Agenda - 05-27-2014 - C1 - Laserfiche WebLink

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Historic Preservation 31 Question- What are the appropriate standards when land with certain historical or archaeological significance is developed for large -scale solar PV arrays? Bottom Line- Parties undertaking solar PV projects with state or federal agency involvement must provide the Massachusetts Historical Commission (MHC) with complete project information as early as possible in the planning stage, by mail, to the MHC's office (see Resources) Parties should also contact local planning, historical or historic district commissions to learn about any required local approvals Municipalities should also take the presence of historic resources into account when establishing zoning regulations for solar energy facilities in order to avoid or minimize impacts More Information- Land being evaluated for the siting large -scale solar PV may have historical or archaeological significance, including properties listed in the National or State Registers of Historic Places and /or the Inventory of Historic and Archaeological Assets of the Commonwealth Federal and state laws require that any new construction, demolition or rehabilitation projects (including new construction of solar PV) that propose to use funding, licenses or permits from federal or state government agencies must be reviewed by the MHC so that feasible alternatives are developed and implemented to avoid or mitigate any adverse affects to historic and archaeological properties Projects receiving federal funding, licenses or permits are reviewed by the involved federal agency in consultation with the MHC and other parties in compliance with Section 106 of the National Historic Preservation Act of 1966 (16 U S C 470f) and the implementing regulations (36 CFR 800) in order to reach agreement to resolve any adverse effects Projects receiving state funding, licenses or permits must notify the MHC in compliance with M G L c 9, ss 26 -27C and the implementing regulations 950 CMR 71 If the MHC determines that the project will have an adverse effect, the involved state agency, the project proponent, the local historical preservation agencies, and other interested parties consult to reach an agreement that outlines measures to be implemented to avoid, minimize, or mitigate adverse effects For projects with both federal and state agency involvement, the Section 106 process is used Some communities have local preservation ordinances or established historic districts that require local approval for new construction visible from a public way Local historic district commissions have adopted design guidelines for new construction within their historic districts and historic neighborhoods. However, these guidelines must account for Chapter 40C Section 7 of the General Laws, which requires a historic district commission to consider the policy of the Commonwealth to encourage the use of solar energy systems and to protect solar access Resources. Federal Agency Assisted Projects Section 106 review information and federal regulations 36 CFR 800 are available at the Advisory Council on Historic Preservation (ACHP) web site- www.achp.gov. Check with the involved federal agency for how they propose to initiate the MHC notification required by 36 CFR 800 3 16