Project review and compliance is a consultation process with the Oregon State Historic Preservation Office (SHPO) to determine if a project will have impacts on properties of historic significance. These include, but are not limited to, prehistoric or historic districts, sites, buildings, structures, objects, artifacts, records, material remains, and traditional, religious, spiritual, storied, or legendary places.
State and Federal laws are in place that define and guide the consultation process for private landowners, state and local agencies, federal agencies and the SHPO.
In Oregon, archaeological sites on private land are protected. Local permitting review may require consultation with the SHPO when ground disturbing activities are included in the project scope.
State and local agencies have a responsibility to consult with the SHPO when project scope involves ground disturbance on non-federal public lands or the project scope involves work on non-federal publicly owned buildings or structures.
Federal agencies have a responsibility to consult with the SHPO when a project has the potential to effect historic properties. Federal agencies are responsible for consultation with the SHPO when these projects effect federal property or if the agency is providing any funding, permitting, licensing, or other types of approval for the project.
It is the responsibility of the Oregon SHPO to assist individuals and agencies through the consultation process and to advise on avoidance or minimization of project impacts to properties of historic significance. If adverse project impacts are unavoidable, consultation continues to discuss ways to mitigate for these impacts.
See Laws & Rules to review the written federal regulations and state statutes that apply to the Project Review and Compliance process.
Please select the option below that applies to who you represent.
State statutes pertaining to cultural resources – including archaeological sites, objects, and burials - can apply to private landowners in the State of Oregon, including homeowners or businesses. The State Historic Preservation Office (SHPO) reviews projects on private lands and offers recommendations for compliance with state archaeological laws. If your project is receiving federal funding, permitting, or approval please visit the Federal Agencies & Section 106 section.
REVIEW OF PROJECTS WITH GROUND DISTURBANCE
- Minimum information and documents needed for review and where to submit.For the Oregon SHPO to review your project and for you to get a letter from the SHPO, at a minimum, the following items must be submitted electronically using the Go Digital process.
- See Go Digital instructions to learn submittal requirements, find SHPO forms or review example submittals
- A completed OR SHPO Submittal Form. This form also provides the email address to submit to.
- Brief description of the proposed activity, including the depth of ground disturbance.
- The address and city or legal description (township, range, section) of the project area.
- A map which clearly marks the project location. Hand drawn maps are not accepted but the project location may be hand drawn on a map. A 7:5-minute topographic map, an aerial map, or a KMZ file are preferred map types.
- SHPO in-house review process
- SHPO has 30 days from the date received to review and comment.
- If additional information is requested from the submitter, the 30-day review period starts again upon receipt of the requested information.
- If it is determined that there is high likelihood of or a known archaeological site in the project area on private lands, additional consultation and archaeological investigations may be needed.
REVIEW OF PROJECTS WITH IMPACTS TO BUILDINGS AND STRUCTURES
- If the project is receiving federal funding, permitting, or approval please see Federal Agencies & Section 106.
- If the project involves ground disturbance, please see Review of Projects with Ground Disturbance above.
- If the property is or is not listed in the National Register of Historic Places and there is no federal agency involvement, nor any ground disturbing activities then SHPO review is not required. Please contact your city or county planning office to determine any local review requirements.
State statutes pertaining to cultural resources – including archaeological sites, objects, burials, buildings, and structures - apply to projects on state and local public lands in the State of Oregon. The State Historic Preservation Office (SHPO) consults with state and local agencies to review these projects and offers recommendations for compliance with state cultural resource laws. For projects impacting state and locally owned buildings and structures, review the ORS 358.653 factsheet for additional information.
If your project is receiving federal funding, permitting, or approval please visit the Federal Agencies and Section 106 instructions.
REVIEW OF PROJECTS
- Minimum information and documents needed for review and where to submit.
- See Go Digital instructions to learn submittal requirements, find SHPO forms or review example submittals.
- A completed OR SHPO Submittal Form. This form also provides the email address to submit to.
- A cover letter providing information about the agencies involved, a brief description of the proposed activity and location including the address and city or legal description (township, range, section).
- A map which clearly marks the project location. Hand drawn maps are not accepted but the project location may be hand drawn on a map. A 7:5-minute topographic map, an aerial map, or a KMZ file are preferred map types.
