The Massachusetts Historical Commission (MHC) is the state agency responsible for administering historic preservation programs. Under Massachusetts General Laws Chapter 9, Section 26C, the MHC is mandated to review projects that may affect historic resources. Specifically, any project receiving state or municipal funding, or requiring state or municipal permits, must be reviewed by the MHC if it has the potential to impact a property listed or eligible for listing on the State Register of Historic Places, or a property of local significance. This review process aims to identify potential adverse effects and explore mitigation strategies. The MHC’s role is to provide guidance and ensure compliance with state preservation laws, which often involve consultation with project proponents and relevant stakeholders. The concept of “adverse effect” is central to this review, encompassing destruction, alteration, or demolition of historic features, as well as inappropriate new construction or neglect. The MHC’s determination of whether a project constitutes an adverse effect, and the subsequent development of a Memorandum of Agreement (MOA) or other mitigation measures, are key components of this regulatory framework.

The Massachusetts Historical Commission (MHC) plays a pivotal role in the preservation of the Commonwealth’s cultural heritage. Under M.G.L. c. 9, § 26, the MHC is mandated to administer and enforce laws pertaining to historic preservation, including the review of projects that may affect historic resources. Specifically, Section 27C of Chapter 9 outlines the process for reviewing undertakings that have the potential to impact properties listed or eligible for listing on the State Register of Historic Places. This review process involves consultation with the MHC and, in certain circumstances, the State Secretary of Energy and Environmental Affairs. The MHC’s regulations, found at 950 CMR 71.00, detail the procedures for this review, including the role of the State Historic Preservation Officer (SHPO), who is typically the Executive Director of the MHC. The goal is to mitigate adverse effects on historic properties. When an undertaking is proposed that might impact a historic property, the proponent must notify the MHC. The MHC then assesses the potential impact. If an adverse effect is determined, the MHC will work with the proponent to seek alternatives or mitigation measures. The concept of “undertaking” is broadly defined in the context of state and local government actions, including permits, licenses, and direct actions by state agencies. The review process is designed to balance development needs with the imperative of preserving Massachusetts’ rich historical and architectural legacy.

The Massachusetts Historical Commission (MHC) is the state agency responsible for administering historic preservation programs and enforcing historic preservation laws in Massachusetts. Under M.G.L. c. 9, §§ 26-27C, the MHC has the authority to review proposed projects that may affect historic resources. Specifically, Section 27C of Chapter 9 mandates that state agencies and political subdivisions undertake a review process for any undertaking that may affect historic assets. This review involves determining if the undertaking is likely to diminish the historical or archaeological significance of any historic asset. If such an effect is likely, the MHC must be consulted. The process requires a written notification to the MHC, which then has 30 days to review the project and issue findings. If the MHC determines that the undertaking will diminish the significance of a historic asset, it may require mitigation measures. These measures can include avoidance, alteration, or documentation of the historic asset. The ultimate goal is to balance development needs with the imperative to preserve the Commonwealth’s cultural heritage. Therefore, the MHC’s role is central to ensuring compliance with state preservation laws, particularly when public undertakings are involved.

Massachusetts General Laws Chapter 9, Section 27C, often referred to as the Massachusetts Historical Commission Act, establishes the framework for the preservation and management of the Commonwealth’s cultural and historical resources. This statute empowers the Massachusetts Historical Commission (MHC) to oversee various aspects of historic preservation, including the review of projects that may affect historic properties. A key component of this oversight involves the Section 106 review process, although that is a federal mandate under the National Historic Preservation Act of 1966. Within the state’s own purview, MGL c. 9, § 27C, and its implementing regulations found at 950 CMR 71.00, mandate that state agencies and political subdivisions undertake a review of undertakings that could impact properties listed or eligible for listing on the State Register of Historic Places. The process requires agencies to consult with the MHC and, if necessary, the Secretary of the Commonwealth, to determine if an undertaking will have an adverse effect on a historic property. If an adverse effect is determined, mitigation measures must be developed and implemented. The question probes the specific statutory authority granted to the MHC to conduct such reviews and the entities that are subject to this oversight, focusing on the proactive identification and protection of the Commonwealth’s heritage. The core of the MHC’s authority stems from its mandate to administer programs for the identification, evaluation, and protection of historic and archaeological resources throughout Massachusetts.

