Section 106 Requirements

Properties listed in the National Register, as well as those eligible for listing, are given special consideration in the planning of federally assisted or licensed projects. Section 106 of the National Historic Preservation Act of 1966, the same act that established the National Register program, requires that all federally funded, permitted, or licensed projects be reviewed before work commences to determine whether they will affect historic properties. Section 106 review is a routine part of the planning process for all federally-assisted projects. It occurs regardless of whether a property is in the National Register of Historic Places or not. Reviewers use the National Register of Historic Places criteria to evaluate properties that may be affected by the federal project. The review does not guarantee that the property will not be affected or even demolished, but it does ensure that there will be an opportunity to consider the effects of the project before it occurs.

Section 106 of the National Historic Preservation Act requires federal agencies (or in the case of Community Development Block Grant funds, the local government grantee) to consider the effect of their projects on historic properties. These projects can involve full or partial federal funding, transfer of ownership, licensing, or permits. As part of the review, the agency must consult with the State Historic Preservation Office (SHPO) to get its comments on the project's effect on historic properties.

It is the responsibility of the federal agency to provide information to the State Historic Preservation Office that (1) identifies historic properties, (2) assesses their eligibility for listing in the National Register of Historic Places, and (3) determines any possible effect that a project might have on listed or eligible properties. The State Historic Preservation Office reviews the information and responds by concurring, commenting, recommending further action, or requesting additional information.

According to the regulations, the State Historic Preservation Office has 30 calendar days from the day the information is received to respond. Each time new information is supplied, the 30 day period starts again. In order to avoid delays, submissions should be complete from the start.

The agency must provide the following information to the State Historic Preservation Office for ALL properties in the project area. The information should clearly explain what and where the project is, whether historic properties will be affected, and how that decision was made. 

* Identification of properties already listed in the National Register of Historic Places. The agency should identify the National Register status of properties in the project area. Properties can be buildings, structures, objects, archaeological sites, or groups of buildings or sites. The Ohio Historic Preservation Office has a searchable list of National Register properties in Ohio.

* Identification of properties that are eligible for listing in the National Register of Historic Places. The law applies to properties that are listed in or eligible for listing in the National Register of Historic Places. The agency should check local landmarks lists, existing surveys, the Ohio Historic Inventory, the Ohio Archaeological Inventory, and the National Register of Historic Places to see if historic properties have been identified in the project area. The agency should use the National Register criteria (explained in National Register Bulletin 15, available from the National Park Service or the Ohio Historic Preservation Office) to decide whether any properties in the project area are eligible for listing in the National Register of Historic Places.

* Photographs keyed to a map. Please do not submit photocopies or instant photos. The preferred format is 3"x5" color prints professionally developed or printed at high resolution. Photos should show the front, rear, and sides of the properties, the area surrounding the properties, and interiors, when part of the project. Also provide photos of the subject property taken from a sufficient distance to provide context.

* Maps showing the exact location of properties and the project area. Preferred formats are U.S. Geological Survey topographical maps or city plat maps. Maps should include a scale and be cross-referenced to the photographs. Street names should be legible. The area covered by the map should extend beyond the project in order to provide reference points and context.

* Information about the project. Please include a detailed description of the project. If the project is a rehabilitation, new construction, or addition and it may affect a historic property, also submit (1) rehabilitation specifications and (2) drawings, if they are available. Product information, such as manufacturers brochures, as well as cost estimates should be provided if they are relevant.

All of this information should be submitted to:

Mark Epstein, Department Head

Resource Protection and Review
Ohio Historic Preservation Office
567 East Hudson Street
Columbus, OH 43211-1030

If you have questions, contact the following Resource Protection and Review staff at (614) 298-2000.

Archaeology
Julie Quinlan 
David Snyder
Nathan Young

Architecture 
Lisa Adkins
Justin Cook

Transportation Projects
Thomas Grooms
Nancy Campbell

CDBG Projects
William Palmer

Please visit the Advisory Council on Historic Preservation and the National Historic Preservation Act of 1966, as amended, and codified in 36 CFR Part 800 or for more information about Section 106 requirements, contact the Ohio Historic Preservation Office .