Transcript Slide 1

The Built Environment: Historical Preservation & More
IMLA New England Regional Land Use Seminar
Presented by
Nadine Peterson, NH Division of Historical Resources (DHR)
Jay Wickersham, Noble & Wickersham LLP
Historic Preservation Laws & Regulations
• Federal Review Program (Section 106)
• State Review Programs
• Local Historic District Commissions
• Historic Preservation Restrictions / Easements
• State and Federal Tax Credit Programs
Section 106
All federally funded, licensed, or
permitted projects are subject to review
under the National Historic Preservation
Act (NHPA) and Section 106 (36 CFR
800), regardless of the proposed activity.
Historic preservation review and
compliance, or Section 106, is a
consultation process that identifies
significant historic properties so that
impacts caused from government-assisted
actions can be avoided, minimized, or
mitigated.
It is intended to
be a balance of
public interest
and concern for
historic resources
with public
benefit generated
from
governmental
initiatives.
What Is a Historical
Resource?
A district, site, building,
structure or object that is
significant in the history,
architecture,
engineering, archaeology
or culture of this state,
its communities, or the
nation.
Historic Buildings and Structures
Archaeological Resources
4 Basic Steps:
• Determine whether historical or archaeological resources
are located within the project area.
– Applicant is responsible for required surveys if property has not
been previously surveyed (professional consultants do the work)
• Determine whether project will have an effect on
identified resources.
• Determine whether effect is adverse, if so, can effect be
avoided, minimized or mitigated.
• If adverse effects cannot be avoided or minimized, the
federal agency and DHR work with applicant to create a
mitigation package to address impacts.
Project Review
•
The DHR utilizes the Request for Project
Review Form (RPR) to initiate review. The
form can be found on the DHR website:
– www.nh.gov/nhdhr
•
With the form applicants need to include a
narrative of the proposed undertaking;
photographs; and have conducted a files
search at the DHR
•
INCLUDE SELF-ADDRESSED STAMPED
ENVELOPE for an expedited response
What happens next?
• After information is presented to DHR, the
review process begins.
• The DHR has 30 days to respond.
• If the DHR does not have enough information to
make an informed decision, a request will be
made to provide additional documentation on
the project area.
• DHR reviews findings of surveys
conducted.
• Archaeological surveys are conducted
in Phases (Ia/Ib, II, and III) if necessary.
• Inventory Forms are reviewed at a twice
monthly Determination of Eligibility
Meeting.
Projects that protect historical resources,
or create little or no impacts, move very
quickly through Section 106 review.
What are the ramifications if DHR identifies a
significant historic resource?
•Review alternatives to determine one that
has the least impact to the resource.
•Work with the Federal Agency, consulting
parties, and the public to identify mitigation
measures if preferred alternative results in
an Adverse Effect.
•Develop a Memorandum of Agreement that
outlines stipulations that will mitigate for the
loss of the historic resource or its characterdefining features.
Case Study: Hannaford Supermarket, Kingston, New Hampshire
Ames Shovel Works, North Easton, MA
• 9 granite factory buildings, built 1852 – 80; early site of assembly
line mass production
• Listed on State and National Registers of Historic Places
• No local historic district commission
• Proposed for mixed-income housing under M.G.L. ch. 40B
• State DEP wastewater permit triggered Mass. Historical
Commission review
• Local citizens group developed alternative plan, preserving historic
character, and using federal and state tax credits
Ames Shovel Works, North Easton, MA
Ames Shovel Works, North Easton, MA
Ames Shovel Works, North Easton, MA
Ames Shovel Works, North Easton, MA
Ames Shovel Works, North Easton, MA
Results:
• Listed by National Trust as one of 11 Most Endangered Historic
Sites in country
• Local planning board imposed conditions on zoning approval to
protect historic buildings
• Another developer, Beacon Communities, bought site, followed
plan, using historic tax credits and town financial support
• Beacon Communities broke ground on project on June 8
Lafayette School
Portsmouth, NH
Doloff Building, State Hospital
Concord, NH
Monadnock Mills #2 & #6
Claremont, NH
Mills closed in 1932
Listed to National Register 1979
Sugar River Mills Redevelopment LLC
completed rehabilitation in 2009
Utilized the 20% Federal Preservation
Tax Credit
Currently houses
the Common Man
Inn and Restaurant
and Red River
Computers
For more information on Section 106
Review and Compliance
Contact:
Christina St. Louis, R&C Program Specialist
603-271-3558
([email protected])
Nadine Peterson, Preservation Planner
603-271-6628
([email protected])
Edna Feighner, Archaeologist/R&C Coordinator
603-271-2813
([email protected])