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 71.07 - Review of Projects

Current through Register 1525, July 5, 2024
(1)
State Body Responsibilities
. 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,
			 unless the project clearly does not have an area of potential impact due to its
			 nature. Furthermore, the notice should be given to the MHC as early as possible
			 in the planning process of a project, and must be given before a state body
			 takes action or makes a decision which forecloses alternatives that could
			 eliminate, minimize, or mitigate adverse effects, or limits the MHC's ability
			 to comment or consult. A private project proponent may notify the MHC. A state
			 body may direct all its grantees or licensees to provide the MHC with the
			 required notice. In notifying the MHC, a state body or private project
			 proponent may either complete an Environmental Notification Form as required
			 under MEPA, or a Project Notification Form provided by the MHC. The
			 notification form shall be completed with the most accurate and comprehensive
			 information available. The form shall adequately document the information
			 necessary for the MHC to make an informed and reasonable determination of the
			 effect of a proposed project on State Register Properties.
(2)
MHC
			 Responsibilities
. The MHC will issue a written determination of
			 effect within 30 days of receipt of an adequately documented Project
			 Notification Form or Environmental Notification Form.
(a)
Identification of State
			 Register Properties
. Within 30 days of receipt of an adequately
			 documented Project Notification Form or Environmental Notification Form, the
			 MHC shall consult the State Register to determine whether State Register
			 properties exist within a project's area of potential impact. If the MHC
			 concludes that no State Register properties exist within a project's area of
			 potential impact, the MHC will document this conclusion and so inform the state
			 body or the private project proponent in writing.
(b)
Determination of Adverse
			 Effect
. For each State Register property that is located within a
			 project's area of potential impact, the MHC shall apply the Criteria of Adverse
			 Effect to determine whether the project will have an adverse effect upon the
			 historical, architectural, archaeological, or cultural characteristics of the
			 property that qualified it for inclusion in the State Register. The MHC shall
			 make such determination in writing, specifying the reasons for the adverse
			 effect finding.
1.
No
			 Effect
. The MHC may determine that a project will have no effect
			 on the characteristics of a property that qualified it for inclusion in the
			 State Register, and shall make such determination in writing. Upon receipt of
			 the MHC's determination that a project will have no effect, the state body may
			 proceed with the project, or in the case of a private project, may proceed with
			 the funding or licensing of such project.
2.
Determination of No Adverse
			 Effect
. The MHC may determine the effects of a project on the
			 historical, architectural, archaeological, or cultural characteristics of the
			 property are not adverse, and shall make such determination in writing. Upon
			 receipt of the MHC's determination that a project will have no adverse effect,
			 the state body may proceed with the project, or in the case of a private
			 project, may proceed with the funding or licensing of such project.
3.
Determination of Adverse
			 Effect
. The MHC may determine that the effects of a project on the
			 historical, architectural, archaeological, or cultural characteristics of the
			 property are adverse, and shall make such determination in writing, specifying
			 the criteria of adverse effect that are met by the project. The MHC, the state
			 body, and the project proponent shall immediately proceed with the consultation
			 process.
(c)
Other Historical and Archaeological Assets
. In
			 reviewing a Project Notification Form or an Environmental Notification Form,
			 the MHC shall consult the Inventory to determine whether properties not listed
			 in the State Register exist within the project's area of potential impact. If
			 the Inventory indicates that historic properties not listed in the State
			 Register exist within the project's area of potential impact, the MHC will so
			 notify the state body and the project proponent. To the extent feasible, the
			 MHC will notify the state body and the project proponent whether such property
			 will be listed in the State Register prior to the conclusion of the project
			 review under
			 950 CMR 71.00. The MHC shall
			 encourage the state body and the project proponent to eliminate, minimize, or
			 mitigate adverse effects to properties included in the Inventory.
(d)
Failure to Request the
			 Comments of the MHC
. Any person may advise the MHC of projects
			 that threaten State Register properties and appear to involve a state body. The
			 MHC may investigate these matters. If there is state body involvement, the
			 state body shall fulfill its responsibilities under
			 950 CMR 71.00. The MHC will
			 exercise its authority to comment to the state body even though written
			 notification has not been received.
(e)
Suspension of
			 Action
. Until the MHC issues its comments pursuant to
			 950 CMR 71.00, the state body
			 and project proponent shall not undertake or sanction any action or make any
			 irreversible commitment that could result in an adverse effect on a State
			 Register property or would foreclose the consideration of modifications or
			 alternatives to the proposed project that could eliminate, minimize, or
			 mitigate such adverse effects.
(f)
Failure of the MHC to Make a Determination
. If the MHC
			 fails to make a determination of adverse effect within 30 days of receipt of an
			 adequately documented Project Notification Form or Environmental Notification
			 Form, the state body may proceed with the project, or in the case of a private
			 project, may proceed with the funding or licensing of such project.
(g)
Project Changes
.
			 If after the MHC completes the review of a proposed project, the project
			 substantially changes, the project proponent shall promptly notify the MHC and
			 request a new MHC review and determination based upon the project changes. The
			 MHC shall conduct the review process to determine whether the project changes
			 will have any adverse effect on State Register properties. The MHC must make a
			 determination of effect within 30 days of receipt of notification. If the MHC
			 makes an adverse effect determination, the MHC, the state body, and the project
			 proponent shall immediately proceed with the consultation process. A project's
			 substantial change, requiring additional MHC review, shall consist of any
			 changes which could reasonably be expected to cause an effect in the
			 historical, architectural, archaeological, or cultural qualities of State
			 Register properties.