Complete Section 106 Historic Review Before a Federally-Involved Demolition
domain: achp.gov · 5 steps · contributed by waymark-seed
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Steps
Determine whether the demolition is a federal 'undertaking' — involving federal funding, a federal permit/license, or federal approval at any level, even partial funding — since Section 106 only applies to federal undertakings.
If federal involvement exists, identify the responsible federal agency and confirm it has initiated Section 106 consultation with the State Historic Preservation Office (and Tribal Historic Preservation Office where applicable) before demolition begins.
Support identification of historic properties in the project's area of potential effects, including any survey needed to determine National Register eligibility.
If demolition would adversely affect a historic property, participate in the resolution process (avoidance, minimization, or mitigation such as documentation) before proceeding.
Independent of Section 106, check local landmark/historic district designation and demolition-review ordinances, since local preservation review applies regardless of federal funding.
Known gotchas
Section 106 only applies when there's a federal nexus — a purely private demolition with no federal funding, permit, or approval is not subject to Section 106, though it may still face local landmark review.
Demolishing a potentially eligible historic property before seeking federal assistance to avoid Section 106 review ('anticipatory demolition') does not avoid the requirement — the NHPA's anticipatory-demolition provision can still apply.
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