Tag Archives: compliance

Mitigation Examples

old barn and fence in Utah landscape

Old barn and fence in Utah

When a historic property will suffer an adverse effect from a federally-related undertaking, the federal agency, working with the Utah State Historic Preservation Office and other potential consulting parties, seeks ways to avoid, minimize, or mitigate the adverse effect.

Mitigation should represent the broader public interest by providing knowledge, enhancing the preservation of other historic properties, or creating other outcomes.

One common mitigation measure is data recovery – recording information about a property before it is destroyed by the undertaking.But many different creative mitigation approaches are possible.

Barns in northern Utah

A planned highway project in northern Utah would destroy several historic barns. For mitigation, the Utah Department of Transportation funded the restoration of several remaining barns. The work was accomplished by AmeriCorps workers.

Pine Valley guard station

The Dixie National Forest planned to sell its historic administrative site property in Enterprise, which it no longer used. As mitigation, it decided to restore and reuse the Pine Valley Guard Station as public lodging, available for overnight rentals.

Dugway’s German Village website

Due to lack of funding for maintenance, officials at Dugway Proving Grounds decided to let the “German Village”–the remains of German houses the army built during World War II in order to test the effects of bombing–deteriorate. To mitigate the Village’s lost, the army created a website that presents history, photos, and interviews. See it at https://www.dugway.army.mil/germanvillage/HOME.htm

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: http://www.waterquality.utah.gov/UPDES/stormwatercon.htm


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


Need a Letter from the SHPO?

The letter you need is required by federal or state law. Under these laws, each federal and state agency (or any agency using federal funds) is required to “take into account” cultural resources in its projects and activities.

“Taking into account” cultural resources–like historic structures or archaeological sites– requires specific steps. Read an overview of the process (on the Advisory Council on Historic Preservation website).

After you have made a determination about cultural resources, you must give the State Historic Preservation Office (SHPO) the opportunity to comment. This comment letter is the letter you need.

Get more specifics on requirements for projects that may affect historic sites.

Get more specifics on requirements for projects that may affect archaeological resources.

Laws, Rules & Related

Legal authority

Compliance and SHPO matters

Please note: The links on this page will open in a new window and take you outside the State History web site.

SHPO Compliance

Laws are in place to make sure that federal and state projects don’t carelessly destroy cultural resources.

Agencies’ Responsibilities

State and federal agencies that undertake projects must “take into account” how their project activities will affect historic and archaeological resources.

List of Agency Contacts in Utah, as of 4/21/2017

Common projects include construction, rehabilitation, demolition, licensing, permitting, or transfer of public lands.

Do you need to hire a consultant?

Do you need to find a curation facility?

Archaeological Compliance Guidance – a document summarizing Utah standards

SHPO’s Role

The State Historic Preservation Office (SHPO) provides guidance to agencies and governments who are affected by these laws.

Each month we review about 200 development projects and their potential effects on archaeological and historical sites. We comment on projects within 30 days and provide accurate data and professional consultation.

I just need a letter from the SHPO

Federal law summary(Section 106) A review of the laws that apply to any land development project involving federal funds.

State law summary (Utah Code Annotated 9-8-404) A review of laws that apply to projects using state funds.

Historic structures—specifics  What you need to know if your project may affect historic structures.

Archaeological resources—specifics What you need to know if your project may affect archaeological resources.

Public comment How you can provide input on projects. 


For projects that are disturbing the ground or may affect archaeological resources:
Chris Merritt
300 S. Rio Grande Street
Salt Lake City, Utah 84101
Phone: 801-245-7263
Fax: 801-533-3503


Elizabeth Hora-Cook
300 S. Rio Grande Street
Salt Lake City, Utah 84101
Phone: 801-245-7241
Fax: 801-533-3503

For projects affecting historic structures:
Chris Hansen
300 S. Rio Grande Street
Salt Lake City, Utah  84101
Phone: 801-245-7239
Fax: 801-533-3503

For UDOT-related projects affecting historic structures:
Cory Jensen
300 S. Rio Grande Street
Salt Lake City, Utah  84101
Phone: 801-245-7242
Fax: 801-533-3503

Not sure whom to contact?
Contact any of the above individuals and we will work to get you going in the right direction.