Proposed Changes to Section 106 Regulations

The Advisory Council on Historic Preservation (ACHP) has proposed substantial revisions to the federal regulations implementing Section 106 of the National Historic Preservation Act, 36 CFR Part 800. These regulations establish the process federal agencies use to consider the effects of their actions on historic properties. The Ohio State Historic Preservation Office is monitoring the rulemaking process and evaluating how the proposed changes could affect historic preservation review in Ohio.

Where Things Stand

Current status: The ACHP has proposed revisions to the regulations implementing Section 106 of the National Historic Preservation Act. The proposal is currently undergoing federal review before publication in the Federal Register.

Next step: Following federal review, the ACHP is expected to publish a Notice of Proposed Rulemaking (NPRM). The formal public comment period will begin after the proposed rule is published.

Ohio SHPO: The Ohio SHPO is monitoring the rulemaking process and evaluating potential impacts to historic preservation review in Ohio.

About Section 106

Section 106 of the National Historic Preservation Act requires federal agencies to consider how projects they fund, license, permit, or approve may affect historic properties.

The Section 106 process provides opportunities for federal agencies, State Historic Preservation Offices, Tribal Historic Preservation Offices, local governments, applicants, consulting parties, and the public to identify historic properties, evaluate potential effects, and consider ways to avoid, minimize, or mitigate for the adverse effects.

Mitigation refers to measures taken to address adverse effects to historic properties when those effects cannot be completely avoided. Through the Section 106 consultation process, mitigation may include actions such as documentation, preservation planning, interpretation, rehabilitation, or archaeological data recovery.

Learn More About the Proposed Changes

What Changes Are Proposed?

On July 24, 2026, the Advisory Council on Historic Preservation voted to move forward with proposed revisions to 36 CFR Part 800, the regulations that govern the Section 106 review process.

The proposed revisions would make significant changes to how federal agencies identify historic properties, assess effects, conduct consultation, and involve State Historic Preservation Offices and other participants in the review process.

What Could This Mean for Ohio?

Section 106 review is used across Ohio for projects involving federal funding, permits, licenses, approvals, and other federal actions. Proposed changes to 36 CFR Part 800 could affect how federal agencies identify historic properties, consult with the Ohio SHPO and other participants, evaluate project effects, and address adverse effects.

The Ohio SHPO is reviewing the proposal to better understand how the changes could affect federal project review, historic properties, local communities, consulting parties, and public participation in Ohio.

What Are the Key Issues Under Review?

The Ohio SHPO is evaluating how the proposed revisions could affect:

  • consultation between federal agencies and State Historic Preservation Offices;
  • identification and evaluation of historic properties;
  • assessment of effects on historic properties;
  • efforts to avoid, minimize, or resolve adverse effects;
  • participation by local governments, applicants, consulting parties, and the public; and
  • the timing and administration of the Section 106 review process.
How Can I Follow the Rulemaking Process?

The formal public comment period has not yet begun. Once the proposed rule is published in the Federal Register, the Ohio SHPO will update this page with the comment deadline and information about how to participate.

Additional information and updates are available from the following sources:

Section 106 Success Stories in Ohio

Explore six examples of how the Section 106 process has helped preserve historic properties, protect archaeological resources, support community investment, and develop practical solutions for projects across Ohio.