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Federal Section 106, State Section 404
Federal Section 106
- Revised Section 106 Regulations - Effective 1/11/01
Section 106 of the National Historic Preservation Act of 1966 requires every Federal agency to "take into account"
how its activities will affect historic properties. State and local governments using federal assistance are also
required to comply with Section 106 Review.
- Preparing Agreement Documents
The Advisory Council on Historic Preservation has refined certain avoidance and mitigation measures almost
to the point of standardization. In order to simplify the preparation of NAE determinations, MOAs, and PAs, the
standard formats and descriptions of avoidance and mitigation measures have been compiled together with
background information and suggestions about when and how various formats and approaches can be used.
- Forms and reports for consultants can be found on our downloads page.
- National Historic Preservation Act
- The Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation
- A list of all federal laws related to cultural resources can be found on the National Park Service's website.
State Section 404
- Section 404 Review for Historic Structures
Section 9-8-404 of the Utah Code Annotated requires state agencies to "take into account" how its activities
will affect historic properties. Activities include construction, rehabilitation, demolition, licenses, permits, loan
guarantees, transfer of state property, etc.
- Historic District Act (Utah Code Annotated)
This act gives municipalities "the power to preserve, protect and enhance historic and prehistoric areas and sites
lying within their respective jurisdiction." Section 17A-3-1304 gives counties, cities and towns "the power to:
(1) acquire historical areas and sites by direct purchase, contract, lease, trade or gift;
(2) obtain easements and rights-of-way across public or private property to insure access or proper development
of historical areas and sites;
(3) protect historical areas and sites, and to insure proper development and utilization of lands and areas adjacent
to historical areas and sites;
(4) enter into agreements with private individuals for the prior right to purchase historical areas and sites if and
when said private individual elects to sell or dispose of his property."
- Forms and reports for consultants can be found on our downloads page.
Local
- Through the Utah Historic District Act and the CLG provision of the National Historic Preservation Act, counties,
cities and towns can enact historic preservation ordinances.
- A list of communities that have copies of their design guidelines on file at HB Owens Resource Center at the School
of Environmental Design, University of Georgia can be found on a website sponsored by the National Alliance of Preservation Commissions.
- Check out www.egroups.com/group/CertifiedLocalGovernment. This site is useful for communicating with
other CLG's. Historic District Commission members can bounce ideas off of one another, swap ordinances, view pictures of proposed projects and comment on them, take polls etc.
- Some communities we have worked with have aspired to preserve not only individual buildings but also entire neighborhoods of historic homes. Downzoning is the single most important step a city can take toward stabilizing
and revitalizing a neighborhood.
For more information contact:
State Historic Preservation Office (SHPO)
Chris Hansen at (801) 533-3561 or
Matthew Seddon at (801) 533-3555
Utah Division of State History
300 Rio Grande
Salt Lake City, Utah 84101
fax: (801) 533-3503