Why must historic resources be considered when constructing a cell tower? Construction of cell towers may have significant visual impacts on historic districts and structures and may destroy archeological sites. The Federal Communications Commission (FCC) licenses and certifications for such facilities are federal actions subject to compliance with Section 106 of the National Historic Preservation Act (NHPA) and the National Environmental Policy Act (NEPA).
Section 106 of the National Historic Preservation Act of 1966, as amended, requires that federal agencies take into account the effect of their projects on historic properties and give another federal agency, the Advisory Council on Historic Preservation, an opportunity to comment. Consultation with the State Historic Preservation Officer (in Virginia this is the Department of Historic Resources) is the key to most projects that are reviewed. The FCC has passed the responsibility for carrying out most steps of the Section 106 process on to cell carriers.
FCC regulations for compliance with NEPA are found in the Code of Federal Regulations, Title 47, Subchapter A, Part 1, Subpart I—Procedures Implementing the National Environmental Policy Act of 1969 (47 CFR Part 1.1301 to 1.1309). The references to historic preservation are found at 47 CFR Part 1.1307(a)(4), which identifies facilities that may affect properties on or eligible for the National Register of Historic Places as potentially requiring NEPA compliance (including preparation of an Environmental Assessment by the applicant).
Does the FCC have guidance on NEPA and on Section 106 of the National Historic Preservation Act?
FCC has guidance on NEPA and answers to
frequently asked questions about NEPA.
FCC does not have regulations or guidance on compliance with Section 106 of the NHPA.
It is important that you understand the steps of the Section 106 process. To avoid confusion and delay, we ask that your familiarize yourself with the regulations implementing Section 106 before you contacts DHR to request a review. The regulations can be found online at the Advisory Council for Historic Preservation's Web site.
What do you need so that you can review my project?
In order for this office to review a cell tower project we require the following information:
1.) The results of an archives search
2. ) A map (USGS 7.5. minute series) showing the location of the proposed tower and the Area of Potential Effect
3.) A completed Cell Tower Review Form
Is there a fee for the review? No. If you elect to have our archivist search our files for information on previously recorded sites instead of doing this yourself, there will be a fee for that service.
How long does the review take? We would like to be able to review projects within 30 days. There has been a phenomenal increase in the number of cell tower projects we receive, however, and sometimes our review can take a bit longer. In order to help us meet our deadlines, we ask that you adhere to the following:
What is the Area of Potential Effect? The Area of Potential Effect (APE) is defined in the Advisory Council’s regulations as "the geographic area or areas within which an undertaking may directly or indirectly cause alterations in the character or use of historic properties." It is important that careful consideration be given to the height of the tower and its potential viewshed. Typically, a one-mile radius is used as the APE for a tower less than 200 feet in height and a two-mile radius is used for a tower taller than 200 feet. This may vary significantly depending on the topography of an area.
The archives search and field review should be done within the entire APE. The APE will be different for archaeological resources and architectural resources. Only the actual tower site (and associated roads or structures) needs to be searched for previously recorded archaeological sites, while the larger one- or two-mile radius needs to be searched for architectural resources.
Do I need to submit co-locations for review? No. Co-locations have been excluded from review under a Nationwide Programmatic Agreement among the National Conference of State Historic Preservation Officers, the FCC, and the Advisory Council of Historic Preservation except in a few circumstances. For this reason DHR will not respond on co-locations unless certain conditions are met. It is your responsibility to familiarize yourself with the terms of the Agreement. When review is required under the exceptions listed in stipulations III, IV and V, the nature of the exception should be clearly stated on the cell tower review form.
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