71.04 - Applicability and Coordination

71.04. Applicability and Coordination

(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.

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