Section 106 Compliance: Six Things You Should Know

The law may require that your project is evaluated for impacts to archaeology, cemeteries, old architecture, historic viewsheds, etc.  Often called “Section 106 review,” this process involves consultation with the State Historic Preservation Office (SHPO), who may request a Phase I archaeological survey, architectural reconnaissance survey, or for you to evaluate historic properties. 

Only a professionally qualified cultural resource management (CRM) consultant can fully navigate the Section 106 process, but here are a few basics that YOU should know.


  1. Section 106 is part of the National Historic Preservation Act (NHPA), which regulates projects with a “federal nexus.” Such projects are defined as an “undertaking” and are triggered by permits, land, funding, jurisdiction, or any other direct involvement from a federal agency.  One of the most common is a Nationwide Permit from the U.S. Army Corps of Engineers.
  2. When an undertaking could impact a “historic property,” a Section 106 review helps government agencies to manage or mitigate impacts in a responsible way. This consultation requirement cannot stop development or force preservation, but all of the steps must be completed according to federal and SHPO guidelines.  Click here for a printable flowchart of the Section 106 process.
  3. Cultural resources must meet one of the National Register of Historic Places (NRHP) eligibility criteria to be considered “historic properties.” They usually must be more than 50 years old and can include archaeological sites, houses and other architecture, farmsteads, historic areas, bridges, cemeteries, rock walls, etc.  If a cultural resource fails to meet one of the NRHP criteria, they must still be documented for due diligence.
  4. State Historic Preservation Offices (SHPOs) advise government agencies on how to comply with Section 106, make recommendations for archaeological or architectural surveys, and provide expert opinions about which cultural resources may be impacted and/or NRHP-eligible. Although a CRM consultant can make professional recommendations, only SHPO and the involved agencies make final determinations.
  5. Historic properties are uncommon; however, agencies often require due-diligence background research and surveys to check for undocumented cultural resources. Most areas have never had a historic survey, so boots-on-the-ground is generally the only way to clear a project area.  Archaeology is particularly challenging, since most resources are invisible below the ground surface.
  6. Regulated impacts are limited to changes to a historic property that negatively affects its NRHP-eligibility. However, agencies often focus on physical disturbance (direct effect) and alterations to the property’s viewshed, including newly-built aboveground components and tree-clearing (indirect effect).  Not all indirect effects are considered “adverse effects” and even adverse effects can be minimized or mitigated.

You can learn more about the federal review process in the ACHP’s “A Citizen’s Guide to Section 106 Review” here and more about the WV SHPO’s specific guidelines here.

AllStar Welcomes New Staff

AllStar Welcomes New Staff

AllStar Ecology is excited to announce the addition of four new staff members with a wide range of biological and environmental experience and expertise.

Matthew Gilkay, Environmental Scientist I / Aquatic Biologist, is assisting AllStar with freshwater mussel surveys, flow monitoring, macroinvertebrate field and laboratory work, and water quality sampling. Matt obtained his B.S. in Fisheries, Wildlife, and Conservation Biology with minors in Environmental Science, Sustainability Studies, and Marine Biology in 2018. Mr. Gilkay also brings six years of open-water SCUBA diving experience in the Upper Midwest to AllStar’s dive team.

Grant Maltba, Environmental Scientist II / Bat Biologist, has joined our Bat Services team bringing eight years of experience in environmental services. Grant has a Federal Recovery Permit and West Virginia Scientific Collecting Permit for Indiana, gray, and northern long-eared bats. In 2013, he obtained his B.S. in Environmental Studies. Mr. Maltba is assisting AllStar with bat mist netting and acoustic surveys, bat box construction and installation, permitting and report writing, and bat habitat research.

Matt Safford, Environmental Scientist I / Bat Biologist, has also joined AllStar’s Bat Services team with five years of experience in wildlife and ecological monitoring and research. Matt obtained his B.A. in Ecology in 2013 and his M.S. in Entomology in 2018 studying the interactions between bats and their insect prey. Mr. Safford has a West Virginia Scientific Collecting Permit for bats and is assisting AllStar with bat box construction and installation, mist netting and acoustic bat monitoring, report writing, and bat habitat research.

Jason Clingerman, Environmental Scientist II, has joined our Stream and Wetland Delineation team. Mr. Clingerman has 8 years of experience in environmental consulting, and 12 years of experience utilizing GIS for various natural resource applications. He obtained his B.S. and M.S. in Wildlife and Fisheries Resources in 2005 and 2008, respectively. He is assisting AllStar with stream and wetland delineations, permitting, and report writing.

Please join us in welcoming these four great additions to the AllStar Team!

To read more about AllStar Ecology, visit our About Us page.

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AllStar Welcomes New Staff Members

AllStar Welcomes New Staff Members

AllStar Ecology is excited to welcome our newest staff members Derek Springston, Taryn Moser, Kayt Collins, and Mark Hepner. Mr. Springston and Mrs. Moser will be focusing on environmental permitting for a wide variety of clients while Ms. Collins and Mr. Hepner bring a lot of field experience including bats, delineations, restoration, environmental inspections, and plants to the team. Welcome aboard!

To read more about AllStar Ecology, visit our About Us page.

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