Overview of Federal and State Laws
for Project Review
Federal and state laws provide protection for historic properties under certain circumstances. Under these laws, the State Historic Preservation Office (SHPO), a division of the South Carolina Department of Archives and History, provides comments to federal and state agencies and their representatives concerning the impact of proposed projects on historic properties. The SHPO represents the State’s interest in protecting South Carolina’s historic properties. The professional SHPO staff provides technical advice to federal and state agencies and their representatives and works with them to balance project needs with historic preservation concerns.
Historic properties include buildings, structures, objects, sites, and districts with significance in American history, architecture, archaeology, engineering, and culture. These properties may be listed in or eligible for the National Register of Historic Places.
State Legislation: Review of DHEC-OCRM-Permitted Projects
Section 48-39-150 of the South Carolina Code of Laws requires the South Carolina Department of Health and Environmental Control’s Office of Ocean and Coastal Resource Management (DHEC-OCRM) to consider the "extent to which the development could affect ...irreplaceable historic and archaeological sites of South Carolina’s coastal zone" when deciding whether or not to issue a certification or permit. The State Historic Preservation Office (SHPO) consults with DHEC-OCRM and applicants concerning the effect projects requiring DHEC-OCRM certification or permits may have on historic properties listed in or eligible for the National Register. The law applies to South Carolina’s coastal counties: Beaufort, Berkeley, Charleston, Colleton, Dorchester, Georgetown, Horry, and Jasper.
State Legislation: Review of Mining Projects
Section 48-20-20 of the South Carolina Code of Laws (South Carolina Mining Act) mandates that no mining may be carried out in South Carolina unless "plans for the mining include reasonable provisions for protection of the surrounding environment and for reclamation of the area of land affected by the mining." Applicants for mining permits must present reclamation plans to the South Carolina Department of Health and Environmental Control’s Division of Mining and Solid Waste Management. The Mining Act Section 48-20-40 mandates that reclamation plans must include "proposed methods to limit significant adverse effects on significant cultural or historic sites." The State Historic Preservation Office (SHPO) consults with the Division of Mining and Solid Waste Management concerning the effect projects requiring mining permits may have on historic properties listed in or eligible for the National Register.
State Legislation: Review of Projects Affecting State Owned or Leased National Register Properties
Section 60-12-10 through Section 60-12-90 of the South Carolina Code of Laws establishes a review process for projects involving historic properties owned or leased by the State of South Carolina that are listed in the National Register of Historic Places. (This law, unlike the others, does not apply to properties that are eligible for the National Register, but not listed.) The law encourages the preservation of state owned or leased National Register properties by establishing a consultation process between state agencies and the State Historic Preservation Office to incorporate historic preservation concerns with the needs of state projects.
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Federal Legislation: Section 106 Review of Federal Projects
Section 106 of the National Historic Preservation Act of 1966 requires federal agencies to consider the effects their actions may have on historic properties listed in or eligible for the National Register of Historic Places. The law applies to projects that have some type of federal involvement. Involvement may include federal funds, grants, or loans; federal permits or licenses; or actual federal ownership or control of the affected property. The regulations require agencies to consult with the State Historic Preservation Officer in the state concerned.
Other Federal Legislation
Although Section 106 of the National Historic Preservation Act is the primary federal law providing protection for historic properties, federal agencies have responsibilities for addressing protection of historic properties under a number of other laws. These include the following:
- National Environmental Policy Act of 1969 (NEPA)
- Archaeological and Historic Preservation Act of 1974 (AHPA)
- Archaeological Resources Protection Act of 1979 (ARPA)
- American Indian Religious Freedom Act of 1978 (AIRFA)
- Native American Graves Protection and Repatriation Act of 1990 (NAGPRA)
- Americans with Disabilities Act of 1990 (ADA), and
- Agency specific legislation such as Section 4(f) of the Department of Transportation Act
The website of the Advisory Council on Historic Preservation summarizes these laws and discusses their relationship to Section 106 at www.achp.gov/relationship.html. The website of the National Park Service includes links to the text for these laws and others at www.cr.nps.gov/laws.htm and www.nps.gov/history/online_books/fhpl/index.htm.
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