What triggers Section 106?
Asked by: Prof. Sanford Stroman | Last update: June 19, 2026Score: 4.7/5 (38 votes)
Section 106 of the National Historic Preservation Act (NHPA) is triggered when a "federal undertaking"—a project, activity, or program funded, permitted, licensed, or approved by a federal agency—has the potential to affect historic properties listed in or eligible for the National Register of Historic Places.
What is section 106 in simple terms?
Section 106 of the National Historic Preservation Act of 1966 (NHPA) requires Federal agencies to take into account the effects of their undertakings on historic properties, and give the Advisory Council on Historic Preservation (ACHP) a reasonable opportunity to comment.
What are section 106 requirements?
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.
What are the criteria for adverse effects under Section 106?
Examples of adverse effects include physical destruction or damage; alteration not consistent with the Secretary of the Interior's Standards; relocation of a property; change of use or physical features of a property's setting; visual, atmospheric, or audible intrusions; neglect resulting in deterioration; or transfer, ...
How long does a section 106 review 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).
Planning Obligations: What is Section 106?
How much does a Section 106 agreement cost?
Any application for the modification or discharge of planning obligations should be submitted by using the form below. There is a charge of £1307.59 for drafting and negotiating a section 106 agreement. A fee of £660.40 for drafting and negotiating a Unilateral Undertaking.
What is the section 106 process?
The Section 106 review process is an integral component of the National Historic Preservation Act of 1966. ADM 1020.3A Procedures for Historic Properties includes all activities for complying with the NHPA and federal regulations for the use, protection and enhancement of historic and cultural properties.
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 long does a S106 agreement last?
How long do s106 obligations last? Section 106 agreements typically come into effect when the development in question is implemented and can be unlimited in duration depending on the nature of the obligation.
What would be considered an adverse effect?
An undesired effect of a drug or other type of treatment, such as surgery. Adverse effects can range from mild to severe and can be life-threatening. Also called adverse event and adverse reaction.
How to get rid of section 106?
Section 106 obligations are “discharged” by supplying the required details to the Council. Adequate information to discharge Section 106 obligations should be submitted to and approved in writing by the local planning authority at the required stage of development.
Who is responsible for Section 106 payments?
Though some of the day-to-day tasks associated with Section 106 compliance may be carried out by an applicant, FHWA remains responsible for ensuring that the overall purpose of Section 106 is met.
Is Section 106 enforceable?
S. 106 agreements may be made by agreement “or otherwise” (unilateral obligations) but, however they are made, they are enforceable by the LPA and are only capable of being modified as set out above. 12. Historically, to the extent that they were “reasonably related” to the development (Tesco v.
Why is a section 106 agreement needed?
Section 106 of the National Historic Preservation Act (NHPA) requires federal agencies to consider the potential impacts of projects they carry out, assist, or permit on historic properties.
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 are the 7 aspects of integrity?
Within the concept of integrity, the National Register criteria recognize seven aspects or qualities that, in various combinations, define integrity. These are location, design, setting, materials, workmanship, feeling, and association.
What can Section 106 money be used for?
A Section 106 agreement is triggered when a proposed development is deemed to have a significant impact on local infrastructure or services. This is usually for large housing projects, where additional schools, community buildings, or transport improvements are needed.
Can my neighbour build a balcony overlooking my garden?
Most balconies need planning permission, especially raised ones over 300mm. Juliet balconies (non-protruding) often don't require permission under permitted development. Neighbour privacy and light must be respected—rear or side placement can help.
Can you rent out a section 106?
What you need to know. In some circumstances and in consultation with the Council you may rent-out your affordable home for a temporary period. Permission is usually required from the Council to do this. It is strictly prohibited under the terms of a Section 106 agreement to let out your affordable home for holiday use ...
What are the 4 types of evidence?
Real Evidence, Demostrative Evidence, Documentary Evidence, and Testimonial evidence, Each of the type of evidence shows a diference from one or another, From Real Evidence showing the physical evidence like finger prints while the Demostrative Evidence helps demostrate the testimony of a witness, and Documentary ...
Who decides the burden of proof?
Judge or Jury Decision: The judge or jury will evaluate the evidence and determine whether the plaintiff has met the burden of proof. If they have, the plaintiff wins the case.
What is the rule 106 of evidence?
Remainder of or Related Writings or Recorded Statements. If a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction, at that time, of any other part-or any other writing or recorded statement-that in fairness ought to be considered at the same time.
How long does it take to get a section 106 agreement?
Additionally, 35% of all S106 agreements took longer than 12 months to finalise. Across all responses, 76% of local authorities reported average timelines that exceeded a year, and over a third of councils had an average timeframe of over 500 days.
What is the notice under section 106?
This section provides for the requirement of notice by lessor or lessee whosoever wants its termination. For termination of yearly tenancy six months notice and, for monthly tenancy fifteen days notice is necessary. Notice to quit is, therefore, a necessary preclude to legal determination of tenancy.
How does section 106 work?
Section 106 of the Town and Country Planning Act 1990 enables local planning authorities to enter into legally binding agreements with landowners to secure contributions or obligations that make a proposed development acceptable in planning terms.