Authorities: M.G.L. c. 9, §§ 26-27D: Massachusetts Historical Commission; M.G.L. c. 40C: Historic District Act; 950 CMR 71.00: Protection of Properties Included on the State Register of Historic Places.

Jurisdiction: Properties located in Massachusetts that are on or eligible for listing on the National Register of Historic Places.

Applicability: Any project proposed in an historic district must avoid, minimize, and mitigate adverse impacts.

Regulatory Summary: The Massachusetts Historical Commission (MHC) administers The National Historic Preservation Act in this state. MHC inventories historic properties and places in Massachusetts, promotes historic preservation in a variety of ways, and implements state and federal preservation laws. The primary regulatory vehicle is Section 106 of the National Historic Preservation Act, which requires federal agencies to “take into account” the effects of federal projects on properties listed or eligible for listing on the National Register. The Section 106 consultation process is a negotiation designed to resolve conflicts between proposed uses and historic places. It does not guarantee the preservation of the property, but rather guards against inadvertent destruction of historic resources. A similar process protects properties included on the State Register of Historic Places, however under state law, project proponents have an affirmative responsibility to avoid, minimize, and mitigate any adverse impacts to historic resources. In addition to federal and state preservation programs, many communities have established local historic districts and local preservation by-laws.

Review Process: Applicants must file a Project Notification Form with MHC to obtain a written opinion regarding the impacts of the proposed project on historic resources. The application must include a project description, site description, and a photocopy of the relevant U.S. Geological Survey (USGS) topographic map (available at www.topozone.com). MHC will review the information and issue a determination, which can be used for both Massachusetts Environmental Policy Act (15) review requirements and the Section 106 consultation with federal resource agencies. Should MHC find that there are protected historic or archaeological resources on the site, they will recommend appropriate avoidance and mitigation measures.

Forms: Project Notification Form at www.sec.state.ma.us/mhc/mhcform/formidx.htm.

Fees: None.

Website: www.sec.state.ma.us/mhc/.

Contact: MHC (617) 727-8470.