The Massachusetts Historical Commission reviews any new construction projects (or renovations to existing buildings) that require funding, licenses, or permits from any state or federal governmental agency. This review measures the project’s potential impact on historic and archaeological properties.
Our 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.
We conduct reviews in compliance with both federal and state statutes and regulations.
We must review any projects that require funding, licenses, or permits from federal agencies, according to Section 106 of the National Historic Preservation Act of 1966. Section 106 requires federal agencies to consider the effects of their actions on historic properties.
Section 106 reviews follow a specific process, guided by federal regulations. These regulations outline how federal agencies:
In Massachusetts, agencies take these steps with the Massachusetts State Historic Preservation Officer (SHPO). The MHC is the office of the SHPO, and we also consult with other interested parties—such as local historical commissions or Indigenous tribes.
You can see more information on Section 106 review, and download a copy of the federal regulations statute (36 CFR Part 800), from the Advisory Council on Historic Preservation (ACHP).
You can also view examples of federal agencies and actions typically subject to 106 review here.
We must review any projects that require funding, licenses, or permits from state agencies, according to Massachusetts General Laws Chapter 9, sections 26-27C. This law created the MHC, the office of the State Archaeologist, and the State Register of Historic Places, among other historic preservation programs.
Regulations 950 CMR 70 and 950 CMR 71 guide our review of state funded, licensed or permitted projects. These regulations set up a process that mirrors the federal Section 106 regulations:
We also participate in reviews conducted under the Massachusetts Environmental Policy Act (MEPA), which directs state agencies to consider the effects of their actions on the environment, including historic properties. You can find information on MEPA on their website.
MEPA laws and regulations ensure that government agencies “look before they leap.” They don’t necessarily stop government from acting, but they promote responsible government.
We also consult under unmarked burial laws. Learn about what happens when human remains are accidentally uncovered during archaeological digs.
How can I start the MHC review process?
You can initiate an MHC review by submitting a completed Project Notification Form (PNF) to us by mail or courier. By law, we can’t accept email or electronic submissions.
Make sure to include current photographs of standing structures and the general setting of the project area with your PNF submission.
There is no fee for our review. We submit comments to project proponents 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 MHC do with a completed PNF, and how long will it take?
Once we receive a PNF, our staff will review and respond (in writing) within 30 days. The response will include information on:
If we determine that the project is unlikely to affect significant historic or archaeological resources, review is complete. If we don’t respond within 30 days, the project may also proceed as planned.
Can I call the MHC to check review status?
No. We have a small staff, and such phone calls can 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. Our staff will review it and meet in person 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?
Our 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?
Our review helps project proponents plan responsibly, and ensures that development occurs without causing harm to historic properties and important archaeological sites.
Even where a project does not require federal or state funding, licensing, or permitting, the consultation process can help project proponents address community and preservation concerns.
What is the difference between the State Register of Historic Places and 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.
Our 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 historic property or significant archaeological site?
Historic properties and significant archaeological sites are those that meet the criteria of eligibility for listing in the National or State Registers of Historic Places.
Criteria for National Register eligibility are listed at www.cr.nps.gov/nr/listing.
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 in consultation with us—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. If the project does not have an adverse effect, our review is complete.
What happens if the project is determined to have an adverse effect to a significant historic or archaeological property?
If a project is found to have an adverse effect to a significant historic property or archaeological site, we will consult with project proponents, government agencies, and any other interested parties as needed.
This consultation identifies prudent and feasible measures that will avoid, minimize, or mitigate the adverse effect. We may ask you to submit an analysis of alternatives, to determine if another action will avoid, minimize, or mitigate the adverse effect.
At the end of the consultation, 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, our review is complete.
How is MHC review related to MEPA review?
Our review may be important in determining whether a project will require MEPA review. We also reviews all Environmental Notification Forms, which are filed as part of the MEPA review process.
All projects that involve state agency action (e.g., funding, licensing, or permitting) and trigger one or more “review thresholds” require MEPA review.
One MEPA review threshold involves potential damage for 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.
We review all Environmental Notification forms and comments on any projects that may affect significant historic or archaeological properties. We will submit any comments directly to the Secretary of Environmental Affairs.
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. We welcome any 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, licenses or permits, the project proponent must submit a PNF.
If the proposed new development will involve only local permits, contact your local historical commission to see whether the property is in a Local Historic District or whether your municipality has a demolition delay by-law.
What happens if MHC requests an archaeological survey for a project?
If we request an archaeological survey for all or a portion of the project impact area, you should connect with a qualified archaeological consultant to conduct the survey.
A consultant informed me that my project will need an archaeological survey. How should I proceed?
You should still submit a completed PNF to the MHC, even if you think that we will ultimately confirm the need for an archaeological survey.
Our review of the PNF can help determine the scope of the survey, and may also identify additional historic concerns. We may even determine that no archaeological survey is needed.
Does MHC maintain a list of archaeological consultants?
No. However, you can solicit proposals from any number of firms that conduct such research in Massachusetts, submit project information, or if they submit incomplete information.
How long does an archaeological survey take?
Completion time depends on the size of the project area, the scope of the investigation, weather conditions, and other factors. Ask the survey-performing archaeological consultant for a time estimate.
What if the archaeological survey does not find evidence of any archaeological sites?
If we concur that no significant archaeological sites exist within the project impact areas, our review is complete. We will inform you by letter within 30 days of receipt of the report.
What if the archaeological survey finds a potentially significant site?
If we concur that one or more significant archaeological sites exist within project impact areas, we will either:
What is a State Archaeologist’s Permit?
The State Archaeologist’s Permit is required for all archaeological consultants conducting research pursuant to state and federal preservation laws. 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:
Permit applications must come from the archaeologist. The State Archaeologist reviews applications to determine whether they are complete and adequate.
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 that stone piles in a project area may be Native American grave markers. What should I do?
Fieldstone piles and continuous walls are common in rural Massachusetts, and often appear near rocky soils. Professional research into these stone piles has shown that they are not associated with Native American settlements in Massachusetts.
Stone piles are typically traced to agricultural activities from the 18th and 19th centuries, such as field clearing for pasture, cultivation, or marking property boundaries. They have appeared in now-suburban residential areas.
Because stone piles or walls often marked property lines or land use boundaries (such as pasture and woodlot), they often appear in a linear row or other geometric pattern. These patterns may be consistent with cardinal compass points, solstice sunrises or sunsets, or other celestial phenomena.