Review and Compliance

The Massachusetts Historical Commission (MHC) reviews new construction, renovation, or demolition projects that require funding, license, permit, or approval from any state or federal governmental agency. This consultative review process seeks to reach agreement to avoid, minimize, or mitigate adverse effects on historic and archaeological properties.

The MHC’s reviews are triggered by federal or state agency involvement, not by listing in the National or State Registers of Historic Places. A listing in either register does not necessarily require review, nor does a lack of listing eliminate the need for review.

The MHC conducts reviews in compliance with both federal and state statutes and regulations.

All submissions must be on paper, submitted by mail or delivery to MHC's office. Electronic submissions are not accepted. Submitters should arrange for a delivery receipt, so the date of delivery to MHC is documented. If MHC requires a digitally formatted document, staff will make a specific request. MHC comments will be provided in writing, by mail. Due to the volume of submissions, status updates cannot be provided while a review is ongoing.

Federal Review

The MHC, as the office of the State Historic Preservation Officer (SHPO), reviews any projects that require funding, licenses, permits, or approvals from federal agencies, pursuant to Section 106 of the National Historic Preservation Act of 1966 as amended (54 USC 306108). Section 106 requires federal agencies to consider the effects of their actions on historic properties, and to take into account comments of consulting parties and the public prior to funding, licensing, permitting, or approving projects.

Section 106 reviews follow a specific process, guided by federal regulations (36 CFR 800). These regulations outline how federal agencies:

Notify and consult with consulting and interested parties—including the SHPO, Indigenous tribes, municipal government agencies including local historical commissions and historic district commissions, and project proponents—and take into account their comments in federal agency decision-making
Identify and evaluate historic properties that may be affected
Assess adverse effects to those properties
Take prudent and feasible measures to avoid, minimize, or mitigate those effects

More information on Section 106 Review and a copy of the federal regulations (36 CFR Part 800) can be found at the Advisory Council on Historic Preservation (ACHP).

You can also view examples of federal agencies and actions typically subject to 106 review here.

State Review

The MHC reviews any projects that require funding, licenses, permits, or approvals from state agencies, pursuant to M.G.L. c. 9 §§ 26-27C.

Regulations 950 CMR 71 guide the MHC’s review of projects that require state funding, license, or permits, or approvals. The state regulations outline a process that is similar to the federal Section 106 regulations:

Notification to the MHC
Identification of historic properties by MHC
Assessment of effects by the MHC
Consultation among interested consulting parties to avoid, minimize, or mitigate any adverse effects

MEPA Review

The Massachusetts Environmental Policy Act (MEPA) directs state agencies to consider the effects of their actions on the environment, including historic and archaeological properties (301 CMR 11). MEPA requires that MEPA filings be provided to the MHC. You can find information about MEPA on the website of the Executive Office for Energy & Environmental Affairs (EEA).

If a project reviewed through MEPA also requires any federal agency funding, permit, license, or approval, be sure to include that information in the MEPA filing. The MHC’s PNF requires information about both state and federal government agencies involved with the project, whereas MEPA’s ENF only asks to list state agency involvement.

Frequently Asked Questions

General Questions

How can I start the MHC review process?

You can initiate an MHC review by submitting a completed Project Notification Form (PNF) to the MHC’s office by mail or courier. The MHC does not accept email or other forms of electronic submissions for review of projects.

Make sure to include a photocopy of the appropriate section of the U.S. Geological Survey topographic quadrangle map with the boundaries of the project area clearly indicated; and scaled project plans — sized to be no larger than 11″ x 17″ — showing existing and proposed conditions. Whenever possible, please include with your PNF submission current photographs of standing structures and the general setting of the project area, with the direction of view keyed to a sketch map.

There is no fee for MHC’s review. The MHC comments in writing, not by telephone or email.

Download Project Notification Form (PDF)

Download Project Notification Form Guide (PDF)

When should I submit a PNF?

Submit the PNF as early as possible in the project planning process.

Who should complete the PNF?

The project proponent, or an appointed agent, can complete the PNF.

What will the MHC do with a completed PNF, and how long will it take?

