Accelerating historic preservation reviews for climate-friendly building projects

The Advisory Council on Historic Preservation (ACHP) recently announced a new proposal to accelerate historic preservation review timelines for climate-friendly buildings, housing and transportation projects that are supported by the federal government.

Under Section 106 of the National Historic Preservation Act, federal agencies are required to consider the effects of projects they fund or carry out on historic properties through a formal review process. ACHP's draft program comment outlines new streamlined approaches for federal agencies to comply with these Section 106 requirements while promoting timely, climate-friendly upgrades to buildings.

If adopted, the program comment would make it easier to renovate, preserve and reuse historic buildings in ways that reduce GHG emissions and increase climate resilience. It covers all building upgrades that receive federal funding or require federal approval and would remain in effect from the date of adoption through 2044.

Alternative compliance approaches

The ACHP draft program comment provides different tiers of Section 106 exemptions, depending on a building's age and historic nature, for upgrades conducted primarily to reduce energy use or GHG emissions of the building or to enhance climate resilience of the building.

In the following scenarios in which a building upgrade has no or minimal potential to adversely affect historic properties, a federal agency may proceed without conducting further Section 106 review:

• Buildings less than 45 years old that are not listed in the National Register of Historic Places are exempt from Section 106 review for all exterior upgrades and interior renovations.
• Buildings that have been determined by a federal agency within the previous 10 years to not be a historic property receive the same exemptions as above.
• Historic buildings, as well as buildings whose eligibility for inclusion in the National Register of Historic Places is unknown, are exempt for exterior upgrades to a nonprimary facade.
• Historic buildings undergoing interior upgrades that do not visibly alter a primary space, such as the building lobby, and can be installed and removed without damaging exterior walls (in the case of insulation) are exempt from review.

In the following scenarios with older and historic buildings, exemptions may also be made when the federal agency satisfies certain conditions:

• Buildings 45 years or older undergoing upgrades to a primary facade are exempt if a qualified professional determines the building is not a historic property.
• Historic buildings undergoing upgrades to a primary facade are exempt if there is a written determination that the upgrade will have no or minimal adverse effects on any character-defining feature.
• Historic buildings undergoing interior upgrades that visibly alter a primary space are exempt from further review if there is a written determination that the upgrade will have no adverse effects.

These proposed changes would facilitate energy efficiency, clean energy and other green building upgrades for historic buildings through reduced complexity and improved streamlining.

Comment opportunity

ACHP is accepting written comments on the draft program comment until Oct. 9. We encourage the USGBC community to review the draft and provide feedback if interested.

Read the draft program comment

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