HomeMy WebLinkAbout2016 03-08 HPB Packet Regular Agenda
Heritage Preservation Board
City Of Edina, Minnesota
City Hall - Community Room
4801 West 50th Street Edina, MN 55424
Tuesday, March 8, 2016
7:00 PM
I. Call To Order
II. Roll Call
Ill. Approval Of Meeting Agenda
IV. Approval Of Meeting Minutes
A. Heritage Preservation Board Minutes, February 9, 2016
V. Community Comment
During"Community Comment,"the Board/Commission will invite residents to share relevant
issues or concerns. Individuals must limit their comments to three minutes. The Chair may limit
the number of speakers on the same issue in the interest of time and topic. Generally speaking,
items that are elsewhere on tonight's agenda may not be addressed during Community Comment.
Individuals should not expect the Chair or Board/Commission Members to respond to their
comments tonight. Instead,the Board/Commission might refer the matter to staff for
consideration at a future meeting.
VI. Reports/Recommendations
A. Certificates of Appropriateness - Process for Evaluating Projects
B. National Historic Preservation Act- 50th Anniversary
C. 2016 Work Plan Calendar
D. 2016 Edina Heritage Award Nominations
VII. Correspondence And Petitions
A. Correspondence
VIII. Chair And Member Comments
IX. Staff Comments
X. Adjournment
The City of Edina wants all residents to be comfortable being part of the
public process. If you need assistance in the way of hearing amplification, an
interpreter, large-print documents or something else, please call 952-927-8861
72 hours in advance of the meeting.
4:0=-'-'---t/71:4, CITY OF EDINA
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Date: March 8, 2016 Agenda Item#:IV.A.
To: Heritage Preservation Board Item Type:
Minutes
From: Joyce Repya, Senior Planner
Item Activity:
Subject: Heritage Preservation Board Minutes, February 9, Action
2016
ACTION REQUESTED:
Approve the minutes from the February 9, 2016 HPB meeting.
INTRODUCTION:
See attached minutes.
ATTACHMENTS:
Heritage Preservation Board Minutes,February 9,2016
Minutes
City of Edina, Minnesota
Heritage Preservation Board
Edina City Hall—Community Room
Annual Meeting
February 9, 2016 at 7:00 p.m.
I. CALL TO ORDER
Chair Weber called the meeting to order at 7:00 p.m.
II. ROLL CALL g �
Answering roll call were Chair Weber,Vice Chair C( stiaansen, nd embers, McLellan,
Birdman, Kelly, Pearson, O'Brien and Student Members Otness and Pu rzer.Absent were
Members Moore and Sussman. HPB Staff Liaison 'Senior Planner,Joyce„{ epya was also in
attendance.
III. APPROVAL OF MEETING AONDA
Motion was made by Member O'Brien to1approve the meeting agenda. Motion seconded by
Member McLellan.All voted aye. The otio ,arried.
1121
rAttlIV. APPROVAL OF H INUTES Ja uary 12, 01 %
f
Motion was made by l ember Birdman to approve'the Janna y 12, 2016 HPB meeting
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minutes. Motion seconded by Member Kelly.All voted aye. Motion carried.
V. COMMUNITY COMMENT' None t z A s
'223104, 411%
VI. REPORTS& RECOMMENDATIONS
A. Certificates of Appropriateness:4610 Browndale Avenue - New Detached Garage
Planner Repya expl t d that the ! licant is requesting to add an addition to the street facing
� �� � .pp q 9
attached garage. The roposed .,fans for the garage addition will allow space for a secondary
entry (service door) tothe1 t'**e, more in line with the existing scale of the structure as well as
complimenting the home's details and finishings. Furthermore,the garage addition will provide
for additional storage and parking for three vehicles. Ms. Repya also pointed out that the hip
roof on the garage addition will replicate the hip roof on the home, however with a lower slope
to minimize bulk.
Ms. Repya pointed out that plans for additions to the rear of the home, (not subject to a COA)
were provided for the HPB's information. Ms. Repya also reported Preservation Consultant had
reviewed the proposed plans and found the design in keeping with the subject home,
Minutes
Heritage Preservation Board
February 9,2016
surrounding neighborhood, and consistent with the provisions of the district's plan of treatment.
She then concluded that staff recommended approval of the subject COA subject to the plans
presented.
Applicant Present:Jean Rehkamp Larson and Anders Matney, Rehkamp Larson Architects, Inc.
Architect Rehkamp Larson addressed the low pitch of the hip roof on the garage addition,
explaining that they initially pursued a higher pitched roof on the addition to replicate the pitch of
the gables on the home,and found that the lower pitch would be much more unobtrusive and
appropriate for an attached garage.
Motion made by Member Kelly to approve the COA for changes to the street facing façade
for an attached garage addition subject to the plans presented. Motion was seconded by
Member Christiaansen All voted aye. The motion carried.
B. Educational Opportunities Subcommittee - Update
Chair of the subcommittee, Member Christiaansen provided the board with a summary of the
committee's activities since the last meeting. She pointed out that the goal to work with the
high school to gain student participation in creating a heritage preservation app ran into a snag
with the high school contact reporting that they have discovered the app creation to be too
complex for students. She suggested the committee check with the teacher responsible for
scheduling the 2017 May term projects to garner interest from the participating students.
Planner Repya offered to check with the city's communication's department to see if there is an
existing or planned Edina app that would be able to include a heritage preservation component.
C. 2016 Nominations for Edina Heritage Award
Planner Repya reported that the month of February is typically when the call for Heritage Award
nominations goes out to the community. She pointed out that the current description of the
award states that"The Edina Heritage Award showcases local preservation activities"; and
pointed out that some of the past recipients have showcased local preservation activities, but
have also highlighted sites that have enriched the fabric of the community- harkened to the
city's past, so to speak, ex. Convention Grill, Edina Theater Sign, Southdale.The board agreed
with Ms. Repya's observation and thought to expand the description to include "highlighting
sites in Edina that have enriched the historic fabric of the community"would be a good idea.
Board members brainstormed ideas for potential award recipients. Ms. Repya concluded that
the deadline for 2016 Edina Heritage Award nominations will be Friday, April 8th,to enable the
board to decide upon an award recipient at the April 12th HPB meeting.
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Minutes
Heritage Preservation Board
February 9, 2016
D. Annual Elections
Nominations for the office of HPB Chairman for 2016 were requested.
Motion was made by Member Christiaansen to nominate Member Birdman to the office of
HPB Chair. Motion was seconded by Member Kelly. Member Birdman accepted the
nomination.All voted aye. The motion carried.
Nominations for the office of HPB Vice Chairman for 2016 were requested.
Motion was made by Member Birdman to nominate Member Weber to the office of HPB
Vice Chair. Motion was seconded by Member McLellan. Member Weber accepted the
nomination.All voted aye. The motion carried.
E.Affirm 2016 HPB Meeting Schedule
Planner Repya provided the board with the 2016 meeting schedule and explained the reasons
for the following Monday(rather than Tuesday) meeting dates:
August 9th - Primary Election
October 11th -Yom Kippur
November 8th - Election Day
Ms. Repya also reported that the board's annual work session with the City Council is scheduled
for Tuesday, September 20th, from 6:15 - 6:55 p.m.
VII. CORRESPONDENCE& PETITIONS - None
VIII. CHAIR AND MEMBER COMMENTS - None
IX. STAFF COMMENTS
A. Next Meeting Date - March 8, 2016
X. ADJOURNMENT 7:40 p.m.
Respectfully submitted,
Joyce/Repya'
3
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4801 West 50th Street
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www edinamn.gov
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Date: March 8, 2016 Agenda Item#:VLA.
To: Heritage Preservation Board Item Type:
Report and Recommendation
From: Joyce Repya, Senior Planner
Item Activity:
Subject: Certificates of Appropriateness -Process for Discussion
Evaluating Projects
ACTION REQUESTED:
Discussion
INTRODUCTION:
Last November, the plans for an addition to a home in the Country Club District were determined not to require a
COA because they did not meet the criteria set out in the plan of treatment. Other members of the Planning Staff
and Consultant Vogel agreed with that decision. A neighbor disagreed, believing a COA should have been required.
Attached is a copy of the Country Club District's Plan of Treatment to aid in the discussion regarding the criteria
to require a COA for a project.
ATTACHMENTS:
Country Club District Plan of Treatment
EDINA'S HISTORIC COUNTRY CLUB DISTRICT
PLAN OF TREATMENT
PLANNING OBJECTIVE
The primary objective of the Country Club Heritage Landmark District is
preservation of the existing historic house facades and streetscapes. Certificates of
Appropriateness from the Heritage Preservation Board will be required for
demolition, moving buildings, and new construction within the district. In fulfillment
of this responsibility, the City has adopted the Secretary of the Interior's Standards
for the Treatment of Historic Properties as the basis for the Board's design review
decisions. The preferred treatment for heritage preservation resources in the Country
Club District is rehabilitation, which is defined as the act or process of making
possible a compatible use for a property through repair, alterations, and additions
while preserving those portions or features which convey its historical, cultural, or
architectural values.
SECRETARY OF THE INTERIOR'S STANDARDS
The Secretary of the Interior's standards for rehabilitation are neither technical nor
prescriptive, but are intended to promote responsible preservation practices. They are
regulatory only with respect to Certificates of Appropriateness for demolition and
new construction; for work that is not subject to design review, they are advisory.
