How long does a section 106 review take?
Asked by: Hulda Reinger | Last update: March 22, 2026Score: 4.1/5 (66 votes)
A Section 106 review typically involves a 30-day comment period for State Historic Preservation Officers (SHPOs) once they receive complete documentation, but the overall timeline varies greatly, from a couple of weeks for simple projects to many months or over a year for complex ones, depending on documentation quality, agency coordination, and if more info is needed, resetting the clock each time.
What is the Section 106 review process?
The section 106 process seeks to accommodate historic preservation concerns with the needs of Federal undertakings through consultation among the agency official and other parties with an interest in the effects of the undertaking on historic properties, commencing at the early stages of project planning.
How long does section 106 take?
According to the HBF, the mean time it takes to “finalise” section 106 agreements has increased by 20 per cent over the last two financial years, from 425 days in 2022/23 to 515 days in 2024/25. It also found that 35 per cent of all section 106 agreements took longer than 12 months to complete.
How long does a section 106 consultation take?
Regulatory Requirements. The first reference to a 30-day review period appears in the Section 106 regulations at 36 CFR § 800.3(c)(4). This timeline applies to the interactions between the lead federal agency, State Historic Preservation Officer (SHPO), and/or the Tribal Historic Preservation Officer (THPO).
What is Section 106 review of the Texas History Commission?
During the Section 106 process, the federal agency or its delegate must identify historic properties and determine the effect of the proposed project on them. In order to do so, it is first necessary to define and document the area of potential effects (APE) for the project.
Section 106 Review Process
What is the S106 process?
A S106 Legal Agreement will be required for most major scale applications (defined as 10 dwellings or more, 1,000 square metres of floorspace, sites over 1 hectares etc). A unilateral undertaking (UU) is a simplified version of a legal agreement, usually relating to minor development, such as new dwellings (1-9 units).
What triggers section 106?
Section 106 is triggered when a Federal agency determines that it has a type of undertaking that has the potential to affect historic properties. These are typically the same actions that trigger project review under the National Environmental Policy Act (NEPA).
How is Section 106 enforced?
A vigilant public helps ensure federal agencies comply fully with Section 106. In response to requests, the ACHP can investigate questionable actions and advise agencies to take corrective action. As a last resort, preservation groups or individuals can litigate in order to enforce Section 106.
How many basic steps are in the section 106 compliance process?
The following are the four steps in the Section 106 review process: Initiating the Section 106 process. Identifying historic properties. Assessing if a project will have an adverse effect on historic properties.
What is Section 106 mitigation?
During the Section 106 consultation process, a project may be found to have an adverse effect on historic properties. When this happens, the first step is to see if the project can be changed to avoid or minimize harm.
What is the punishment for Section 106?
106(1) – Causing death by negligence: Imprisonment for 5 years and fine. 106(1) – Causing death by negligence by registered medical practitioner: Imprisonment for 2 years and fine.
What is the 5 year rule for S106?
A Section 106 planning obligation may be changed (Deed of Modification) or discharged in two ways. 1) Within five years of the date of the completion of the obligation, at any time, by agreement between us and the person or persons against whom the obligation is enforceable.
How to get a section 106 lifted?
Either via an S73 application (provided your existing S106 agreement permits this) or through a new full planning application (you will have a free go if your consent is less than 12 months old). However it should be noted that this will not be effective if there is a pre-existing breach of the existing agreement.
What qualifies something as historic?
"Historical" refers to anything connected to the past, encompassing all past events, people, and objects, significant or not, while "historic" (often confused with it) usually means something important or famous. An event becomes "historical" simply by having happened, but it's considered historically significant if it had a major impact or embodies distinct characteristics of a time, place, or culture, often requiring time and distance for proper evaluation of its consequences and context.
How long does section 106 last?
How long do Section 106 agreements last for general practices? A Section 106 agreement is usually time-sensitive. The funds outlined must be spent within a specific period, often five to 10 years. If the money is not used within the timeframe, it may be returned to the developer.
What qualifies a house to be historic?
A house becomes historic if it's typically at least 50 years old, retains its original character (integrity), and possesses significant historical, architectural, or cultural value, often tied to important events, significant people, or embodying a distinctive style or method of construction. Official designation (like the National Register of Historic Places) requires meeting specific criteria beyond just age, ensuring the property tells a vital story about the past.
How does section 106 work?
Introduction. A section 106 (S106) agreement is a legally binding agreement or “planning obligation” between a local planning authority, like us, and a property owner. The purpose of a S106 agreement is to mitigate the impact of the development on the local community and infrastructure.
How does ACHP resolve disagreements?
ACHP will attempt to resolve the issue with the Federal agency responsible for the delegation. If, in the final analysis, the Federal agency and ACHP disagree, ACHP will provide its views to the agency.
Is there a time limit for enforcement of Section 106 agreement?
It is also suggested that if a development contains social housing this should be notified to the purchaser. S. 106 agreements have no limitation period in relation to enforcement.
What happens if you fail to comply with S106?
If we decide that there is a breach of a planning obligation (S. 106), there are three options we can take: we can apply to the Court for an injunction. Failure to comply with an injunction can lead to an unlimited fine and/or imprisonment.
What is the first step in the section 106 process?
Initiating the Section 106 review process begins with FHWA determining if a project has the potential to cause effects to historic properties. This determination is made by the Federal agency with no consultation with other parties.
What is the burden of proof in Section 106?
When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. (a) When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is upon him.
How is section 106 calculated?
Section 106 contributions are calculated based on the scale of the development and its impact on local services. The amount varies by location and development type and is negotiated between councils and developers. Some councils like Nottingham have a more transparent formula for calculating contributions.
Who signs a Section 106 agreement?
Section 106 itself does not say who 'must' sign a s106 agreement. It merely says that 'anyone with an interest in land' may do so. On the face of it, there is no legal requirement to bind in all parties who have interests in the application site.