An Official Website of the Commonwealth of Kentucky
The Kentucky Heritage Council's Site Protection Program coordinates the federally mandated protection of historic properties listed in or eligible for the National Register of Historic Places, as well as the professional archaeology component for the agency.
Site Protection staff are responsible for reviewing thousands of projects each year that utilize federal funding or permits that have the potential to impact historic resources. The staff averages about 650 reviews a quarter and make an effort to accommodate the deadlines and special needs of partner state agencies, municipalities, developers, businesses and other constituents statewide. Staff members coordinate surveys that document many of these buildings and archaeological resources. They also work to execute Programmatic Agreements (PAs), Memorandums of Agreement (MOAs) and other documents that streamline review with federal agencies.
KHC’s regulatory responsibilities aid a wide range of applicants – including sister agencies, city and county governments, and nonprofit organizations – by ensuring that the projects these entities propose are in compliance with the National Historic Preservation Act (NHPA) of 1966. Section 106 of this act states that "Certain individuals and organizations with demonstrated interest in the undertaking may participate as consulting parties due to the nature of their legal or economic relation to the undertaking or affected properties, or their concern with the undertaking’s effects on historic properties." Learn more about consulting parties and the role they play in providing input during project planning.
The Site Protection team also devotes time to meetings, consultations, and research efforts associated with these projects, as well as spending time to educate people about the importance of historic resources. See below for streamlined guidance for particular project types.
Notice of Policy - Linear Projects
Re: Kentucky Heritage Council - State Historic Preservation Office
Programmatic approach to Section 106 submissions for projects submitted for small-scale linear projects such as water or sewer lines and associated elements
The purpose of this Policy is to streamline the submission and review processes for compliance with Section 106 of the National Historic Preservation Act for small-scale linear projects. The goal of this policy is to accommodate the increased workload for projects with federal funding. This document sets forth what information KHC requires based on project type. The audience for this guidance are our state partners, their applicants, and consultants meeting the Secretary of Interior's professional qualifications for a preservation field who have their curriculum vitae on file with the Kentucky Heritage Council and who have received a response letter from our office acknowledging that we have had the opportunity to compare the consultants' qualifications with federal guidance.
Any projects falling outside the parameters presented in the categories described in this document shall follow all submission and review processes laid out in the Kentucky Heritage Council's (KHC) review and compliance guidance (https://heritage.ky.gov/compliance/Pages/general-application.aspx).
All reference to ground disturbance shall include and consider access and staging areas for the proposed activity.
Should there be more than one criterion presented for any category, all criteria listed must be met to qualify for that category. All documentation submitted to KHC/SHPO for Section 106 review intended for inclusion in this policy shall state explicitly “linear" in the subject line for the submission.
This document sets forth what information we require based on project type. Consultants should compile this information in the form of a detailed overview or literature and records review. The content of this document should include:
Please note: Recommendations provided to KHC by consultants do not constitute or fulfill the Section 106 consultation process. This background research provides our applicants throughout the Commonwealth a streamlined alternative to expedite the review process with the KHC to the extent possible. KHC will use this information to determine what level of additional documentation, investigation, or survey is warranted, if any, and will inform the partner state agency or their applicants.
Category 1 consists of all projects that continue to require submission of all documentation requested on the Section 106 Coversheet (Attachment 1) in order for KHC to provide comment. These projects include, but are not limited to, the following project types. Please note that all modifications to properties 50 years of age or older, require submission of all requested Section 106 documentation.
Table 1. Category 1. ALL SECTION 106 DOCUMENTATION REQUIRED AS LISTED ON THE COVER SHEET.
For Category 2 projects, consultants or applicants should compile this information in the form of a detailed overview or literature and records review. The content of this document should include:
Table 2. Category 2. REQUIRES FULL LITERATURE AND RECORDS REVIEW.
Category 3 projects consists of projects where no new ground disturbance is proposed.
Table 3. Category 3. REQUIRES ALL DOCUMENTATION EXCEPT OSA PRELIMINARY RECORDS RESULTS.
No individual review is necessary for placement of lines or antennas on existing poles or for the placement of small containers as listed above (see image below). Consultants or Applicants can list these separately within their Literature and Records Review. A corresponding quarterly table shall be provided to our office by the Division of Water team or the Area Development District team for ALL CATEGORY 4 PROJECTS on the first days of January, April, July, and October.