The standards for rehabilitation are:
a) A property will be used as it was historically or be given a new use that requires
minimal change to its distinctive materials, features, spaces, and spatial
relationships.
b) The historic character of a property will be retained and preserved. The removal
of distinctive materials or alteration of features, spaces, and spatial relationships
that characterize a property will be avoided.
c) Each property will be recognized as a physical record of its time, place, and use.
Changes that create a false sense of historical development, such as adding
conjectural features or elements from other historic properties, will not be
undertaken.
d) Changes to a property that have acquired historic significance in their own right
will be retained and preserved.
e) Distinctive materials, features, finishes, and construction techniques or examples
of craftsmanship that characterize a property will be preserved.
f) Deteriorated historic features will be repaired rather than replaced. Where the
severity of deterioration requires replacement of a distinctive feature, the new
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feature will match the old in design, color,texture, and, where possible, materials.
Replacement of missing features will be substantiated by documentary and
physical evidence.
g) Chemical or physical treatments, if appropriate, will be undertaken using the
gentlest means possible. Treatments that cause damage to historic materials will
not be used.
h) Archaeological resources will be protected and preserved in place. If such
resources must be disturbed, mitigation measures will be undertaken.
i) New additions, exterior alterations, or related new construction will not destroy
historic materials, features, and spatial relationships that characterize the property.
The new work shall be differentiated from the old and will be compatible with the
historic materials, features, size, scale and proportion, and massing to protect the
integrity of the property and its environment.
j) New additions and adjacent new construction will be undertaken in such a manner
that, if removed in the future, the essential form and integrity of the historic
property and its environment will be unimpaired.
CERTIFICATES OF APPROPRIATENESS
A Certificate of Appropriateness will be required before any City permit is issued for
the demolition and new construction of any principal dwelling or detached garage
within the district boundaries.
Definitions:
Demolition -For purposes of design review and compliance with City Code
§36-722, demolition shall mean the physical alteration of a building that requires
a city permit and where:
(a) 50%or more of the surface area of all exterior walls, in the
aggregate, are removed; or
(b) 50%or more of the principal roof structure is removed,
changing its shape, pitch, or height; or
(c)A front porch, side porch, vestibule, dormer, chimney, attached
garage, or porte-cochere is removed or destroyed.
This definition does not include removal of existing siding, roofing, trim, fascia,
soffit, eave, moldings, windows, and doors.
Heritage Preservation Resource or Historic Building — Any building, site,
structure, or object that has been so designated by the Heritage Preservation
Board on the basis of its historic associations or historic architectural qualities
which add to the significance of the district as a whole. Heritage preservation
resources may lack individual distinction but must possess historic significance
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and integrity of those features necessary to convey their heritage preservation
value. An updated inventory of heritage preservation resources in the Country
Club District is maintained by the City Planner. Heritage preservation resources
include those homes built from 1924 — 1944, the period when the developer
enforced rigid architectural standards on new home construction through
restrictive covenants.
• No Certificate of Appropriateness will be approved for the demolition, in whole
or in part, of any heritage preservation resource in the district unless the applicant
can show that the subject property is not a heritage preservation resource, or no
longer contributes to the historical significance of the district because its historic
integrity has been compromised by deterioration, damage, or by inappropriate
additions or alterations.
• Except in extraordinary circumstances involving threats to public health or safety,
no Certificate of Appropriateness will be issued for the demolition of an existing
heritage preservation resource in the district without an approved design plan for
new construction.
DESIGN REVIEW GUIDELINES
New home construction will be limited to existing residential lots and their design
will be compatible with the original (1924-1944) Country Club District deed
restrictions relating to architecture. The following guidelines generally reflect the
principles of the deed restrictions and will be applied by the Heritage Preservation
Board to design review of plans for new houses:
• Size, Scale & Massing - New homes should be compatible in size, scale, massing,
orientation, setback, color, and texture with historic buildings in the district
constructed prior to 1945. Facades should be architecturally similar to existing
historic homes and visually relate to the historic facades of nearby homes; radically
contrasting façade designs will not be allowed. Entrances, porches, and other
projections should relate to the pattern of existing adjacent historic homes and respect
the rhythm and continuity of similar features along the street. Roof forms should be
consistent with typical roof forms of existing historic homes in terms of pitch,
orientation, and complexity. New homes should be constructed to a height
compatible with existing adjacent historic homes, and the maximum height of new
construction should be within 10% of the average height of existing homes on
adjacent lots, or the average of the block measured from the original surface grade to
the highest part of the roof
• Exterior Finishes - Traditional materials and exterior finishes (horizontal lap siding,
stucco, brick, false half-timbering, wood shakes, stone) are recommended for use on
facades which are visible from the street. The use of non-traditional materials (such
as Hardi-Plank siding and steel roofing) should be considered on a case-by-case basis;
imitative wood or masonry finishes should duplicate the size, shape, color, and
3
texture of materials historically used in the District. Aluminum and vinyl siding are
not appropriate for street facades.
• Accessory Mechanical Equipment - Mechanical equipment, solar panels, air
conditioners, satellite dishes, and antennae should be concealed whenever possible or
placed in an inconspicuous location so as not to intrude or detract from historic
facades and streetscapes.
• Decks & Accessory Structures- Contemporary designs are acceptable for decks and
accessory structures so long as they are not visible from the street.
• Landscaping Elements - Landscaping such as retaining walls, planters, fences,
planting beds, and walkways, should be visually compatible with the historic
character of the district in size, scale, material, texture, and color. Retaining walls
should follow the grade of the lot and blend with the historic streetscape.
• Impervious Surfaces - Construction of large areas of impervious surface for
driveways, patios, and off-street parking should be discouraged in favor of permeable
pavement systems and other "green" alternatives to solid concrete, brick, or
bituminous paving.
• Building Code Requirements-Building code requirements should be complied with
in such a manner that the architectural character of the new home is compatible with
the historic character of the neighborhood.
• Year Built Identification-New homes should be clearly identified as such by means
of a plaque or inscription (to be placed on an exterior surface) bearing the year of
construction.
GARAGES
Modernistic designs for new detached garages will be discouraged. New detached
garages should match the architectural style of the house on the same lot as well as
the historic character of the neighborhood. The following guidelines will be applied
to design review of plans for new garages:
• The new garage should be subordinate to the house. The preferred placement is at the
rear of the lot or set back from the front of the house to minimize the visual impact on
adjacent homes and streetscapes. Front facing attached garages are discouraged. No
new detached garage should be taller, longer, or wider than the house on the same lot.
The roofline should have a maximum height within 10% of the average height of
existing detached garages on adjacent lots, or the average of the block.
• Undecorated exterior walls longer than 16 feet should be avoided on elevations
visible from the street or adjacent properties.
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• New garages should be clearly identified as such by means of a plaque or inscription
(to be placed on an exterior surface)bearing the year of construction.
DRIVEWAYS
• Driveways should be compatible in width and material with historic driveways in the
district and should be designed in such a manner that they do not radically change,
obscure, or destroy the historic character-defining spatial organization and landscape
features of residential lots, yards, and streetscapes. New curb-cuts should be avoided
whenever possible.
CITY RESPONSIBILITIES
• The City will develop and implement plans for the preservation, maintenance, and
replacement of all public infrastructure within the district, including streets, trees,
sidewalks, street lighting, signs, parks, and open space areas that give the
neighborhood its distinguishing character.
• The distinguishing original qualities and historic character of the district will not be
damaged or destroyed as a result of any undertaking funded or assisted by the City.
The removal or alteration of any historic building or landscape feature should be
avoided whenever possible.
VOLUNTARY COMPLIANCE
• The City will promote voluntary compliance with historic preservation standards for
the rehabilitation of individual historic properties by encouraging repairs, additions,
or alterations which make possible an efficient contemporary use of older homes in
the district while preserving those features that are historically and architecturally
significant.
• Although not ordinarily subject to Certificates of Appropriateness, small additions or
minor alterations should be done in such a manner that they do not destroy
historically significant architectural features. New additions should be differentiated
from historic architecture and designed to be compatible with the size, scale, color,
material, and character of the property.
NATURAL DISASTERS
• When historic properties are impacted by man-made or natural disasters, every
reasonable effort will be made to avoid total loss. If demolition must occur, historic
buildings should be recorded so that a body of information about them (photographs,
drawings, and written data)will be preserved for the benefit of the public.
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DISTRICT RE-SURVEY
• The City will arrange for a re-survey of the Edina Country Club District every ten
years to document changes in the appearance and historic integrity of historic
properties; to revise the list of heritage preservation resources and non-heritage
preservation resources present within the district boundaries; and to revise the district
plan of treatment as needed. The next re-survey will take place circa 2017.
Resolution No. 2008-41
Adopted: 4-15-2008
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'``t I:FY '�' www.edinamn.gov
Date: March 8, 2016 Agenda Item#:VLB.
To: Heritage Preservation Board Item Type:
Other
From: Joyce Repya, Senior Planner
Item Activity:
Subject: National Historic Preservation Act- 50th Anniversary Discussion
ACTION REQUESTED:
None
INTRODUCTION:
2016 marks the 50th Anniversary of the National Historic Preservation Act(NHPA). In 1966, this Act not only
identified historic preservation as significant to the Nation's heritage, it also provided for communities such as
Edina to establish heritage preservation commissions. Consultant Vogel will share the history of the Act, as well as
the national, state and local impact it has had for the past 50 years.
