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Section 106 Guidelines: City of St Louis |
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Section 106 Review Procedures The following diagram illustrates the Section 106 Review process. Note: in these guidelines, the term "historic" will be used as a general term to indicate a building or district which is listed on the National Register of Historic Places, or is eligible to be listed.
Step 1. "Determination of Eligibility"The building and area are assessed for their possible eligibility for the National Register of Historic Places using the National Register Criteria. Both individual buildings and whole neighborhoods may be eligible for the National Register. See Appendix III for the National Register Criteria. The property is visited by the Community Development Agency staff to determine whether it may qualify for listing on the National Register of Historic Places. Interior and exterior photographs are taken, maps produced, and the surrounding neighborhood surveyed. Example: An "eligible" building may be significant architecturally; a good example of its type; associated with important historic events or persons; or it may be the product of a prominent architect or craftsman. While a particular building itself may not qualify the Register individually, it may still be eligible as part of a district that meets the Criteria.
Example: A neighborhood which might be eligible would have almost all its structures over 50 years old; have had few demolitions, and be one in which most buildings retained their original or historic appearance. In addition, the buildings in the area would be consistent in materials, scale, site arrangement, etc. and would form an identifiable unit.
Example: A neighborhood would be ineligible if many of its original buildings had been demolished; if many new buildings had been constructed; and/or if buildings had major alterations to front facades (the removal of porches, roof changes,artificial siding over brick).
*If a property is determined NOT ELIGIBLE, the Section 106 review ends at this point. If it is eligible, the review goes on to Step 2.
Step 2. "Determination of Effect"Next, the potential effect of the project on the historic site, property, or structure must be determined. If the property is determined eligible for the Register, the plans for the project must adhere to the Secretary of the Interior Standards for Rehabilitation. The Heritage and Urban Design staff reviews the plans for compliance with the Standards. For a copy of the Standards, see Appendix IV. The C.D.A. Design Team meets with the applicant, developer, architect, contractor and others involved in the project, to advise them what will be required, and suggest alternatives. Revised plans are then submitted by the applicant. Some of the things with which Section 106 is concerned are:
Information about specific Section 106 requirements can be found throughout this document. When plans are submitted which comply with the Standards, Step 2 of the Section 106 review ends, and the project may proceed.
Determining an Adverse EffectSometimes it may be impossible for a project to comply with the Standards, or it may involve demolition of a historic building. In such a case, the project must be determined to have an "Adverse Effect" upon the historic resource. Once the Adverse Effect is identified, plans for the project, documentary photographs and structural evaluations must be submitted to the Missouri State Historic Preservation Office in Jefferson City for their review. The MO-SHPO and the City meet to discuss the project and its impact. At this point, the Advisory Council may also choose to participate in the discussion of the project.
During this negotiation, a Memorandum of Agreement specifying a variety of conditions and stipulations may be produced. These stipulations can include: research on the building; recordation (floorplans, photographs, drawings) and a variety of other means to "mitigate" or reduce the Adverse Effect of the project on the historic building or district. No work can begin until this mitigation is complete, and all pertinent documents are accepted by the Missouri State Historic Preservation Office. If the Memorandum is not agreed to by all parties, the Advisory Council will make a formal Determination of Adverse Effect, and will issue a letter with its comments to the Secretary of the Department of Housing and Urban Development. No work may begin on the project until these comments have been received by the Secretary.
Step 3. "Certification"Upon completion, the project is certified. A final visit is made to the property when it is about 90% complete. Photographs are taken to document the work and plans are checked to ensure that the project was completed as agreed. These photographs and the documentation gathered in the other steps of the Section 106 review are maintained in the Heritage and Urban Design office, and are audited yearly by the State Historic Preservation Office and the Department of Housing and Urban Development. It is important that the approved plans are followed exactly, and that no changes are made without first consulting the Design Team. If at final inspection, the project does not conform to the previously approved plans, it may be necessary-before the project can be certified-to remove or reconstruct the non-conforming work, adding cost and perhaps delaying final closing.
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