Once the MHC receives a PNF, the MHC’s staff will review and respond (in writing) within 30 days. The response will include information on:

Whether there are known or expected historic or archaeological properties within the project area
Whether, and if so how the project is likely to affect historic or archaeological properties
Whether further MHC review is required
Whether additional information is needed to assess the likelihood that historic or archaeological properties will be affected by the proposed project
Whether an archaeological survey or historical properties study of the property is warranted
What, if any, avoidance or mitigation measures may be appropriate

If the MHC determines that the project is unlikely to affect significant historic or archaeological resources, the MHC review process is complete. If the MHC does not respond within thirty (30) days from receipt of the PNF, the project may proceed as planned without further MHC review. Please allow sufficient time for the MHC’s comments to arrive by mail.

Can I telephone or email the MHC to check review status?

No. The MHC has a small staff, and status inquiries actually delay project reviews.

Can I meet with MHC staff in person to present my project information?

No. Send in a completed Project Notification Form. The MHC’s staff will review it and arrange a meeting only if necessary.

What can I do to expedite review?

Accurate and complete application information ensures the fastest possible review times. Make sure the information you submit is complete to avoid delays. When completing a PNF, follow the instructions in the application guide.

Will MHC review delay a project?

The MHC’s review shouldn’t delay a project if conducted early in the project planning process. Delays usually occur when project planners wait until the last minute to submit project information, or if they submit incomplete information.

What are the benefits of MHC review?

The MHC’s review helps project proponents plan responsibly, and ensures that development occurs without causing harm to important historic properties and archaeological sites.

Even where a project does not require federal or state funding, licensing, permitting, or approval, the consultation process can help project proponents address community and preservation concerns about potential effects to historic and archaeological sites.

What is the difference between the State Register of Historic Places and the MHC’s Inventory of the Historic and Archaeological Assets of the Commonwealth?

The State Register of Historic Places contains properties that have received local, state, or national designations based on their historical or archaeological significance.

The Inventory of the Historic and Archaeological Assets of the Commonwealth is a much larger database of sites, structures, buildings, districts, and other properties in the Commonwealth. It includes the properties listed in the State Register, as well as thousands more that may or may not be eligible for listing in the State Register.

What constitutes a significant historical property or archaeological site?

Significant historical properties and archaeological sites are those that meet the National Register of Historic Places Criteria for Evaluation (36 CFR Part 60.4).

What happens if a National Register eligible or listed site, building, or structure is located within a project impact area?

If a National Register-eligible or listed site, building, or structure is identified within the impact area of the project, the MHC—or the federal agency—will apply the criteria of effect to determine whether the effect will be adverse.

For information on the criteria of effect, see 36 CFR 800.5 (federal) or 950 CMR 71.05 (state). Not all projects have adverse effects on historic properties. When the MHC, or the federal agency, determines that a proposed project will not have an adverse effect, the review is complete.

What happens if the project is determined to have an adverse effect to a significant historical or archaeological property?

If a project is found to have an adverse effect to a significant historical property or archaeological site, the MHC—or the federal agency—will consult with project proponents, government agencies, and other interested parties as needed.

This consultation identifies prudent and feasible measures that will avoid, minimize, or mitigate the adverse effect. The MHC—or the federal agency— may ask the project proponent to submit an analysis of alternatives, to assist the consultation process.

At the end of the consultation, if the adverse effect cannot be avoided, all parties develop and sign a Memorandum of Agreement (MOA). The MOA lists all actions that will be taken to avoid, minimize and/or mitigate the adverse effects—and states that the signatories agree to these measures. Once the stipulations of the MOA are fulfilled, the review is complete.

How is MHC review related to MEPA review?

The MHC’s review may be important in determining whether a project will require MEPA review. The MHC reviews all Environmental Notification Forms that are filed as part of the MEPA review process.

Projects that involve state agency action (funding, licensing, permitting, or approval) and trigger one or more MEPA “review thresholds” require MEPA review.

One MEPA review threshold involves potential damage to a property listed in MHC’s Inventory of the Historic and Archaeological Assets of the Commonwealth or in the State Register of Historic Places. In either case, an Environmental Notification Form (ENF) must be filed with MEPA.