ATTACHMENTS:
National Historic Preservation Act-50th Anniversary
. The National Historic Preservation Act of 1966 (as amended)
A Brief and Selective Summary by Section
Section 1: Describes the purpose of the Act in terms of preservation principles and
Congressional findings. "The Congress finds and declares that the historical and
cultural foundations of the Nation should be preserved as a living part of our community
life and development in order to give a sense of orientation to the American people."
The Congress also declared that:
• Historic properties significant to the Nation's heritage were being lost or altered
with increasing frequency in the face of urban expansion, highway construction,
and residential, commercial, and industrial development.
• "The preservation of this irreplaceable heritage is in the public interest so that its
vital legacy of cultural, educational, aesthetic, inspirational, economic, and
energy benefits will be maintained and enriched for future generations of
Americans."
• Better means of identifying and administering these properties would encourage
their preservation and improve the planning and execution of Federal projects
and economic development.
• The Federal government should play a vital role in historic preservation, by
accelerating its own historic preservation programs and by assisting the efforts of
state and local governments, the National Trust for Historic Preservation, and
private agencies and individuals.
Section 2:A declaration of policy:
• To"use measures, including financial and technical assistance, to foster
conditions under which our modem society and our prehistoric and historic
resources can exist in productive harmony and fulfill the social, economic, and
other requirements of present and future generations."
• To provide leadership in historic preservation both nationally and internationally.
• To"administer federally owned, administered, or controlled prehistoric and
historic resources in a spirit of stewardship for the inspiration and benefit of
present and future generations."
• To encourage and assist non-Federal governments, tribes, private organizations,
and individuals in historic preservation efforts including "the utilization of all
usable elements of the Nation's historic built environment."
Title I, Historic Preservation Programs
Section 101
• Authorizes the Secretary of the Interior to expand and maintain a National
Register of Historic Places composed of districts, sites, buildings, structures,
and objects significant in American history, architecture, archaeology,
engineering, and culture.
• Authorizes the Secretary, in consultation with national historical and
archaeological organizations, to establish criteria for properties to be included
on the National Register as well as criteria for National Historic Landmarks
and to promulgate regulations to implement the criteria.
• Directs the Secretary to ensure that significant prehistoric and historic
artifacts, and associated records, are deposited in institutions with adequate
long-term curatorial capabilities.
• Directs the Secretary to promulgate or revise regulations for State Historic
Preservation Programs, administered by State Historic Preservation Officers
who are appointed by state Governors.
• Details the responsibilities of State Historic Preservation Officers(SHPOs).
• States that the Secretary may enter into contracts or cooperative agreements
with a SHPO for assistance in identification of historic properties;
determinations of National Register eligibility; preparation of nominations for
inclusion on the National Register; and maintenance of historical and
archaeological data bases.
• Provides for certification of local governments to carry out the purposes of the
Act.
• Addresses programs and regulations to assist Indian tribes in preserving
"their particular historic properties" and establishes the conditions under
which tribes may assume SHPO functions.
• States that properties of traditional religious and cultural importance to an
Indian tribe or Native Hawaiian organization may be determined to be eligible
for inclusion on the National Register.
• Requires the Secretary to establish guidelines and standards for federal
agency responsibilities under the Act.
• Directs the Federal government to develop and implement comprehensive
training programs for Federal agencies, state and local governments, and
tribes. These are to include"new standards and increased preservation
training opportunities for Federal workers involved in preservation-related
functions."
Section 102
• Addresses grant requirements for states and the National Trust.
Section 103
• Addresses grant requirements for certified local governments.
Sections 104-105
• Address insured loans for preserving historic properties listed on the National
Register.
Section 106
• "The head of any Federal agency having direct or indirect jurisdiction over a
proposed Federal or federally assisted undertaking in any State and the head
of any Federal department or independent agency having authority to license
any undertaking shall,prior to the approval of the expenditure of any Federal
funds on the undertaking or prior to the issuance of any license, as the case
may be, take into account the effect of the undertaking on any district, site,
building, structure, or object that is included in or eligible for inclusion in the
National Register. The head of any such Federal agency shall afford the
Advisory Council on Historic Preservation established under Title 11 of this Act
a reasonable opportunity to comment with regard to such undertaking. "
Section 107
• The Act is not applicable to the White House, the United States Capitol, the
Supreme Court Building and their grounds.
Section 108
• Establishes the Historic Preservation Fund in the U.S. Treasury to carry out
the purposes of the Act,from revenues due and payable to the United States
under the Outer Continental Shelf Lands Act. The funds shall be available for
expenditure only when appropriated by the Congress.
Q Section 109
• Authorizes the Secretary to accept donations of funds for projects to acquire,
restore, preserve, or recover data from a district or property listed on the
National Register, so long as the project is owned by a State, local
government, or nonprofit entity.
Section 110
• Section 110 (a) (2) directs each Federal agency to establish a preservation
program to identify, evaluate, nominate, and protect historic properties that
are eligible for the National Register. The agency shall ensure that such
properties"as are listed in or may be eligible for the National Register are
managed and maintained in a way that considers the preservation of their
historic, archaeological, architectural, and cultural values in compliance with
section 106 of this Act."
• This section also directs that"the preservation of properties not under the
jurisdiction or control of the agency, but subject to be potentially affected by
agency actions are given full consideration in planning."
• Preservation-related activities are to be carried out in consultation with other
Federal, state, and local agencies, Indian tribes, and the private sector.
• Requires the head of each Federal agency to designate a qualified
Preservation Officer who is responsible for coordinating the agency's
activities under the Act.
• Section 110 (k) relates to anticipatory demolition:"the agency will not grant a
loan, loan guarantee, permit, license, or other assistance to an applicant who,
with intent to avoid the requirements of section 106 of this Act, has
intentionally significantly adversely affected a historic property to which the
grant would relate, or having legal power to prevent it, allowed such
significant adverse effect to occur. " After consultation with the Advisory
Council, the agency may determine that circumstances justify granting such
assistance despite the adverse effect.
Section 111
• Allows for adaptive use, leasing, or exchange of historic properties by Federal
agencies, after consultation with the Advisory Council, if the agency head
determines that the action will adequately insure the preservation of the
property.
• After consultation with the Advisory Council, a Federal agency may enter into
a contract for the management of a historic property. Any such contracts
shall contain terms and conditions necessary to ensure adequate
preservation.
Section 112
• Actions taken by Federal employees or contractors shall meet professional
standards under regulations developed by the Secretary in consultation with
the Advisory Council, other affected agencies,and professional societies. r i.
• Agency personnel or contractors responsible for historic resources shall meet
qualification standards established by the Office of Personnel Management in
consultation with the Secretary and appropriate professional societies of the
disciplines involved.
• Records and data shall be permanently maintained in appropriate data bases.
Section 113
• Relates to controlling illegal interstate and international traffic in antiquities.
Mandated a study to be completed by early 1994.
Title II, Advisory Council on Historic Preservation
Section 201
• Establishes the Advisory Council on Historic Preservation and describes its
members and their terms of office.
Section 202
• Describes the duties of the Advisory Council. The relevant verbs include
"advise,""encourage,""recommend,""review,"and "inform."
• Among its duties, the Council "shall submit annually a comprehensive report
of its activities and the results of its studies to the President and the Congress
and shall from time to time submit such additional and special reports as it
deems advisable."
Section 203
• Authorizes the Council to obtain information and statistics from Federal
agencies.
Sections 204-210
• Additional details about the composition and operation of the Council.
Section 211
• "The Council is authorized to promulgate such rules and regulations as it
deems necessary to govern the implementation of section 106 of this Actin
its entirety."
Sections 212-215
• Additional details relating to the Council.
Title Ill, General and Miscellaneous
Section 301
• Definitions of terms used in the Act.
Section 302
• Authorizes Federal agencies to expend funds for activities carried out
pursuant to the Act.
Section 303
• Authorizes the Secretary to accept donations and bequests of money and
personal property for the purposes of the Act.
Section 304
• Allows Federal agencies to"withhold from disclosure to the public, information
about the location, character, or ownership of a historic resource
if...disclosure may--(1) cause a significant invasion of privacy;(2)risk harm to
the historic resources;or(3)impede the use of a traditional religious site by
practitioners."
Section 305 •
• In a civil action brought in any United States district court by an interested
person to enforce the provisions of the Act, the court may award attorney's
fees and other costs if the person substantially prevails in such action.
Section 306
• Cooperative agreement for a National Museum of the Building Arts.
1
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ADVISORY COUNCIL ON HISTORIC PRESERVATION
Protecting Historic Properties:
A CITIZEN'S GUIDE TO
SECTION 106 REVIEW
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WWW AC H P.GOV Preserving America's Heritage
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About the ACHP
CONTENTS
4 'What Is Sealon las 2.ty i yr
The mission of the Advisory Council on Historic Preservation
5 Unapt sl'I'l'aqs Sector 10E. everr (ACHP)is to promote the preservation,enhancement,and
productive use of the nations historic resources and advise the
8 -Deter rhit ingrecierailt.c=o(ver-icrtPresident and Congress on national historic preservation policy.
12 Work,nt,ofth Fr er:11 A;;ncie The ACHP,an independent federal agency,also provides a
forum for influencing federal activities,programs,and policies
14 }nt 1, r of R cre,t.DtAr s chat affect historic properties.In addition,the ACHP has a key
role in carrying out the Preserve America program.