For Category 4 proposed projects, we would concur with a finding of No Adverse Effect (Table 4).
Table 4. Category 4. SHPO WOULD CONCUR WITH FINDING OF NO ADVERSE EFFECT.
Criteria to be presented quarterly includes, but is not limited to: Applicant, County, Grantee, Project Title, Project Type, Brief Description, and Project Locations (latitude/longitude or street address). For Category 4 projects, we would concur with a finding of No Adverse Effect. This Policy shall be in place for two calendar years or until a fully executed Programmatic Agreement is in place, whichever occurs first.
Submit all documents to khc.section106@ky.gov. Include the word, “linear," in the subject line of the email. Sending directly to a staff reviewer or failure to submit the documentation requested will result in the delay of document distribution.
The State Historic Preservation Office is happy to work with our federal, state, and local partners. We look forward to continued conversations and the development of future agreements and processes that serve to protect significant cultural resources throughout the Commonwealth. Should you have questions or concerns please contact our Site Protection Program by emailing nicole.konkol@ky.gov.
Notice of Policy - Broadband Projects
Re: Kentucky Heritage Council – State Historic Preservation Office
Programmatic approach to Section 106 submissions for projects submitted for broadband development throughout the Commonwealth
The purpose of this Policy is to streamline the submission and review process for Office of Broadband Development (OBD) undertakings requiring compliance with Section 106 of the National Historic Preservation Act. The goal of this policy is to accommodate the increased workload for projects with federal funding. The audience for this guidance are our state partners at OBD, their applicants, and consultants meeting the Secretary of Interior's professional qualifications for a preservation field who have their curriculum vitae on file with the Kentucky Heritage Council and who have received a response letter from our office acknowledging that we have had the opportunity to compare the consultants' qualifications with federal guidance.
Please note: Recommendations provided to KHC by consultants do not constitute or fulfill the Section 106 consultation process. This background research provides our applicants throughout the Commonwealth a streamlined alternative to expedite the review process with the KHC to the extent possible. KHC will use this information to determine what level of additional documentation, investigation, or survey is warranted, if any, and will inform the Office of Broadband Deployment (OBD) or their applicants.
Known Project Types under the Broadband Program include:
Any project elements not covered here shall proceed through the standard complete Section 106 review process. Should there be more than one criterion presented for any category, all criteria listed must be met to qualify for that category.
Submit all documents to khc.section106@ky.gov. Include the word, “Broadband," in the subject heading. Sending directly to a staff reviewer or failure to submit the documentation requested will result in the delay of document distribution.
Category 1 (Figure 1) - Construction or placement of new huts, central offices, new poles, headends, and cabinets, etc.
A full literature and records review as described above is required for all such projects. Please include a Section 106 Coversheet as the cover page to your Literature and Records Review and email your documentation to our dedicated Section 106 email address: khc.section106@ky.gov.
Figure 1. Large structures including staging and access
Example - Fiber hut and access
Category 2 (Figure 2) - Placement of new buried lines and buried small structures, etc –
An archaeological literature and records review is required for the project footprint and surrounding 100 m. No above ground data are necessary provided the ground surface and landscape are returned to the condition they were in prior to placement.
Figure 2 . New buried small containers and lines
Example – Buried Vault
Category 3 (Figure 3) – Above ground placement of pedestals, placements of antennas and/or lines on existing structures –
No individual review is necessary for placement of lines or antennas on existing poles or for the placement of small containers as listed above (see image below). Consultants can list these separately within their Literature and Records Review and these projects will likely result in a concurrence with a finding of No Survey Warranted and No Adverse Effect. A corresponding quarterly table shall be provided to our office by OBD for ALL CATEGORY 3 PROJECTS on the first days of January, April, July, and October.
Figure 3. Small placements or attachments
Example – above ground pedestal
Criteria to be presented quarterly by the OBD team includes, but is not limited to: Applicant, County, Grantee, Project Title, Project Type, Brief Description, and Project Locations (latitude/longitude or street address). For these Category 3 proposed projects, we would concur with a finding of No Adverse Effect.
This Policy shall be in place for two calendar years or until a fully executed Programmatic Agreement is in place, whichever occurs first.