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National Historic Preservation Act
Review Procedures
You must determine whether your site’s or facility’s stormwater discharges, allowable non-stormwater discharges, or construction of best management practices (BMPs) to control such discharges, have potential to affect a property that is either listed or eligible for listing on the National Register of Historic Places  .
How do I determine if discharges associated with industrial activity at my facility will adversely affect an historic property?
Construction sites, facilities that are new industrial stormwater dischargers, and facilities that are planning to construct BMPs for permit eligibility should conduct a detailed assessment to determine whether historic properties might be affected by the stormwater discharge or BMPs to control the discharge. You should first determine whether there are any historic properties or places listed on the National Register or if any are eligible for listing on the register. For existing dischargers who do not need to construct BMPs for permit coverage, a less detailed inspection or assessment could be sufficient to determine whether historic properties are affected.
How do I determine if there are historic properties that might be affected by discharges from my facility?
EPA suggests that applicants first access the “National Register of Historic Places,” as maintained by the National Park Service on its National Register Information System (NRIS) .
Contact information is available for State Historic Preservation Officers and Tribal Historic Preservation Officers . In instances where a Tribe does not have a Tribal Historic Preservation Officer, applicants should contact the appropriate Tribal government office when responding to this permit eligibility condition.
Applicants may also contact city, county, or other local historical societies for assistance, especially when determining if a place or property is eligible for listing on the register.
Under what circumstances might I be eligible for permit coverage with respect to protection of historic properties?
The following scenarios describe how you can meet the permit eligibility criteria for protection of historic properties under this permit:
Criteria A
You can meet the permit eligibility criteria (MSGP Part 1.2.3.7.1) if:
- Historic properties are not identified in the path of your facility’s stormwater and allowable non-stormwater discharges or where construction activities are planned to install BMPs to control such discharges (e.g., diversion channels or retention ponds); or
- Historic properties are identified but it is determined that they will not be affected by the discharges or construction of BMPs to control the discharge.
Criteria B
If historic properties are identified in the path of your facility’s stormwater and allowable non-stormwater discharges or where construction activities are planned to install BMPs to control such discharges, and it is determined that there is the potential to adversely affect the property, you can still meet the permit eligibility criteria (MSGP Part 1.2.3.7.2) if you obtain and comply with a written agreement with the appropriate State or Tribal Historic Preservation Officer that outlines measures you will follow to mitigate or prevent those adverse effects. The contents of such a written agreement must be included in your Stormwater Pollution Prevention Plan. In situations where an agreement cannot be reached between an applicant and the State or Tribal Historic Preservation Officer, applicants should contact the Advisory Council on Historic Preservation for assistance.
Applicants for permit coverage should clearly document in the SWPPP the steps taken to make the determination that historic properties are not being adversely affected by stormwater discharges from the site/facility. When listed properties are present near the site/facility, EPA recommends that applicants periodically reassess the stormwater discharges to verify that they are not adversely affecting the properties.
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