Click here for more information on current MEPA review thresholds and regulations.

Citizens can also comment directly to the Secretary of Energy and Environmental Affairs if they are concerned about the effects of a project that is undergoing MEPA review. The MHC encourages being provided copies of citizen comment letters if they contain concerns about historic or archaeological resources.

I’m concerned about a proposed new development and its threat to a historic property. What can be done about it?

If the proposed new development will involve state or federal funding, license, permit, or approval, the project proponent must submit a PNF to the MHC.

If the proposed new development will involve only local permits, contact your local historical commission.

Archaeological Questions

What happens if the MHC requests an archaeological survey for a project?

If the MHC requests an archaeological survey for the project, the project proponent should connect with a qualified and regionally experienced archaeological consultant to conduct the survey. The consultant must receive a State Archaeologist’s field investigation permit (950 CMR 70) to conduct the survey.

A consultant informed me that my project will need an archaeological survey. How should I proceed?

A PNF should be submitted to the MHC. The MHC will ultimately confirm the need for an archaeological survey.

The MHC’s review of the PNF will determine the scope of the survey, and may also identify additional historical property concerns that need to be addressed. The MHC may even determine that no archaeological survey is needed.

Does the MHC maintain a list of archaeological consultants?

No. However, proposals can be solicited from any number of experienced firms that conduct archaeological investigations in Massachusetts and which are in good standing with the State Archaeologist’s regulations for their previous investigations.

How long does an archaeological survey take?

Completion time depends on the size of the project area, the scope of the investigation, weather conditions, the experience and number of the consultant’s staff, and other factors. Ask the archaeological consultant for a time estimate and schedule.

What if the archaeological survey does not find evidence of any, or any important archaeological sites?

The MHC will comment on the technical report of the archaeological investigation that no, or no important archaeological sites were identified.

What if the archaeological survey finds a potentially significant site?

The MHC will comment on the technical report of the archaeological investigation and either:

Recommend that you avoid and protect the sites, or:
Recommend further archaeological testing to determine if the site is eligible for listing in the State and National Registers of Historic Places.

What is a State Archaeologist’s Permit?

A State Archaeologist’s Field Investigation Permit is required for all archaeological investigations conducted pursuant to state and federal historic preservation laws, and in many other circumstances when the Commonwealth has an interest. The State Archaeologist’s permit regulations are published in 950 CMR 70. Official copies of these regulations are available from the State Bookstore. There is no fee for the permit.

Permit regulations protect both project proponents and archaeological resources by ensuring that:

Qualified and experienced professional archaeologists conduct such work;
Research approaches and methods are appropriate to the project needs;
Research, field, and laboratory work meets professional standards;
Records and artifacts are properly curated, and;
Technical research reports and related survey products are prepared for each project.

Permit applications are prepared by the archaeological consultant. The State Archaeologist reviews applications to determine whether they are complete and adequate.

If an application is not complete, the State Archaeologist must notify the archaeologist within 10 working days.
If an application is complete, the State Archaeologist issues or denies the permit within 60 days.

What happens if human remains are found during construction or under other circumstances (agriculture or erosion, for example)?

Immediately stop whatever activity has caused the disturbance of the remains and contact the State Police. Use the information on this page for additional guidance.

I’m concerned about fieldstone piles and stonewalls in a project area. What should I do?

Piles of fieldstone and stonewalls are common in rural and suburban Massachusetts, and often appear on rocky soils.

Stone piles are typically traced to agricultural activities from the 18^th and 19^th centuries, such as field clearing for pasture, cultivation, or marking property or land use boundaries (such as separating home lots, gardens, pastures, woodlots). When land was cleared and plowed, soil conditions changed and rocks emerged from the ground. Fieldstone piles and stonewalls were a handy way to deal with all those rocks.

Local historical societies or a historical research consultant can assist in researching land use history in areas of interest. A librarian can help find reprint editions of 18th- and 19th-century instruction manuals for farmers, to learn about how these common reminders of historical agricultural landscapes were once made and maintained. To learn more about this region’s historical masonry features, visit The Stone Wall Initiative (University of Connecticut).