Section 404 Review for Historic Structures

Section 9-8-404 of the Utah Code Annotated requires state agencies to "take into account" how their activities will affect historic properties. Activities include construction, rehabilitation, demolition, licenses, permits, loan guarantees, transfer of state property, etc.

WHAT DETERMINATIONS NEED TO BE MADE?

The state agency is required to consult with the State Historic Preservation Office (SHPO) on its determinations of eligibility and effect:

ELIGIBILITY refers to whether a structure is eligible for listing on the National Register of Historic Places. Properties already listed on the National Register are, of course, "eligible." Properties not yet listed are considered eligible if they meet the following criteria:

Age - 50 years old or older, and
Integrity - Retain most of their original appearance without major changes to the structures, e.g. synthetic siding, changes to window openings or roof line, major additions. Neglect does not necessarily mean the structure lacks integrity.

If the structure is 50 years old or older and has integrity, it would be determined an Eligible Historic Structure. If there are no structures on the site or if the structure is less than 50 years old or if the structure lacks integrity, this would be a determination of No Historic Properties, unless archeological sites are present.

In order to save the applicant time and money, the SHPO does not ask the agency to research the history of the property in order to prove historical or architectural significance. Simply agreeing on eligibility based on age and integrity has proved to be the most effective method for all concerned.

EFFECT refers to the impact the work being funded will have on the structure. Effect must be determined only for eligible properties. There are three possible effects:

No Effect - Only minor changes are being proposed, e.g., repairs, painting, plumbing, electrical, sidewalks, bathrooms, etc.
No Adverse Effect - More substantial work, e.g. replacing windows, porches, changing walls, etc. which fully meets the "Secretary of the Interior's Standards for Rehabilitation" (Standards).
Adverse Effect - Work which will damage or diminish the historic integrity of the structure, i.e., work which does not meet the "Secretary of the Interior's Standards for Rehabilitation," including the application of siding, substantial additions, inappropriate window or door replacement, demolition.

WHAT SHOULD BE SENT WHEN CONSULTING WITH THE SHPO?

A letter asking for the SHPO to concur with the state agency's determinations of eligibility and effect. The agency should make their own determinations and not ask the SHPO to make the initial evaluation.
Photograph(s) showing the any structure 50 years old or older and the areas which will be impacted by the work
A work description and any architectural drawings or specifications available for the project needed to fully explain the project.

WHAT HAPPENS AFTER THE SHPO REVIEWS THE PROJECT AND CONCURS WITH ONE OF THE FOLLOWING DETERMINATIONS?

No Historic Property or No Effect: You are finished with the Section 404 Review consultation process.
No Adverse Effect: You are finished with the Section 404 consultation
Adverse Effect: The agency enters into a "Memorandum of Agreement" (MOA) to mitigate the adverse effect. The MOA is signed by the agency and the SHPO. Usually, mitigation includes professional quality photographs, tax records, research documentation and drawings. The purpose is to record the historic appearance of the property before it is altered or demolished. Mitigation may also include work being done to the building. Once the MOA is signed, the documentation should be completed and accepted by the designated repositories before the project begins.

NEED MORE INFORMATION?

State Historic Preservation Office (SHPO)
Barbara Murphy at (801) 533-3563 or
Jim Dykman at (801) 533-3555
Utah Division of State History
300 Rio Grande
Salt Lake City, Utah 84101
fax:(801) 533-3503