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Compliance for Historic Structures

Section 106 and Utah Code Section 9-8-404

Federal law requires every federal agency and every agency using federal funds to take into account how its projects and expenditures will affect historic properties. State law requires the same of state agencies.

Agencies must allow the State Historic Preservation Officer (SHPO) an opportunity to provide comment.

Providing the following will expedite the ability of the SHPO to comment:

1. Letter explaining the project

Within the letter, please provide the following:

  • Identification of the applicant and the agency/program involved
  • A detailed project description that specifies all project components
  • The project’s location: specific address(es) and/or a written description of the project’s Area of Potential Effects (the APE is the geographic area within which an undertaking may directly or indirectly cause alterations to historic buildings or structures).
  • Construction dates for buildings/structures within the project boundaries
  • The applicant’s determination whether any properties in the APE are listed or are eligible for listing on the National Register of Historic Places. Properties already listed on the National Register are, of course, “eligible.” Properties not listed are potentially eligible if they meet the following basic criteria:
    • Age – 50 years old or older
    • Integrity – Retain most of their original appearance without major changes to the structures.
  • Written determination of the project’s effect on historic properties. Effect refers to the impact the work being funded will have on the structure. Three common effects are:
    • No Historic Properties Affected: No historic properties are present within the APE, or only minor changes are being proposed that will not impact the character or architectural integrity of the building (minor repairs, painting, plumbing, electrical, bathrooms, etc.).
    • No Adverse Effect: More substantial work is being proposed (replacing windows or porches, changing walls, building additions, etc.), but the work meets the Secretary of the Interior’s Standards for Rehabilitation.
    • Adverse Effect: Work is being proposed that will damage or diminish the historic integrity of the historic structure (work that does not meet the Standards—including the application of synthetic siding, incompatible additions, inappropriate door or window replacement, demolition, etc.).

2. Attachments

Please attach the following with your submission:

  • USGS 7.5 topographic map and/or formal city map denoting the project location.
  • Clear and current photographs of the exterior of any structure to be impacted by the project.
  • If available, architectural drawings, plans, or specifications.
  • For projects that include a large area or corridor that have the potential to impact numerous historic buildings and structures, a Reconnaissance Level Survey is recommended.
  • Optional – a completed Intensive Level Survey.

SHPO Compliance Form

For individual building/structure project reviews, agencies may complete the Utah SHPO Compliance Form to meet submission requirements.

Utah SHPO Compliance Form

Another option is to fill out the historic site form pdf and submit with an Agency letter (and other items as necessary, such as maps, drawings, reports, etc.)

106 Historic Site Fillable Form

Time frame

The SHPO has 30 days after receiving the agency’s letter, attachments, and
finding/determination (adequately documented) to provide comment.

Related info

Consultants: For forms and instructions, see our Historic Buildings Information and Research page.

Guidelines for Cell Towers

Guidance for Linear Sites (Utah Professional Archaeologists Council web site)

Mitigation Examples

Memorandum of Agreement (MOA) Template


SHPO Procedure for Stormwater Pollution Prevention Plans (SWPPP)

The Utah State Historic Preservation Office (SHPO) frequently receives requests from private companies to provide information in support of Stormwater Pollution Prevention Plans (SWPPP/UPDES).

We do applaud efforts to identify cultural resources as part of assessing sites and projects; however, SHPO is neither mandated in statute nor funded to provide this type of information to private entities. These requests need to be directed to the Division of Water Quality (DWQ); DWQ is the agency responsible for the SWPPP/UPDES program. SHPO will consult directly with DWQ to address any historic preservation-related project issues.

DWQ contact information:


Need more information about Section 106 or historic buildings/structures?
Please contact:

Chris Hansen, Preservation Planner
Utah State History
300 S. Rio Grande Street
Salt Lake City, Utah 84101
Fax: 801-533-3503

For UDOT-related projects, please contact:
Cory Jensen, Architectural Historian/National Register Coordinator
Utah State History
300 S. Rio Grande Street
Salt Lake City, Utah 84101
Fax: 801-533-3503

If the project is disturbing the ground or has the potential to impact archaeological resources, please contact:
Chris Merritt
Utah State History
300 S. Rio Grande Street
Salt Lake City, Utah 84101
Fax 801-533-3503