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Boston: National News: Section 106 of the National Historic Preservation Act Under Review

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~ During a recent Congressional hearing in late October 2025, Section 106, a federal law that requires consideration of the potential impact of major infrastructure projects on historic resources, came under review. The hearing aimed to examine potential "regulatory burdens" across federal agencies that could be streamlined. National preservation organizations, including the National Trust for Historic Preservation and Preservation Action, along with multiple State Historic Preservation Offices, expressed concerns about proposed rollbacks of the law.

Section 106 was established in 1966 as a response to the significant loss of historic resources during large-scale federal projects such as highways and urban renewal initiatives. Its purpose is to ensure a transparent and public review process that identifies and minimizes impacts on historic buildings, landscapes, archaeological sites, and cultural places.

Many public officials and community advocates believe that Section 106 adds value to planned public projects by helping to avoid unintentional losses of valuable community history. The law requires federal agencies to identify historic resources, assess potential project impacts, and consult with preservation partners before implementing federally funded or permitted undertakings. These partners include each state's Historic Preservation Officers, Tribal Historic Preservation Officers, municipal historical commissions, and community stakeholders.

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One state with a strong equivalent to Section 106 is Massachusetts' State Register Review. Under M.G.L. Chapter 9, Sections 26-27C (950 CMR 71.00), all projects receiving state funding or permits must submit a Project Notification Form to the Massachusetts Historical Commission (MHC). The MHC serves as the State Historic Preservation Office (SHPO) and participates in the Section 106 process within Massachusetts.

In Boston specifically, the Boston Landmarks Commission (BLC) plays an important role in both state and federal historic review processes as a consulting party. As the "Local Historical Commission," BLC brings extensive knowledge of local communities and conditions to these processes. BLC staff provide direct comments on projects under review and can recommend alternative ways to minimize or mitigate impacts to historic resources.

Section 106 is particularly relevant as cities and states continue to experience significant investment in new climate-resiliency measures, renewable energy projects, housing expansion, and transit upgrades. These projects are necessary but must be planned carefully to avoid unintentional loss of the visible and invisible heritage that gives each place its identity.

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One example of Section 106 in action is the rehabilitation of the Longfellow Bridge, which connects Boston to Cambridge. The project, which was subject to Section 106 due to the involvement of the Federal Highway Administration (FHWA), included upgrading the bridge's structural capacity, creating bicycle lanes, replacing Red Line tracks, and improving accessibility connections. Through the Section 106 process led by the FHWA with assistance from MASSDOT, MHC, and consulting parties such as BLC and the Cambridge Historical Commission, historic materials on the bridge were carefully considered and treated.

In conclusion, Section 106 plays a crucial role in preserving historic resources during major infrastructure projects. Its transparent review process allows for public input and ensures that these resources are not lost in the face of development. As cities and states continue to grow and evolve, it is essential that laws like Section 106 remain in place to protect our irreplaceable heritage.

Filed Under: Government, City

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