Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 71.00 - Protection Of Properties Included In The State Register Of Historic Places › Section 71.04 - Applicability and Coordination

Current through Register 1525, July 5, 2024
(1)
Projects Which Require Review
. Prior to any state body
			 undertaking a project, or any state body funding or licensing, in whole or in
			 part, a private project, the state body must notify the MHC of the project. A
			 private project proponent may provide notification, in which case a state body
			 need not provide notice to the MHC of the project. A state body does not have
			 to notify the MHC of a project which clearly does not have an area of potential
			 impact due to the nature of the project. Nevertheless, a state body must notify
			 the MHC if the nature and scope of a project is likely to impact a geographical
			 area and cause a change in the historical, architectural, archaeological, or
			 cultural qualities of a property, even if the project does not appear to affect
			 any State Register properties. The MHC shall determine whether State Register
			 properties exist within a project's area of potential impact. The MHC's review
			 shall not be limited to the subject matter of the funding or licensing, but
			 shall extend to the entire project. Any project for which the MHC receives
			 notice on or after December 5, 1988 shall follow and be reviewed under
			 950 CMR 71.00 for compliance
			 with M.G.L. c. 9, §§ 26 through 27C as amended by St. 1988, c. 254.
			 Any project for which the MHC received notice prior to December 5, 1988 shall
			 follow and be reviewed under M.G.L. c. 9, §§ 26 through 27C and
			 regulations thereunder as then in effect.
(2)
Coordination with Review
			 under Section 106 of the National Historic Preservation Act of 1966, as Amended
			 (
			 16 U.S.C.
			 470 )
. Section 106 of the
			 National Historic Preservation Act of 1966 requires Federal agencies to take
			 into account the effect of any federal undertaking on any district, site,
			 building, structure, or object that is included in or eligible for inclusion in
			 the National Register of Historic Places. Initiation of review under Section
			 106 of the National Historic Preservation Act of 1966 may be accomplished by
			 submission to the MHC of the Project Notification Form or Environmental
			 Notification Form required under
			 950 CMR 71.00. In the case of
			 projects which require review under Section 106 of the National Historic
			 Preservation Act, the documentation of no adverse effect, preliminary case
			 reports, and other reports prepared for the Advisory Council for Historic
			 Preservation may be submitted for review to the MHC under the provisions of
			 M.G.L. c. 9, §§ 26 through 27C. Such reports shall be reviewed for
			 adequacy under
			 950 CMR 71.00. Completed
			 project review under the National Historic Preservation Act of 1966 shall
			 ordinarily fulfill the requirements of compliance with M.G.L. c. 9,
			 §§ 26 through 27C, unless otherwise determined by the MHC.
(3)
Coordination with Review
			 under the Massachusetts Environmental Policy Act
. The
			 Massachusetts Environmental Policy Act (MEPA), M.G.L. c. 30, §§ 61
			 through 62H, and regulations promulgated thereunder (
			 301 CMR
			 11.00 ), require review and evaluation of projects in
			 order to disclose environmental impacts and find all feasible alternatives to
			 avoid damaging the environment, including historic properties. For projects
			 which require review under MEPA and M.G.L. c. 9, §§ 26 through 27C,
			 project proponents will find it most convenient to follow the procedures
			 outlined in
			 950 CMR 71.00 at the time
			 MEPA reports are filed. Project proponents should be aware that the categorical
			 inclusions and review thresholds which govern compliance to MEPA do not apply
			 to
			 950 CMR 71.00. Similarly, the
			 subject matter limitations which constrain MEPA do not constrain review under
			 M.G.L. c. 9. §§ 26 through 27C. Finally, consultation of the State
			 Register does not fulfill the state body's responsibilities to identify and
			 assess potential impacts to historic resources under MEPA.
(4)
Designation of Principal
			 State Body
. If a project requires the approval of two or more
			 state bodies, representatives from each state body shall meet with the MHC, and
			 the MHC may designate a state body to act as the principal under
			 950 CMR 71.00. The principal
			 state body shall take all actions necessary to comply with M.G.L. c. 9,
			 §§ 26 through 27C. Furthermore, if the MHC has completed review of a
			 project pursuant to a particular permit or funding approval from a state body,
			 subsequent permit or funding requirements from other state bodies shall not
			 trigger the MHC review process in regards to that particular project.
(5)
Coordination with the
			 Inventory of Historic and Archaeological Assets of the
			 Commonwealth
. The MHC's review under M.G.L. c. 9, §§ 26
			 through 27C applies only to properties listed in the State Register which were
			 included in the Inventory on or within 30 days following the earliest
			 submission of an application for building, demolition, special permit, a plan
			 under the provisions of M.G.L. c. 41, § 810, 81P or 81S, or an application
			 for a required state permit for the project. In other words, the MHC's review
			 to determine whether a project will have an adverse effect on State Register
			 properties is limited to a determination on State Register properties which
			 were included in the Inventory on or within 30 days after the first submission
			 of the above-referenced permits. For properties entered in the Inventory after
			 December 5, 1988, the MHC maintains a log indicating the date on which a
			 property was entered in the Inventory. To verify that the provisions of M.G.L.
			 c. 9, §§ 26 through 27c do not apply to a particular property, a
			 state body or private project proponent shall provide the MHC with
			 documentation that, before the date of inclusion of the property in the
			 Inventory, 30 days had expired after the earliest submission date for the
			 above-referenced permits.