18 —ow the ACi?rr'C�n H !G
The 23-member council is supported by a professional staff in
20 When-Age!ues Liar,'.Ecll ti ti e' a e.. Washington,D.C.For more information contact:
21 p=oi€owingThrottgh Advisory Council on Historic Preservation
1100 Pennsylvania Avenue,NW Suite 803
22 Cortaotlnforrm,tiutE Washington,D.C.20004
(202)606-8503
www.aclap.gov
COVER PHOTOS:
Clockwise,from top felt Historic Downtown Louisville,
Kentucky;Section 106 consultation at Methane lake,
California;bighorn sheep petroglyph in Nine Mile Canyon,
Utah(photo courtesy Jerry D.Spangler);Worthington
Farm,Monocacy Battlefield National Historic Landmark
Maryland(photo courtesy Maryland State Highway
Administration).
6rt,fect:..Gg.yTia to- Lc.C'�...e .e...r.:Lc�. I
Introduction
Proud of your heritage?Value the places that reflect your about the management of federal buildings,parks,forests,and
community's lusrory?You should know about Section 106 lands.These decisions may affect historic properties,including
review,an important tool you can use to influence federal those that are of traditional religious and cultural significance
decisions regarding historic properties.By law,you have a voice to federally recognized Indian tribes and Native Hawaiian
when a project involving federal action,approval,or funding organizations.
may affect properties that qualify for the National Register of
Projects with less obvious federal involvement canalso
Historic Places,the nation's official list of historic properties.
have repercussions on historic properties.For example,the
This guide from the Advisory Council on Historic Preservation construction of a boat dock or a housing development that
(ACHP),the agency charged with historic preservation affects wedands may also impact fragilearchaeological sites and
leadership within federal government,explains how your voice require a U.S.Army Corps of Engineers permit.Likewise,the
can be heard. construction of_a cellular tower may require a license from the
Each year,the federal government is involved with many projects Federal�pmmunications Commission and might compromise
that affect historic properties.For example,the Federal Highway historic or culturally significant landscapes or properties
Administration works with states on road improvements,the valued by Indian tribes or Native Hawaiian organizations for
Department of Housing and Urban Development grants funds traditional religious and cultural practices.
to cities torebuild communities,and the General Services These and other projects with federal involvement can harm
Administration builds and leases federal office space. historic properties.The Section 106 review process gives you
Agencies like the Forest Service,the National Park Service,the the opportunity to alert the federal government tothe historicat
{
Bureau of Land Management,the Department of Veterans properties you value and influence decisions about projects th
Affairs,and the Department of Defense make decisions daily affect them.
Dust fiom vehicles may
affect historic sites in
h.
mr-s t M1
x r • � Nine Mile Canyon,Uta
� • (photo courtesy Jerry D,
x r �,r. Spangler Colorado Plateau
`2,,-A-1,.. Archaeological Alliance)
}
_ i
4.
-
2 ADVISORY COUNCIL.014 HISTORIC('RESERVATION P,e*fecf...H.A Fate-u.IPA,'e,...f't'ea. 3
What is Section 106 Review? Understanding
Section 106 Review
In the National Historic Preservation Act of 1966(NHPA),
Congress established a comprehensive program to preserve Regulations issued by the ACHP spell out the Section 106
the historical and cultural foundations of the nation as a
review process,specifying actions federal agencies must take to
living part of community life.Section 106 of the NHPA is
crucial to that program because it requires consideration of meet their legal obligations.The regulations are published in the
Code of Federal Regulations at 36 CFR Part 800,"Protection of
historic preservation in the multitude of projects with federal
Historic Properties,and can be found on the ACHP's Web site
involvement that take place across the nation everyday.
at www.achp.gov.
Section 106 requires federal agencies to consider the effects of
Federal agencies are responsible for initiating Section 106 review,
projects they carry out approve,or fund on historic properties.
Additionally,federal agencies must provide the ACI-IP an most of which takes place between the agency and state and
opportunity to comment on such projects prior to the agency's tribal or Native Hawaiian organization officials.Appointed by
the governor,die State Historic Preservation Officer(SHPO)
decision on them
coordinates the states historic preservation program and consults
Section 106 review encourages,but does not mandate, with agencies during Section 106 review.
preservation.Sometimes there is no way for a needed project to Agencies also consult with officials of federally recognized Indian
proceed without harming historic properties.Section 106 review
doestribes when the projects have the potential to affect historic
ensure that preservation values are factored into federal
and decisions.Because of Section 106,federal properties on tribal lands or historic properties of significance
agencyplanning co such tribes located off tribal lands.Some tribes have officially
agencies must assume responsibility for the consequences of the designated Tribal Historic Preservation Officers(THPOs),
projects they carry out,approve,or fund on historic properties
while others designate representatives to consult with agencies
and be publicly accountable for their decisions
as needed.In Hawaii,agencies consult with Native Hawaiian
organizations(NHOs)when historic properties of religious and
cultural significance to them maybe affected.
Co.,i'.-d_,a,,t,_. . Z.-0.4 To successfully complete Section 106 review,
,r- federal agencies must do the following:
► gather information to decide which properties in the
, 4 .ill area
eGgibthat for maylistibe
g,affinectethde Nbyatithoenal proRjeectgister are olistefd,Histoor are
ke
§lfr ^�
ri
„2 ‘Ivor� Places(referred to as"historic properties");
► determine how those historic properties might be affected;
., r
ir',/ I' .I' wit
►explore measures to avoid or reduce harm("adverse
effect")to historic properties;and
The National Soldiers Monument(1 877)at Dayton ► reach agreement with the SHPO/THPO(and the
(Ohio)National Cemetery was cleaned and ACHP in some cases)on such measures to resolve any
conserved in 2009 as part of a program funded adverse effects or,failing that,obtain advisory comments
by the American Recovery and Reinvestment Act. from the ACHP,which are sent to the head of the agency.
(photo courtesy Department of Veterans Affairs)
4 ADVISORY COUNCIL ON HISTORIC PRESERVATION t n-tx e-t-L frf`'s't"`""`�'"j� c1 5
What are Historic Properties? the ACHP issues advisory comments to the head of the agency
who must then consider these comments in making a fmal
In the Section 106 process,a historic property is a prehistoric decision about whether the project will proceed.
or historic district,site,building,structure,or object included
in or eligible for inclusion in the National Register of Historic Section 106 reviews ensure federal agencies fully consider
Places.This term includes artifacts,records,and remains historic preservation issues and the views of the public during
that are related to and located within these National Register project planning.Section 106 reviews do not mandate the
properties.The term also includes properties of traditional approval or denial of projects.
religious and cultural importance to an Indian tribe or Native
Hawaiian organization,so long as that property also meets the
criteria for listing in the National Register.
The National Register of Historic Places
The National Register of Historic Places is the nations official c
list of properties recognized for their significance in American
history,architecture,archaeology,engineering,and culture.It
is administered by the National Park Service,which is part of SECTION 106:WHAT IS AN
the Department of the Interior.The Secretary of the Interior ADVERSE EFFECT?
has established the criteria for evaluating the eligibility of
properties for the National Register.In short,the property If a project may alter characteristics that qualify a
must be significant,be of a certain age,and have integrity: specific property for inclusion in the National Register
► Significance,Is the property associated with events, in a manner that would diminish the integrity of
activities,or developments that were important in the the property,that project is considered to have an
past?With the lives of people who were historically adverse effect.Integrity is the ability of a property to
important?With distinctive architectural history, convey its significance,based on its location,design,
landscape history,or engineering achievements?Does it setting.materials,workmanship,feeling and association.
have the potential to yield important information through
archaeological investigation about our past? Adverse effects can be direct or indirect and
►Age and Integrity.Is the property old enough to be include the following
considered historic(generally at least 50 years old)and / physical destruction or damage
does it still look much the way it did in the past? ►alteration inconsistent with the Secretary of the
During a Section 106 review,the federal agency evaluates Interior s Standards for the Treatment of Historic
properties against the National Register criteria and seeks the Properties
consensus of the SHPO/THPO/tribe regarding eligibility.A ►relocation of the property
historic property need not be formally listed in the National ►change in the character of the property's use or
Register in order to be considered under the Section 106 setting
process.Simply coming to a consensus determination that a
property is eligible for listing is adequate to move forward with ►introduction of incompatible visual,atmospheric,
Section 106 review.(For more information,visit the National or audible elements
Register Web site at tvww ►neglect eglett and deterioration
When historic properties maybe harmed,Section 106 review I.transfer,lease,or sale of a historic property
usually ends with a legally binding agreement that establishes out of federal control without adequate
how the federal agency will avoid,minimize,or mitigate the preservation restrictions
adverse effects.In the very few cases where this does not occur,
6 ADVISORY COUNCIL ON I HISTORIC PRESERVATION (Ps 7
Determining Federal
Involvement
If you are concerned about a proposed project and wondering
whether Section 106 applies,you should fust determine
IS THERE FEDERAL
whether the federal government is involved.Will a federal
agency fund or carry out the project?Is a federal permit, INVOLVEMENT? CONSIDER
license,or approval needed?Section 106 applies only if a THE POSSIBILITIES:
federal agency is carrying out the project,approving it,or Is a federally owned or federally controlled
funding it,so confirming federal involvement is critical. property involved,such as a military base,
park,forest,office building,post office,or
courthouse?Is the agency proposing a project on
its land,or would it have to provide a right-of-way
` , ` or other approval to a private company for a project
l� such as a pipeline or mine?
k Is the project receiving federal funds,
grants,or loans?If it is a transportation project
frequent sources of funds are the Federal Highway
Administration the Federal Transit Administration,
and the Federal Railroad Administration.Many
404,
-A, t local government projects receive funds from the
Department of Housing and Urban Development
rl The Federal Emergency Management Agency
t 1piWI
a provides funds for disaster relief.
