OFFICIAL SITE OF THE STATE OF NEW JERSEYProject Review
Review basics
Our office administers many programs that offer protection for historic properties. Projects involving federal funding require review if they could potentially impact historic resources. These help projects avoid, minimize or mitigate effects on historic resources. Our Project Review staff offer consultation and technical assistance to sponsoring agencies and their consultants.
References
Historic preservation regulations
Learn about federal- and state-level regulations that govern historic preservation in New Jersey.
HPO numbering systems
Learn how we label and organize project reviews and related materials.
Glossary
Find definitions for regulatory review and other terms used throughout our office.
Undertakings
What is an undertaking?
Any project, activity or program with federal agency involvement is considered an undertaking. This involvement includes
- Funding
- Permitting
- Approvals
- Projects taking place on federal lands
Examples
Federal undertakings range from small-scale to large scale. For example,
- Small-scale: installation of a new cell tower that requires Federal Communications Commission approval.
- Large-scale: construction of a new highway that receives Federal Highway Administration approval.
Any number of federal undertakings have the potential to effect historic properties. For example,
- The Department of Housing and Urban Development plans new affordable housing. The development is in an urban historic district.
- The National Park System conducts trail maintenance. The trail runs through an archaeologically sensitive section of woodlands.
| Undertakings | Not undertakings |
|---|---|
|
|
Encroachments
The effects of an undertaking may be …
- Beneficial or adverse
- Direct or indirect
An adverse effect is an effect that does not meet the Secretary of the Interior’s Standards and Guidelines for the Treatment of Historic Properties. When a project has an adverse impact or effect on the property, it is an encroachment.
What are the Standards?
The Secretary of the Interior recognizes the following treatments:
- Preservation
- Rehabilitation
- Restoration
- Reconstruction
Each has a precise meaning that does not always match common usage. For example, press coverage of a reconstructed bridge may mistakenly call it “restored.” Read the full Standards for exact definitions and descriptions of these treatments.
The Secretary of the Interior's Standards for the Treatment of Historic Properties (NPS)
Browse the online version of the standards.
Publication version of the Standards
Download the published PDF version of the standards, originally from NPS.gov.
Examples of encroachments
- Demolition of a contributing resource in a historic district.
- Taking of property from a historic resource.
- Alteration of key character-defining elements of a listed property.
- New construction that is incompatible with the historic property.
Our staff identify encroachments within a 45-day time frame. This review period starts after we receive a technically complete application. If we determine it is not an encroachment, we authorize our decision in writing.
Types of regulatory review
Historic properties listed on the New Jersey and/or National Registers have extra regulatory protections. Before we explore the details of either, the following table highlights key differences between Section 106 and New Jersey Register Review:
| Category | Section 106 | Register Review |
|---|---|---|
| Established by … | The National Historic Preservation Act | The New Jersey Register of Historic Places Act |
| Administered by … | Advisory Council on Historic Preservation with input from DEP, HPO, others | DEP, HPO |
| The project is … | Federally licensed, financed or assisted | State, county or municipal undertaking |
| Affects historic properties … | Listed in or eligible for the National Register | Listed in the New Jersey Register |
Additionally, listed properties may fall under a process collectively called DEP Review. Our office coordinates with other DEP programs to review various environmental permitting activities.
Major review processes
The National Historic Preservation Act of 1966 requires federal agencies to consider the effects of certain projects on historic properties. This process is commonly referred to as Section 106 review. The Advisory Council on Historic Properties (ACHP) oversees and facilitates this process.
The Section 106 process
A federal project with the potential to affect historic properties requires Section 106 review, completed by the project’s federal agency. However, our office has the opportunity to comment and make recommendations. The public and all interested parties also have the opportunity to comment. Section 106 breaks the reviews into steps and addresses comments and concerns. Thus, it integrates local, state and federal oversight into public projects.
Federal agencies are responsible for the initiation of Section 106 review. They will coordinate directly with
- Our office
- Any relevant Native American Tribal Historic Preservation Offices (THPOs).
In short, the federal agency will:
- Gather information to determine the potential effect. The agency searches for historic properties in or near the project area. These properties can be either listed in or eligible for the National Register of Historic Places.
- If these properties are present, determine how the proposed undertaking may affect them.
- Explore measures to avoid or reduce harm (adverse effects) to these properties.
- Reach an agreement between the federal agency, the SHPO/THPO, and interested parties. The ACHP is also sometimes called upon to give recommendations or advice.
An Introduction to Section 106 (ACHP)
Move through the ACHP’s interactive flowchart of the stages of Section 106.
Other federal Section 106 references
36 CFR Part 800: Protection of Historic Properties
The Code of Federal Regulations includes all Section 106 regulations.
