Federal programs & compliance
Section 106 review
Historic-preservation consultation under the National Historic Preservation Act, run inside the federal environmental review of HUD-assisted projects.
Definition
Section 106 of the National Historic Preservation Act requires federal agencies to take into account an undertaking's effects on properties listed on — or eligible for — the National Register of Historic Places, under the Advisory Council on Historic Preservation's regulations at 36 C.F.R. Part 800. For HUD-assisted housing, the consultation runs inside the environmental review under 24 C.F.R. Parts 50–58: the reviewing entity defines the area of potential effects, consults the State Historic Preservation Officer and any interested tribes, and resolves adverse effects through avoidance, conditions, or a memorandum of agreement.
Why it matters in an underwrite
Eligibility, not listing, is the trigger: a building can be Register-eligible without appearing on any register, so rehabilitation or demolition of older stock routinely draws SHPO consultation. The cost is time and design control — consultation runs on 30-day SHPO response windows, adverse-effect findings can force redesign or mitigation, and a memorandum of agreement takes negotiation. Screen building age and historic-district maps in site diligence and put Section 106 on the environmental-review critical path from day one.
Sources & related guides
See also
See the term in the law itself
Read the controlling text in the Code Library, or ask the AI how it applies to your project.
Last reviewed 2026-07-29. General information, not legal advice.