Does the project require a federal permit,
r
A*,..."
Vr license,or other approval?Often housing
;V::; developments impact wetlands,so a U.S.Army
Corps of Engineers permit may be required.Airport
projects frequently require approvals from the
Federal Aviation Administration.
Many communications activities,including cellular
tower construction,are licensed by the Federal
Communications Commission.Hydropower and
pipeline development requires approval from the
Falls of Clyde,in Honolulu.Hawaii,is the last surviving Federal Energy Regulatory Commission.Creation of
iron-hulled,four-masted full rigged ship,and the only new bank branches must be approved by the Federal
remaining sail-driven oil tanker.(photo courtesy Deposit Insurance Corporation.
Bishop Museum Maritime Center)
8 ADVISORY COUNCIL ON HISTORIC PRESERVATION Ac'etc-V."41%(atnuc G .tLe.,t 9
{
MONITORING FEDERAL
ACTIONS
The sooner you learn about proposed projects
with federal involvement,the greater your chance of
.� .., influencing the outcome of Section 106 review
—= Learn more about the history of your neighborhood,
• x R= city,or state.Join a local or statewide preservation,
historical,or archaeological organization.These
organizations are often the ones first contacted by
federal agencies when projects commence.
If there is a clearinghouse that distributes information
a about local,state,tribal,and federal projects,make
Asa ,"_ ,�., sure you or your organization is on its mailing list
Make the SHPO/THPO/tribe aware of your interest
• { ` ^
f Become more involved in state and local decision
f t making.Ask about the applicability of Section 106 to
t
projects under state,tribal,or local review.Does your
state,tribe,or community have preservation laws in
~.$ 1 place?If so,become knowledgeable about and active
in the implementation of these laws.
Interstate 70 at the Georgetown-Silver Plume Review the local newspaper for notices about
National Historic landmark,Colorado(photo projects being reviewed under other federal
courtesy J.F.Sato&Associates) statutes,especially the National Environmental
Policy Act(NEPA).Under NEPA,a federal agency
must determine if its proposed major actions will
significantly impact the environment.Usually,if
Sometimes federal involvement is obvious.Often,involvement
is not immediately apparent.If you have a question,contact the an agency is preparing an Environmental Impact
Statement under NEPA,it must also complete a
project sponsor to obtain additional information and to inquire
about federal involvement.All federal agencies have Web sites. Section 106 review for the project.
Many list regional or local contacts and information on major
projects.The SHPO/THPO/tribe,state or local planning
commissions,or statewide historic preservation organizations
may also have project information.
Once you have identified the responsible federal agency,write
to the agency to request a project description and inquire about
the status of project planning.Ask how the agency plans to
comply with Section 106,and voice your concerns.Keep the
SHPO/THPO/tribe advised of your interest and contacts
with the federal agency.
10 ADVISORY COUNCIL ON HISTORIC PRESERVATION !/R�c+fe et-LAg G. h"ca I I
Working with Federal Agencies
Throughout the Section 106 review process,federal agencies like the NTHP and your state and local historical societies
must consider the views of the public.This is particularly and preservation interest groups can be valuable sources of
important when an agency is trying to identify historic information.Let them know of your interest.
properties that might be affected by a project and is considering When the agency provides you with information,let the
ways to avoid,minimize,or mitigate harm to them. agency know if you disagree with its findings regarding what
Agencies must give the public a chance to learn about the properties are eligible for the National Register of Historic
project and provide their views.How agencies publicize Places or how the proposed project may affect them.Tell the
projects depends on the nature and complexity of the particular agency—in writing—about any important properties that you
project and the agency's public involvement procedures. think have been overlooked or incorrectly evaluated.Be sure to
provide documentation to support your views.
Public meetings are often noted in local newspapers and on
television and radio.A daily government publication,the When the federal agency releases information about project
Federal Register(available at many public libraries and online at alternatives under consideration,make it aware of the options
www.gpoaccess.gov/fr/index.han1),has notices concerning you believe would be most beneficial.To support alternatives
projects,including those being reviewed under NEPA.Federal that would preserve historic properties,be prepared to discuss
agencies often use NEPA for purposes of public outreach costs and how well your preferred alternatives would meet
under Section 106 review project needs.Sharing success stories about the treatment or
reuse of similar resources can also be helpful.
Federal agencies also frequently contact local museums and
historical societies directly to learn about historic properties Applicants for federal assistance or permits,and their
and community concerns.In addition,organizations like consultants,often undertake research and analyses on behalf of
the National Trust for Historic Preservation(NTHP)are a federal agency.Be prepared to make your interests and views
actively engaged in a number of Section 106 consultations on known to them,as well.But remember the federal agency is
projects around the country.The NTHP is a private,non- ultimately responsible for completing Section 106 review,so
profit membership organization dedicated to saving historic make sure you also convey your concerns directly mit.
places and revitalizing Americis communities.Organizations
Hangar I,a historic dirigible
t_ hangar at Moffett Field at
NASA Ames Research
zt
Center:California
11.
l''
I2ADVISORY COUNCIL ONHISTORICPRESERVATION taior"ccf<'. ,to+,c.p,,c�t'e.o 13
Influencing Project Outcomes
In addition to seeking the views of the public,federal agencies You or your organization may want to take a more active
must actively consult with certain organizations and individuals role in Section 106 review,especially if you have a legal or
during review.This interactive consultation is at the heart of economic interest in the project or the affected properties.You
Section 106 review. might also have an interest in the effects of the project as an
individual,a business owner,or a member of a neighborhood
Consultation does not mandate a specific outcome.Rather,it
is the process of seeking,discussing,and considering the views association,preservation group,or other organization.Under
these circumstances,you or your organization may write to the
of consulting parties about how project effects on historic
properties should be handled. federal agency asking to become a consulting party.
To influence project outcomes,you may work through the
consulting parties,particularly those who represent your
interests.For instance,if you live within the local jurisdiction
where a project is taldng place,make sure to express your views
on historic preservation issues to the local government officials m` ; """
who participate in consultation. . .. "-
WHO ARE
, e. CONSULTING PARTIES?
- The following parties are entitled to participate as
1
t consulting parties during Section 106 review:
[ _ ; iit
►Advisory Council on Historic Preservation;
►State Historic Preservation Officers;
i11`i , I ► Federally recognized Indian tribes/THPOs;
L V'.
,F ; ! ► Native Hawaiian organizations;
..ar ► Local governments;and
r r,;. 1,, .. n A
1 i $ 3 r i!
►Applicants for federal assistance,permits,
j i f It
licenses,and other approvals.
Other individuals and organizations with a
Residents in the Lower Mid-City Historic District demonstrated interest in the project may participate
in New Orleans express their opinions about in Section 106 review as consulting parties"due to
the proposed acquisition and demolition of their the nature of their legal or economic relation to the
properties for the planned new Department of undertaking or affected properties,or their concern
Veterans Affairs and Louisiana State University with the undertaking's effects on historic properties:'
medical centers which would replace the facilities Their participation is subject to approval by the
damaged as a result of Hurricane Katrina. responsible federal agency
I4 ADVISORY COUNCIL ON HISTORIC PRESERVATION ntett 8`s?('nte,.,:.-Rn r.e,tie.ca. I5
When requesting consulting party status,explain in a letter to
the federal agency why you believe your participation would be MAKING THE MOST OF
important to successful resolution.Since the SHPO/THPO C O N S U LTAT I O N
or tribe will assist the federal agency in deciding who will
participate in the consultation,be sure to provide the SHPO/ Consultation will vary depending on the federal
THPO or tribe with a copy of your letter.Make sure to agency's planning process and the nature of the project
emphasize your relationship with the project and demonstrate and its effects.
how your connection will inform the agency's decision making. Often consultation involves participants with a wide
If you are denied consulting party status,you may ask the variety of concerns and goals.While the focus of some
ACHP to review the denial and make recommendations to may be preservation,the focus of others may be time,
the federal agency regarding your participation.However,the cost and the purpose to be served by the project
federal agency makes the ultimate decision on the matter. Effective consultation occurs when you:
Consulting party status entitles you to share your views,receive ►keep an open mind;
and review pertinent information,offer ideas,and consider ►state your interests clearly;
possible solutions together with the federal agency and other
consulting parties.It is up to you to decide how actively you ► acknowledge that others have legitimate
want to in consultation. interests,and seek to understand and
participateaccommodate them;
►consider a wide range of options;
► identify shared goals and seek options that allow
o,et-- mutual gain;and
► bring forward solutions that meet the agency's
needs.
Oriwr wt. Creative ideas about alternatives—not complaints—
are the hallmarks of effective consultation.
