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Section 106 Process

As part of the Ellicott Safe and Sound Plan, Howard County is required to satisfy the mandates of Section 106 of the National Historic Preservation Act (NHPA). Section 106 specifies that federal agencies must take into account the affect their undertakings will have on historic and culturally significant resources. Section 106 requires a Federal agency to identify historic properties, assess their undertaking’s effects upon historic resources, and seek to avoid, minimize or mitigate any adverse effects. This is done through coordination with the State Historic Preservation Office (SHPO), the public, and consulting parties.

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Key Milestones in the Section 106 Process

Consulting Parties

Section 106 requires the lead agency to identify potential Consulting Parties. See the FAQs for more details on who is considered a consulting party.

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The first Consulting Parties meeting was held on November 9, 2020. Click here to review the presentation from that meeting and click here to review the minutes. 

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Due to a change in the Safe and Sound plan that eliminated projects on the West End and extended the North Tunnel, a second Consulting Parties meeting was necessitated. The second Consulting Parties meeting was held on June 11, 2021. Click here to review the presentation from that meeting and click here to watch the recording. 

 

Area of Potential Effects

One of the first steps in the Section 106 process is establishing an Area of Potential Effects (APE) for the proposed undertaking. The APE is the geographic area or areas that may be affected.

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Assessment of Effects

Section 106 requires the Agency to consider if and how an undertaking will affect historic resources. Section 106 notes that an adverse effect may occur when an “undertaking may alter, directly or indirectly, any characteristic of a historic property that qualify it for inclusion in the National Register in a manner that would diminish the integrity of the property’s location, design, setting materials, workmanship, feeling or association.” See the FAQs for examples of adverse effects.

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Resolving Adverse Effects

If an undertaking results in a finding of an Adverse Effect to historic resources, the Agency must:

  • Consult with the SHPO and other consulting parties.

  • Afford the public the opportunity to comment.

  • Seek ways to avoid, minimize or mitigate the adverse effects.

  • Notify the Advisory Council on Historic Preservation (ACHP).

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Status of Section 106 Review Process

The county underwent a federal review in order to meet the Section 106 requirements, and the County entered into a Programmatic Agreement as a result of the Section 106 process.

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Frequently Asked Questions

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