Properties listed National Register of Historic Places

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a listing on national register of historic places governmental acknowledgment of historic district, site, building, or property. however, register honorary status federal financial incentives. national register of historic places automatically includes national historic landmarks historic areas administered national park service. landmarks such these include: national historic sites (nhs), national historical parks, national military parks/battlefields, national memorials, , national monuments. occasionally, historic sites outside country s borders, associated united states, such american legation in tangiers, listed.


listing in national register not restrict private property owners use of property. states , municipalities, however, may have laws become effective when property listed in national register. if federal money or federal permitting process involved, section 106 of national historic preservation act of 1966 invoked. section 106 requires federal agency involved assess effect of actions on historic resources. statutorily, advisory council on historic preservation (achp) has significant role section 106 of national historic preservation act. section requires director of federal agency direct or indirect jurisdiction of project may affect property listed or determined eligible listing in national register of historic places, must first report advisory council. director of said agency required take account effect of undertaking on national register property, afford achp reasonable opportunity comment.


while section 106 not mandate explicitly federal agency director accept advice of achp, advice has practical influence, given statutory obligations of nhpa require federal agencies take account effect of undertaking.


in cases achp determines federal action have adverse effect on historic properties, mitigation sought. typically, memorandum of agreement (moa) created involved parties agree particular plan. many states have laws similar section 106. in contrast conditions relating federally designated historic district, municipal ordinances governing local historic districts restrict kinds of changes properties. thus, may protect property more national register listing does.


the department of transportation act, passed on october 15, 1966, same day national historic preservation act, included provisions addressed historic preservation. dot act more general section 106 nhpa in refers properties other listed in register.


the more general language has allowed more properties , parklands enjoy status protected areas legislation, policy developed in history. united states supreme court ruled in 1971 case citizens preserve overton park v. volpe parklands have same protected status historic sites.




























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