#tet E1
V
Section 106 consultation with an Indian tribe
16 AOVSORY COUNCIL ON HISIOWC PRESERVATION a*tr_cG: - rata wu(2.-reti6ea_ 17
How the ACHP Can Help
Under Section 106 review,most harmful effects are addressed scale of the project or the magnitude of its effects,the ACHP
successfully by the federal agency and the consulting parties is available to assist with dispute resolution and advise on the
without participation by the ACHP.So,your first points Section 106 review process.
of contact should always be the federal agency and/or the
SHPO/THPO. If you cannot resolve disagreements with the federal agency
regarding which historic properties are affected by a project
When there is significant public controversy,or if the or how they will be impacted,contact the ACHP.The ACHP
project will have substantial effects on important historic may then advise the federal agency to reconsider its findings.
properties,the ACNP may elect to participate directly in the
consultation.The ACHP may also get involved if important
policy questions are raised,procedural problems arise,or if
there are issues of concern to Indian tribes or Native Hawaiian
organizations.
Whether or not the ACHP becomes involved in consultation,
you may contact the ACHP to express your views or to request ' Jr,y
guidance,advice,or technical assistance.Regardless of the
CONTACTING THE ACHP:
A CHECKLIST
Co C& c.tc ea-.vt,.ppti.['.ati-td- When you contact the ACHP try to have the
following information available:
►the name of the responsible federal agency and
how it is involved;
►a description of the project
►the historic properties involved;and
►a clear statement of your concerns about the
project and its effect on historic properties.
4� � dIf you suspect federal involvement but have been
unable to verify it,or if you believe the federal agency
ar4 T ,e;,
or one of the other participants in review has not
fulfilled its responsibilities under the Section 106
regulations,you can ask the ACHP to investigate.In
either case,be as specific as possible.
A panel of ACHP members listen to comments
during a public meeting,
18AOViSORYCOUNCIL ONHISTORIC PRESERVATION &le,ter 6.: 904to.�ic_eart+ 'en, 19
When Agencies Don't Following Through
Follow the Rules
A federal agency must conclude Section 106 review before
t
making a decision to approve a project,or fund or issue a
permit that may affect a historic property.Agencies should not
make obligations or take other actions that would preclude 7.0`
consideration of the full range of alternatives to avoid or a APO' `
minimize harm to historic properties before Section 106
�am
review is complete.lithe agency agency acts without properly completing Section 106 ► +, a j
10
review,the ACNP can issue a finding that the agency has ° '41'
prevented meaningful review of the project.This means that,
in the ACHP's opinion,the agency has failed to comply with
Section 106 and therefore has not met the requirements of
federal law.
A vigilant public helps ensure federal agencies comply fully
with Section 106.In response to requests,the ACHP can
investigate questionable actions and advise agencies to take Milton Madison Bridge over the Ohio River between
corrective action.As a last resort,preservation groups or Kentucky and Indiana(photo courtesy Wilbur Smith
individuals can litigate in order to enforce Section 106. Associates/Michael Baker Engineers)
If yon are involved in a project and it seems co be getting off
track,contact the agency to voice your concern.Call the SHPO
or THPO to make sure they understand the issue.Call the After agreements are signed,the public may still play a role in
ACHP if you feel your concerns have not been heard. the Section 106 process by keeping abreast of the agreements
that were signed and making sure they are properly carried out.
The public may also request status reports from the agency.
Designed to accommodate project needs and historic values,
Section 106 review relies on strong public participation.
Section 106 review provides the public with an opportunity to
influence how projects with federal involvement affect historic
properties.By keeping informed of federal involvement,
participating in consultation,and knowing when and whom to
ask for help,you can play an active role in deciding the future of
historic properties in your community.
Section 106 review gives you a chance to weigh in when
projects with federal involvement may affect historic properties
you care about.Seize that chance,and make a difference!
20 ADVISORY COUNCIL ON HISTORIC PRESERVATION G', t.rt ui tic 6 t c a. 21
Contact Information
Advisory Council on Historic Preservation National Park Service
Office of Federal Agency Programs Heritage Preservation Services
1100 Pennsylvania Avenue,NW,Suite 803 1849 C Street,NW(2255)
Washington,DC.20004 Washington,D.C.20240
Phone:(202)606-8503 E-mail:NPS_HPS-info@nps.gov
Fax(202)606-8647 Web site:www.nps.gov/history/hps
E-mail:achp@achp.gov
Web site:wwwachpgov National Register of Historic Places
1201 Eye Street,NW(2280)
The ACHP's Web site indudes more information about working Washington,D.C.20005
with Section 106 and contact information for federal agencies, Phone:(202)354-221 1
SHPOs,and THPOs. Fax:(202)371-6447
E-mail:nr_info@nps.gov
Web site:www.nps.gov/history/nr
National Association of Tribal Historic
Preservation Officers
National Trust for Historic Preservation
P.O.Box 19189
Washington.D.C.20036-9189 1785 Massachusetts Avenue,NW
Phone:(202)628-8476 Washington,D.C.20036-2117
Fax(202)628-2241 Phone:(800)944-6847 or(202)588-6000
E-mail:info®nathpo.org Fax(202)588-6038
Web site:www.nathpo.org Web site:www.preservationnation.org
The Notional Trust has regional offices in San Francisco,Denver,
National Conference of State Historic Fort Worth Chicago,Boston,and Charleston,as well as field
Preservation Officers offices in Philadelphia and Washington,D.C.
444 North Capitol Street,NW Suite 342
Washington,D.C.20001 Office of Hawaiian Affairs
Phone:(202)624-5465
Fax:(202)624-5419 711 Kapi'olani Boulevard,Suite 500
Web site:www.ncshpo.org Honolulu,HI 96813
For the SHPO in your state,see wwncshpo.org/find/indexhtm Phone:(808)594-1835
w.
Fax:(808)594-1865
E-mail:info@oha.org
Web site:www.oha.org
22 ADVISORY COUNCIL ON HIS PRESERVATION el o-tcct, :afo- Are 'ea 23
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viaduct(photo
Staff Archaeologist,ODOTIOffice of
- - `' ental Services)
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24 ADVISORY COUNOL ON HISTONC PitESERVATION
National Register of Historic Places - C
Who We Are illttlolndac:a.Reepmes;:p...;
The National Register of W stocicPlacn IA the nfilcial llae nr the NstianMeinfmm•ofd°ao°the
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Commemorating 50 Years of
The National Historic Preservation Act
Search... Go
f
About Goals Initiatives Team Engage Blog Media
Agenda Summary
Preservation50's five goals were derived by consulting leaders In the field and the public,and refined over two years.Each goal,in
bold below,has a primary strategy,in italics below.Each strategy Is advanced through multiple Initiatives,bulleted below.
Goal 1:Build the coalition required to power a more effective preservation movement.
Unite partners across sectors in the largest most diverse,and most collaborative preservation coalition in history.
• Enlist Official Partners across sectors.
• Enlist an Advisory Board with unprecedented reach. N PROPER I Y•
• Enlist an Honorary Board with national credibility.
• Enlist a Steering Committee to provide day-to-day guidance. f I . liEI:N FL AC El i ON 1 HE
• Enlist a Management Team to convert vision to impact.
NATIONAL REGISTER
• Enlist Working Groups to support implementation.
• Enlist Sponsors to underwrite initiatives. OF HISTORIC Pt \LES
• Engage the Public directly and through partners.
10 't HI., INi ILU SI;i"(Li
Goal 2:Learn from the first 50 years of the NHPA to plan preservation's i)FI \FIVINTof, THE [VI ERIi1R
stronger future.
Organize discussions of critical topics that connect lessons learned with new strategies. A typical plaque found on properties listed
in the National Register of Historic Places.
• Conduct a broad poll of the preservation-minded public to identify key Photo credit:Jonathunder
priorities for Preservation50's agenda.
• Curate best-in-class content on key topics about preservation's past and future.
• Celebrate how far preservation has come at conferences and events.
• Document preservation's powerful impacts on communities nationwide.
• Host a commemorative event at the Lyndon B.Johnson Presidential Library in Austin,Texas.
• Arrange for free digital distribution of With Heritage So Rich,the book that led to the NHPA.
• Publicize success stories and lessons learned.
Goal 3:Tell the story of heritage preservation's value to a broad range of Americans.
Use social,digital,and traditional media to reveal impacts in ways visual,savvy,and inclusive.
• Build www.preservation50.org into a dynamic and interactive web platform.
• Coproduce a television series and/or film to convey the value of preservation to a mass audience.
• Run a robust social media campaign spotlighting the missions and works of all partners.
• Design and distribute an e-newsletter to broad and diverse stakeholders.
• Conduct a national photography contest to convey preservation's power visually.
• Deploy Next Exit History,a historic places tourism app featuring 60,000+historic sites.
• Develop compelling messages for diverse audiences in a traditional media campaign.
• Develop and deploy an inspiring brand and representative logos.
• Align brand with Super Bowl 50 to reach a broader demographic.
http://preservation50.org/initiatives/ 2/29/2016
Preservation50—Agenda Summary Page 2 of 2
• Enlist recognized personalities to produce public service announcements.
• Host Making Archaeology Public Project(MAPP)videos about how archaeology Improves public life.
Goal 4:Educate policymakers about improving heritage policy and funding.
Lay the groundwork for greater credibility and influence in subsequent years.
• Marshall partners'members to participate in educational visits with federal and state legislators
• Craft messaging and strategy to explain benefits of full and permanent funding of the Historic Preservation Fund.
• Develop future public policy recommendations for the next President and future Congresses.
• Host a Capitol Hill launch reception.
