• Visual inspection and surface collection
• Systematic subsurface testing (shovel test pits)
• GPS mapping of all findings

Phase II Evaluation (if sites found):

• Intensive testing to determine significance
• Artifact analysis and dating
• Site mapping and feature documentation
• National Register eligibility assessment

Phase III Data Recovery (if necessary):

• Excavation of significant portions
• Comprehensive artifact and data analysis
• Final report and curation planning

Protection Measures During Construction

Site Avoidance: Preferred method for significant sites Protective Fencing: Around sensitive areas Archaeological Monitoring: During ground-disturbing activities Inadvertent Discovery Protocol: Stop work procedures if artifacts found

Mitigation and Treatment Options

Historic Structures

Preservation: Maintaining existing condition Rehabilitation: Adapting for contemporary use Restoration: Returning to specific historical period Reconstruction: Rebuilding non-surviving elements

Economic Incentives

Federal Historic Tax Credits (20%):

• Substantial rehabilitation of income-producing properties
• Must follow Secretary of Interior Standards
• Minimum $5,000 investment required

State Tax Credits (varies by state):

• Typically 10-25% of qualified expenses
• May apply to residential properties
• Can be combined with federal credits

Compliance Documentation and Reporting

Required Reports

Historic Resource Inventory:

• Property identification and descriptions
• Photographs and location maps
• Significance statements
• Integrity assessments

Effects Assessment:

• Direct and indirect impacts analysis
• Visual impact studies
• Cumulative effects consideration
• Mitigation recommendations

Regulatory Coordination

Multiple Agency Coordination:

• SHPO consultation ongoing throughout project
• Tribal consultation at key milestones
• Local historic preservation commission review
• Federal agency coordination (if applicable)

Construction Phase Requirements

Pre-Construction Activities

Cultural Resource Training: Required for all construction personnel Site Security: Fencing and access control for sensitive areas Monitoring Protocol: Archaeological oversight during excavation

Discovery Procedures

Inadvertent Archaeological Discovery:

1. Immediate stop work in discovery area
2. Notify project archaeologist within 4 hours
3. Contact SHPO within 24 hours
4. Secure area pending evaluation
5. Resume work only after clearance

Human Remains Discovery:

1. Immediate stop work and secure area
2. Notify law enforcement and coroner
3. Contact state archaeologist
4. Tribal notification (if applicable)
5. Follow state burial laws

Timeline and Cost Considerations

Typical Review Timelines

• Historic structures assessment: 2-4 months
• Archaeological survey (Phase I): 1-2 months
• SHPO review and consultation: 2-3 months
• Tribal consultation: 2-6 months
• Mitigation planning: 3-6 months

Budget Planning

Survey and Assessment Costs:

• Historic structures report: $15,000-40,000
• Phase I archaeological survey: $5,000-15,000 per acre
• Phase II evaluation: $25,000-75,000 per site
• Phase III data recovery: $100,000-500,000 per site

Mitigation Costs:

• Historic structure stabilization: $50-150 per square foot
• Archaeological data recovery: $150,000-1,000,000
• Monitoring during construction: $1,500-2,500 per day

Best Practices and Risk Management

Early Consultation Benefits

• Identifies issues before design finalization
• Allows for project modifications to avoid impacts
• Builds relationships with reviewing agencies
• May qualify for streamlined review processes

Risk Mitigation Strategies

• Conduct preliminary assessments during due diligence
• Include contingencies in project budgets and schedules
• Maintain ongoing communication with regulatory agencies
• Consider alternative sites if significant resources present