Protecting Historic Properties (ACHP)
Read further guidelines online or download publications about Section 106 from ACHP’s main Section 106 portal.
NEPA and NHPA: A Handbook for Integrating NEPA and Section 106
Guidance on improving environmental reviews by integrating the National Environmental Policy Act of 1969 (NEPA) and Section 106 (“National Historic Preservation Act of 1966″/NHPA).
Environmental Review Toolkit: Section 106 Tutorial (FHWA)
The Federal Highway Administration’s (FHWA) guide to Section 106 in the context of transportation projects, including sample projects with each type of finding.
Tribal Consultation
Consultation is the process of seeking, discussing, and considering the views of other participants, and, where feasible, seeking agreement with them regarding matters arising in the Section 106 consultation process. Federal agencies are required to consult with federally recognized Tribes that may attach religious and cultural significance to a historic property even if the tribe is no longer living within the State.
Tribal Directory Assessment Tool (HUD)
The Department of Housing and Urban Development (HUD) developed a tool that provides contact information for
- Tribal leaders
- Tribal Historic Preservation Offices
- Counties where the tribes have current and ancestral interest
New Jersey Commission on American Indian Affairs (DOS)
Learn more about New Jersey’s three state-recognized Tribes:
- Nanticoke Lenni-Lenape Tribal Nation
- Powhatan Renape Nation
- Ramapough Lenape Nation
Consultation with Indian tribes (ACHP)
Find guidance from the Advisory Council on Historic Preservation (ACHP) on Tribal consultation as part of Section 106 consultation.
The New Jersey Register of Historic Places Act established statewide historic property listings in 1970. Our office maintains this registry and participates in regulatory protections for its properties. The Department of Environmental Protection’s Commissioner has final authorization power. Any project subject to review must receive prior authorization from the Commissioner.
Projects must involve one or more of the following to qualify as a public undertaking under this law:
- State government agencies
- County government agencies
- Local government agencies
- Lessees or agents of these agencies
Strictly private undertakings are not reviewable.
If a public undertaking will encroach upon registered properties, it must undergo New Jersey Register Review. This determines the following:
- Is the project an encroachment?
- If it is an encroachment, may it still proceed?
- If it may proceed, are there any conditions?
New Jersey Register review steps
N.J.A.C. 7:4 outlines the procedures for Register Review:
- 1. Submission of an Application for Project Authorization.
- 2. Our office reviews this application for technical completeness.
- 3. Then, we review for a determination of Encroachment or No Encroachment. Projects that do not constitute an encroachment are approved administratively.
- 3a. Review by the Historic Sites Council for those projects deemed Encroachments.
- 3b. Projects deemed encroachments must be reviewed by the Historic Sites Council.
- 4. The Commissioner takes final action based on HPO and Historic Sites Council recommendations.
Application for Project Authorization
The government agency (or lessees or agents) must submit an Application for Project Authorization. Review cannot advance until this is technically complete and sufficient. Therefore, we encourage applicants to discuss the undertaking with us as early in the planning process as possible.
Historic Sites Council
If we determine the project is an encroachment, it advances to the Historic Sites Council. They review the application and make their recommendations to the Commissioner. Then, the Commissioner may do one of the following:
- Authorize the encroachment as described in the application.
- Authorize the encroachment with conditions.
- Temporarily deny the application because it needs additional information or further exploration of alternatives.
- Deny the application with specific reasons.
The Commissioner must render a final decision within 120 days of receiving the technically complete application.
Historic Sites Council
Learn about the meeting process and upcoming meeting schedules.
Our parent agency is the New Jersey Department of Environmental Protection. DEP issues permits, licenses and registrations for various projects within the state. Within the Watershed and Land Management Program (WLM), the Division of Land Resource Protection (DLRP) oversees environmental permitting within various regulated areas. This is part of the environmental review process established through Executive Order 215. Some DLRP-regulated projects may involve impacts to historic and archaeological resources. Thus, our office has review authority over several of these environmental permits.
Division of Land Resource Protection (DLRP)
Read more about DLRP’s responsibilities and access their permitting tools.
Maps (WLM)
Access WLM’s GIS-based permit screening tools and related guidance.
Types of permits
Our office consults with the DLRP to review projects requiring any of the following permits:
Alternatives Analysis surveys
This process can be requested as part of any of the state or federal regulatory review types on this page. It produces a study comparing the impacts of several proposed project designs.
Alternatives Analysis Outline for Protecting Buildings
Follow this outline when preparing an alternatives analysis report for our office.
Historic Bridge Alternatives Analysis Report Outline
Historic bridges have additional technical and engineering considerations. Follow this outline when preparing a historic bridge alternatives analysis report for our office.