• Craft a model joint resolution for state legislatures to recognize the impacts of the NHPA.
Goal5:Prepare the heritage preservation movement's future leaders.
Forge programs that build the capacity of emerging leaders capable of transformative action.
• Identify,engage,educate,and network individuals capable of securing past and future progress.
• Design curricula and pedagogy for in-person and on-line offerings.
• Explore strategies to match volunteer talent to preservation organizations'needs nationwide.
®2016 Preservation50.All rights reserved. f !I
111
http://preservation50.org/initiatives/ 2/29/2016
ict1A,-sf�,, CITY OF EDINA
c 4801 West 50th Street
A , , A0 Edina, MN 55424
° 88Fw��k ' www.edinamn.gov
S
Date: March 8, 2016 Agenda Item#:VI.C.
To: Heritage Preservation Board Item Type:
Other
From: Joyce Repya, Senior Planner
Item Activity:
Subject: 2016 Work Plan Calendar Discussion
ACTION REQUESTED:
None
INTRODUCTION:
A 2016 monthly calendar has been provided to ensure that the 2016 work plan remains on course; and to provide
assistance for future planning.
ATTACHMENTS:
HPB 2016 Work Plan Calendar
2016 HPB Work Plan
EDINA HERITAGE PRESERVATION BOARD
2016
WORK PLAN CALENDAR
January 12, 2016
Interviews for Appointment of New Board Members
Recognition of Departing Board Members
February 9, 2016 - Annual Meeting
Election of Officers
2016 Heritage Award Nomination - Advertise
City of Edina Recognition Event- Monday, February 29th, Braemar Club House
March 8, 2016
New Board Members —Orientation & Introductions
Review of Potential Heritage Award Candidates
April 12, 2016
Approval of Heritage Award Winner
Plan for Preservation Month Recognition Activities
Wooddale Bridge EHL Designation - Planning Commission Presentation -Wednesday, April 13th
May 10, 2016 — Preservation Month
Proclamation "May— Preservation Month" — May 3rd Council Meeting
Presentation of Heritage Award by City Council — May 3rd Council Meeting
Announcement of Heritage Award Winner in press and on website
Wooddale Bridge EHL Designation Public Hearing - City Council - May 3rd or 17th Council Meeting
June 14, 2016
2017 Work Plan Evaluation
July 12, 2016
Summer Tour- Date & Destination TBD
2017 Work Plan Evaluation
August 8, 2016 (MONDAY)
2017 Work Plan Finalize
1
September 13, 2016
2016-2017 Student Members Orientation & Introductions
2017 Work Plan Presented to City Council for Review/Approval
MN Historic Preservation Annual Conference— Hastings, September 8th & 9th
September 20th City Council Work Session - 6:15 p.m.
October 10, 2016 (MONDAY) - Televised Meeting
MN Historic Preservation Conference Report
November 7, 2016 (MONDAY)
Plan for the televised December meeting
December 13, 2016
HPB Mission and Goals
Review Accomplished 2016 work plan
January 2017
February 2017
2013 Heritage Award —Advertise for Nominations
Routine Business Items
*Resident Proposals requiring HPB approval, including Certificates of Appropriateness and
designation as an Edina Heritage Landmark
*Community Comment— opportunity for residents to share new issues or concerns
*Updates from Planning Staff and Consultant on Initiatives & Grants
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(1: = CITY OF EDINA
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6 VI 6
y0 Edina, MN 55424
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.80
Date: March 8, 2016 Agenda Item#:VI.D.
To: Heritage Preservation Board Item Type:
Other
From: Joyce Repya, Senior Planner
Item Activity:
Subject: 2016 Edina Heritage Award Nominations Discussion
ACTION REQUESTED:
None
INTRODUCTION:
The call to receive nominations for the 2016 Edina Heritage award has been announced, and nominations will be
received until Friday,April 8th.At the April 12th meeting, the HPB will decide upon the award recipient. Board
members are encouraged to spread the word about the award program, and consider submitting their own
nomination.
C.,% = 1�,, CITY OF EDINA
o 12 't 4801 West 50th Street
v ,- wig 0.t.'"! Edina, MN 55424
''''',..„,,,,v" www.edinamn.gov
Date: March 8, 2016 Agenda Item#:VILA.
To: Heritage Preservation Board Item Type:
Correspondence
From: Joyce Repya, Senior Planner
Item Activity:
Subject: Correspondence Information
ACTION REQUESTED:
None
INTRODUCTION:
Attached is the correspondence received by the HPB since the February 9th meeting.
ATTACHMENTS:
HPB Correspondence 3-8-2016
a/(D if) COMMUNICATION BETWEEN CITY COUNCIL&
BOARDS AND COMMISSIONS •
Council Charge
• The Council Charge is a guide for Council to provide clear and specific direction to Boards and
Commissions.
• Council Charge is given in instances when Council tasks a board or commission with an
initiative.
• City staff ensures Council identifies the charge level of the task to be communicated back to
the board or commission.
• The Council Charge concept is also implemented in Board and Commission work plans.
• Board/Commission is asked to study a specific issue or event
Charge I Study and Report and report its findings to City Council.
• Board/Commission is asked to review a specific policy issue
and to seek comments from each individual member of the
group to pass on to City Council for further consideration.
Review and • Member comments will be included in the Staff Report
Charge 2 Comment (optional, Board/Commission can include an Advisory
Communication with the staff report).
• No vote is taken by the Board or Commission.
• No official Board/Commission recommendation is provided
to City Council.
• Board/Commission is asked to review a specific policy issue
and to issue a recommendation on the issue to the City
Council.
Charge 3 Review and • Member comments will be included in the Staff Report
Recommend (optional,Board/Commission can include an Advisory
Communication with the staff report).
• A majority vote is necessary for a recommendation to be
formally submitted to City Council.
• Board/Commission is asked to study, review,and decide on
an issue.
Charge 4 Review and Decide • The group's decision will be the City's official position on the
matter unless the issue is formally considered and reversed
by a majority vote of City Council.
Annual Work Plan
• The annual work plan process enables boards and commissions to propose their goals and
initiatives for the upcoming year.
• The Council reviews those goals and initiatives before giving final direction on board and
commission priorities.
• The Council provides specific work plan direction to the Boards and Commissions by using a
Council Charge System incorporated into the work plans.
Page I1
Final 20I 6.02.02
Vp�rsn.Mor
(p fi 'r COMMUNICATION BETWEEN CITY COUNCIL&
®nif
BOARDS AND COMMISSIONS
January:Annual
Work Plan
Begins
Nov/Dec:Council
review and Annual June-August:
approve Board& Work Plan Proposed work
Commission plan created by
Work Plans for Calendar BC.
upcoming year.
Sept/Oct:Work
Plan proposals
presented by BC
chair to City
Council at Work
Session.
joint Work Session
• City Council generally has a work session prior to every City Council meeting.
• Council work sessions are designed to be less formal than a City Council meeting and to solicit
open discussion.
• A joint work session is a City Council work session with another group like Boards and
Commission.
• Every Board and Commission has one joint work session a year(no more than 60 minutes in
duration).
• The joint work session is an opportunity to update the Council on the Board and
Commission's current work plan and to get Council feedback on the progress to date.
Meeting Minutes
• Board and Commission meeting minutes are intended to record what was done at the meeting
to provide the Council and members an overview of board and commission proceedings.
Page2
Final 2016.02.02
G COMMUNICATION BETWEEN CITY COUNCIL &
•� .' BOARDS AND COMMISSIONS
• The City has guidelines for meeting minutes to improve the readability by making their length
shorter and more concise.
• Approved minutes are always submitted to City Council as part of their packet and uploaded
to each Board and Commission's public webpage.
• Council members are very diligent about reading board and commission minutes.
Staff Report
• Staff reports are prepared by the staff liaison to forward a regulatory item or other goal from
the board and commission's approved work plan to a Council meeting for approval or
direction.
• It is the responsibility of staff to outline the position of the board and commission,as well as
staff recommendations,and to highlight any important differences between the two.
• Staff reports will be included under"Reports&Recommendations"on the City Council agenda.
Advisory Communication
• Advisory communications are prepared by the Board and Commission members under the
direction of the Board and Commission.
• Advisory communications can be used for items on the Board or Commission's work plan and
for items not on the work plan.
Item Type Report Agenda Location Speaking
Opportunity
Board/Commission
Staff Reports are submitted
Chair or designee can to
for work plan items. Work plan items are
AdvisoryCommunications pler"Reports speak(not required)for
Work Plan Items: can be submitted in Recommendaacedundtions"on& 3 minutes on their
conjunction with a Staff the City Council agenda. Advisory
Report. Communication at the
City Council meeting.