- A completed Oregon SHPO Clearance Form for projects impacting a state or locally owned buildings or structures.
- SHPO in-house review process
- SHPO has 30 days from the date received to review and comment.
- If additional information is requested from the submitter, the 30-day review period starts again upon receipt of the requested information.
- If it is determined that there is high likelihood of or a known archaeological site in the project area on private lands, additional consultation and archaeological investigations may be needed.
- If it is determined that your project will adversely affect cultural resources, additional consultation and mitigation will be needed.
CONSULTATION WITH TRIBES AND INTERESTED PARTIES
- Tribes: State agencies should consult with tribes per ORS 182.164 regarding project effects and impacts to cultural resources. To determine which tribes you should consult with, contact Oregon's Legislative Commission on Indian Services.
- Interested Parties: When consulting under ORS 358.653, SHPO recommends that state and local agencies consult with interested parties – such as Restore Oregon, historic landmark commissions, and local historical societies and museums.
Section 106 of the National Historic Preservation Act requires all federal agencies to consult on undertakings with the potential to effect historic properties. Federal regulations define historic properties as any “prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion on, the National Register of Historic Places, including artifacts, records, and material remains related to such a property or resource" (54 U.S.C. § 300308). A federal undertaking occurs when the project is on federal land, or includes funding, permitting, licensing, or approval from a federal agency. More information on Section 106 is available at the Advisory Council on Historic Preservation (ACHP).
If you are a private landowner, or state or local agency and your project is a federal undertaking, as defined above, talk to that agency to determine the necessary requirements for project review prior to consulting with the Oregon SHPO.
If the federal agency has delegated their Section 106 responsibilities to you, this must be documented and provided with your project review submittal. If you have not been delegated Section 106 responsibilities by the federal agency, contact the federal agency for project review requirements.
If the undertaking is located on tribal land, please consult with the Tribal Historic Preservation Officer and not the State Historic Preservation Office.
SECTION 106 OVERVIEW
Section 106 of the National Historic Preservation Act is a consultation process outlined in implementing regulations 36 CFR 800. If the undertaking is located on tribal land, please consult with the Tribal Historic Preservation Officer only and not the State Historic Preservation Office.
- Broadly, the following steps should be followed for meaningful Section 106 consultation.
- Identify Consulting Parties.
Consulting parties include tribes, local governments, project applicants, interested parties, and the public. The SHPO can assist with identifying consulting parties. - Define the Area of Potential Effect (APE).
The APE is defined in consultation with the SHPO and should include areas that will be directly and indirectly impacted by the undertaking. Remember to take into consideration auditory, visual, and reasonably foreseeable impacts. - Identify historic properties within the APE. Identification efforts should be determined based on the scope and scale of the undertaking and in consultation with the SHPO, tribes, and interested parties. Agencies should apply theNational Register of Historic Places criteria and make determinations of eligibility.
- Assess effects.
If historic properties are identified within the APE, the agency should determine what level of effect the undertaking will have on those historic properties. - Resolve adverse effects.
If the undertaking effect is adverse, the agency should consider options that would avoid or minimize the effect. If avoidance or minimization is not feasible, work with the SHPO and consulting parties to mitigate adverse effects. Examples of mitigation can be found here.
PROJECT REVIEW
- Minimum information and documents needed for review and where to submit.
- See Go Digital instructions to learn submittal requirements, find SHPO forms or review example submittals.
- A completed OR SHPO Submittal Form. This form also provides the email address to submit to.
- A cover letter from the agency explaining the nature of the submittal and what is being requested from the SHPO.
- Necessary supporting documentation, which may include maps, archaeology reports, documentation forms, Historic Sites Database, and etc. See Forms, Resources and Guidance for more information and downloads.
- If the federal agency has delegated their Section 106 responsibilities, this must be documented and provided with the project review submittal.
- SHPO in-house review process
- SHPO has 30 days from the date received to review and comment.
- If additional information is requested from the submitter, the 30-day review period starts again upon receipt of the requested information.
EMERGENCY CONSULTATION
Section 106 outlines processes for expedited review in the event of an “immediate response to a disaster or emergency declared by the President, a tribal government, or the Governor of a State or another immediate threat to life or property" (36 CFR 800.12(b)). In the event of an emergency, please contact the Oregon SHPO.