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kPlan AdvisoryCOni tion moeam ..- 7c;1‘
ei 3o�i
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,ficin workplan item City Council#agenda . r,ncil. x,
Page j3
Final 2016.02.02
JOIN US FOR
THE SECOND ANNUAL
A lam' G
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t
. 3 HISTORIC
•
. •,
f
NEIGHBORHOOD
WALKING TOUR
1
, A STROLL THROUGH THE
1HISTORY & ARCHITECTURE OF THE
COUNTRY CLUB DISTRICT
SATURDAY, MAY 7th 2016
9 :30 AM CHECK-IN
10-11 AM TOUR
Wooddale Park Pavilion 4500 W.50th Street,Edina
Sic,ticket fee payable by cash or check day of event
Advance Reservation via ccnfpca outlook.coin
14 Minnesota
Using the Power of History to Transform Lives
Historical Society PRESERVING SHARING CONNECTING
February 12, 2016
•The Honorable James Hovland
Mayor of Edina
4801 W. 50th St.
Edina, MN 55424
RE: Bridge No.90646, (Wooddale Avenue Bridge)Wooddale Avenue over Minnehaha Creek, Edina,
Hennepin County
Dear Mayor Hovland:
I am pleased and honored to congratulate you upon the entry of Bridge No.90646 in the National Register of
Historic Places. The National Register,as you know, is a listing of districts,sites, buildings,structures, and
objects considered to be worthy of preservation. An information sheet describing the program is enclosed. The
property was listed on February 2, 2016.
By recognizing the significance of your property and planning for its preservation you are participating in a
national movement which aims to preserve,for,the benefit of future generations, our cultural heritage.
If you have any questions,feel free to contact Denis Gardner, National Register Historian,at 651-259-3451,
denis.gardner@mnhs,org or 345 Kellogg Blvd. W., St. Paul, MN 55102. Again,congratulations on receiving this
important designation.
Sincerely,
00 .1 a t •
Barbara Mitchell Howard
Deputy State Historic Preservation Officer
Enclosures: National Register Program
cc: Mr. Ryan Weber, Chair, Edina Heritage Preservation Board,4801 W. 50th St., Edina, MN 55424
Hennepin County Board of Commissioners,A2400 Government Center, 300 S.6th St.,
Minneapolis, MN 55404
President, Hennepin History Museum, 2303 Third Ave. So., Minneapolis, MN 55404
President, Edina Historical Society, 4711 W. 70th St., Edina, MN 55431
Ms. Kelli Andre Kellerhall,The 106 Group, 1295 Bandana Blvd. N.#335, St. Paul, MN 55108
Mr. Greg Mathis, MnDOT,395 John Ireland Blvd., Mail Stop 620,St. Paul, MN 55155
Minnesota Historical Society,345 Kellogg Boulevard West,Saint Paul,Minnesota 55102
651-259-3000•888-727-8386•www.mnhs.org
THE NATIONAL REGISTER OF HISTORIC PLACES PROGRAM
The National Register of Historic Places is the official list of historic properties recognized by the Federal Government as
worthy of preservation for their significance in American history, architecture, archaeology, engineering and culture. The
National Register was created in 1966 and is part of a national program to coordinate and support public and private
efforts to identify, evaluate, and protect our significant historic places under the provisions of the National Historic
Preservation Act. The National Park Service provides oversight for the program under the Secretary of the Interior. The
program is managed by the professional staff of the National Register in Washington, DC, State Historic Preservation
Officers, and the Preservation Officers in Federal Agencies. Contact the State Historic Preservation Office for information
describing the National Register program. For online information go to:
http://www.nps.gov/history/nr/national register fundamentals.htm
http://www.nps.qov/history/nr
http://www.mnhs.org/shpo
http://nrhp.mnhs.orq/
For further information refer to 36 CFR(Code of Federal Regulations)60. For online information go to:
http://www.nps.gov/history/nr/requlations.htm
•
LISTING IN THE NATIONAL REGISTER PROVIDES BENEFITS TO HISTORIC PROPERTIES:
Eligibility for Federal Tax Provisions: Since 1976 the Federal Internal Revenue Code has contained a variety of
incentives to encourage capital investment in historic buildings and to spur revitalization of historic properties. These
incentives include a 20% investment tax credit to encourage the preservation of historic commercial, industrial, and rental
residential buildings listed on the National Register by allowing favorable tax treatments for rehabilitation. Owners of
National Register properties who choose to participate in the preservation tax incentive program must follow the Secretary
of the Interior's Standards for Rehabilitation and receive approval by the National Park Service of the rehabilitation project
in order to receive the tax credit.
A 10%rehabilitation tax credit applies only to non-historic, non-residential buildings built before 1936. The 10% credit and
the 20%credit are mutually exclusive. Buildings listed on the National Register are eligible only for the 20%tax credit.
Owners of non-historic buildings in historic districts may claim a 10%credit only if they file a Part 1 Historic Preservation
Certification Application with the National Park Service and receive a determination that the building does not contribute to
the district and is not a certified historic structure. You may contact the State Historic Preservation Office for a brochure
describing the Preservation Tax Incentives or for online information go to:
http://www.nps.gov/tps/tax-incentives.htm
For further information on building certification requirements refer to 36 CFR(Code of Federal Regulations)67. For online
information go to: http://www.nps.gov/history/hps/tps/tax/IRS.htm
Eligibility for State Tax Provisions:The Minnesota Rehab Tax Credit was signed into law in April 2010.The state rehab
tax credit mirrors the 20%federal historic preservation tax credit and must be used in conjunction with the federal credit.
Property owners who are undertaking a historic rehabilitation project are eligible to receive a state income tax credit up to
20%of qualifying rehabilitation expenses. Owner may elect to receive a grant in lieu of a credit equal to 90% of the
allowable credit. For online information go to: http://www.mnhs.orq/shpo/qrants/MN HistoricStructureRehabilitationState
TaxCred it.htm
Easement Donations:The Federal Internal Revenue Code also provides for Federal income, estate, and gift tax
deductions for charitable contributions or partial interests in real property(land and buildings). Taxpayers'gifts of qualified
interest may be"exclusively for conservation purposes." For online information go to:
http://www.nps.qov/tps/tax-incentives.htm
Because tax aspects outlined above are complex, individuals should consult legal counsel or the appropriate Internal
Revenue Service office for assistance in determining the tax consequences of the above provisions. Colleen Gallagher is
the IRS representative who serves taxpayers in Minnesota. She can be contacted at 651/726-1480.
Consideration in planning for Federal,federally licensed,and federally assisted projects: Section 106 of the
National Historic Preservation Act requires federal agencies to take into account the effects of their actions on historic
properties listed on or determined eligible for the National Register. Regulations of the Advisory Council on Historic
Preservation, an independent Federal agency, guide this consultation process, which is intended to assure that the value
of the historic property is considered in project planning. For online information go to: http://www.achp.gov
For further information on the Advisory Council refer to 36 CFR(Code of Federal Regulations) Part 800. For online
information go to: http://www.achp.gov/reqs-rev04.pdf
Qualification for Federal grants for historic preservation: Presently, funding levels are inadequate for these grants to
be available.
Consideration in planning for State,state licensed,and state assisted projects: Minnesota Statues Chapter 138
requires that state departments and agencies have the responsibility to protect the physical features and historical
character of properties listed in the National Register by consulting with the Minnesota Historical Society before carrying
out any undertaking, or funding, or licensing an undertaking by other parties to determine appropriate treatments and to
seek ways to avoid and mitigate any adverse effects on listed properties. For further information, refer to Minnesota
Statutes Chapter 138.665 and 138.666. The statutes are online at:
http://www.revisor.leg.state.mn.us/statutes/?id=138.665
http://www.revisor.leg.state.mn.us/statutes/?id=138.666
Consideration before demolition: The rules of the Minnesota Environmental Quality Board(EQB) require preparation of
an Environmental Assessment Worksheet(EAW) by the responsible unit of government for any proposed demolition of a
property listed in the National Register. For further information on the Environmental Quality Board refer to Minnesota
Rules Parts 4410.0200, 4410.1000 and 4410.4300 subpart 31 or call 651/201-2477. For online information go to:
https:/www.revisor.mn.gov/rules/?id=4410 •
https://www.revisor.mn.gov/rules/?id=4410.4300
ADDITIONAL INFORMATION ABOUT THE NATIONAL REGISTER PROCESS AND THE MEANING OF LISTING:
Listing on the National Register does not mean that the Federal Government wants to acquire the property, place
restrictive covenants on the land, or dictate the color or materials used on individual buildings. State and local ordinances,
local historical commissions, or laws establishing restrictive zoning, special design review committees, or review of
exterior alterations, are not a part of the National Register.
Historic properties of national, state, or local significance under private or local/state government ownership may be
nominated by the State Historic Preservation Office. Property owners, historical consultants and Preservation Office staff
may prepare nominations.A Federal agency's Federal Preservation Officer nominates properties under Federal
ownership to the National Register. For online information go to: http://www.achp.gov/fpoagencvinfo.html
Tribal Historic Preservation Offices(THPO)perform the same type of preservation activities as those performed by State
Historic Preservation Offices.These activities, however, are associated with historic properties located on Tribal Lands.
Contact the State Historic Preservation Office for a list of Tribal Historic Preservation Offices in Minnesota. For online
information go to: http://www.achp.gov/thpo.html
Procedures have been developed to certify local governments(CLG). The mayor and the heritage preservation
commission as the CLG may comment on a property being nominated in their city. If both the mayor and the heritage
preservation commission determine that the property does not meet National Register criteria,the nomination will not be
considered unless an appeal is filed with the Preservation Office. For a list of certified local governments, contact the
Preservation Office.
Minnesota Historical Society
State Historic Preservation Office
345 Kellogg Blvd West
St. Paul, Minnesota 55102
651-259-3450
Fax: 651-282-2374
mnshpo(a)mnhs.orq
http://vvww.mnhs.org/shpo
9/1/2004; 6/8/2005; 6/27/2005;6/7/2006; 11/13/2008; 8/13/2010; 4/11/2011; 1/30/2014