Massachusetts General Laws Chapter 9, Section 27C, establishes the Massachusetts Historical Commission (MHC) and outlines its powers and duties concerning the identification, evaluation, and protection of historic and archaeological resources within the Commonwealth. This statute, along with associated regulations found in 950 CMR 71.00, governs the review process for projects that may affect historic or archaeological properties. Specifically, MGL c. 9, § 27C mandates that any proposed project receiving state or local funding, or requiring a state or local permit, must undergo review by the MHC if it has the potential to affect historic resources. This review aims to ensure that the Commonwealth’s cultural heritage is preserved and that development proceeds in a manner that respects its historical significance. The MHC’s role is to provide expert guidance, conduct surveys, maintain records, and make recommendations for preservation and mitigation. The process involves an initial assessment to determine if a property is historic or archaeological, followed by a more detailed review if potential impacts are identified. The ultimate goal is to balance development needs with the imperative to protect Massachusetts’ irreplaceable historical assets.

The Massachusetts Historical Commission (MHC) plays a pivotal role in the preservation and management of the Commonwealth’s cultural heritage. Under Chapter 184, Section 55 of the Massachusetts General Laws, the MHC is empowered to designate historic districts and individual landmarks. When a state or local government agency proposes an undertaking that may affect a property listed on or eligible for the State Register of Historic Places, Section 106 of the National Historic Preservation Act, as implemented by 36 CFR Part 800, mandates an “effect on historic properties” review process. This process involves identifying historic properties, assessing the nature of the undertaking’s potential effects, and consulting with relevant parties, including the MHC, the State Historic Preservation Officer (SHPO) – which in Massachusetts is the Executive Director of the MHC – and potentially the Advisory Council on Historic Preservation. The goal is to avoid, minimize, or mitigate adverse effects on historic properties. The scenario describes an undertaking by a state agency that has the potential to impact a property eligible for the State Register of Historic Places. The MHC’s involvement is therefore a procedural requirement to ensure compliance with federal and state preservation laws. The MHC’s role is not to approve or deny the undertaking itself, but to provide expertise and guidance on how to manage the potential impact on the historic property. Therefore, the MHC’s primary function in this context is to conduct a review of the potential impact and offer recommendations for mitigation.

The scenario involves a privately owned historic mill building in Massachusetts that has been designated a local landmark by a city’s historical commission. The owner wishes to undertake significant exterior alterations that, while preserving the building’s overall form, would involve replacing original wooden window sashes with modern vinyl replicas and altering the facade’s fenestration pattern. Massachusetts General Laws Chapter 40C, Section 11, governs the powers of historical commissions regarding historic districts and landmarks. Specifically, this statute grants historical commissions the authority to regulate alterations to exterior architectural features of properties within historic districts or designated landmarks. The commission’s approval is required for any work that will affect the exterior architectural features of such properties. The proposed alterations, particularly the replacement of original window sashes and the modification of the fenestration pattern, directly impact the exterior architectural features. Therefore, the owner must seek and obtain a certificate of appropriateness from the local historical commission before commencing any work. Failure to do so would be a violation of MGL c. 40C, § 11. The state historical commission’s role is primarily advisory and supportive, and while it can offer guidance, the direct regulatory authority for local landmarks rests with the local historical commission. The Massachusetts Historical Commission (MHC) oversees the state register of historic places and provides technical assistance, but it does not issue permits for local landmarks. Local zoning ordinances may also apply, but the primary mechanism for controlling alterations to designated landmarks is through the historical commission’s review process. The question asks about the necessary step for the owner to proceed legally with these alterations. The correct legal pathway is to secure the required approval from the local historical commission.

The Massachusetts Historical Commission (MHC) plays a crucial role in the administration of cultural heritage laws within the Commonwealth. Specifically, under M.G.L. c. 9, § 26C, the MHC is mandated to review projects that may affect historic or archaeological resources. The process involves identifying potentially significant sites and properties. When a project is proposed that might impact such resources, a review is triggered. The MHC’s determination of whether a property or site is historically or archaeologically significant is a key step. If the MHC determines that a resource is significant, then specific protective measures or mitigation strategies may be required. This process is distinct from, though often coordinated with, local historical commission reviews, which operate under different authorities and scopes. The MHC’s authority is statewide and directly tied to state-level preservation statutes. The MHC’s role is advisory and regulatory, influencing project design and implementation to ensure compliance with preservation mandates. The review process is designed to balance development needs with the imperative to protect the Commonwealth’s irreplaceable cultural heritage, encompassing both built structures and archaeological deposits.

The Massachusetts Historical Commission (MHC) plays a crucial role in the administration of cultural heritage laws in the Commonwealth. Specifically, under Chapter 9 of the Massachusetts General Laws (MGL c. 9), particularly sections pertaining to the preservation of historical and archaeological assets, the MHC is empowered to review projects that may affect historic resources. When a proposed project, such as the construction of a new commercial development in a historic district, is subject to review under MGL c. 9, § 27C, the MHC must be notified. This notification process is triggered by the project’s potential to impact a property listed on or eligible for the State Register of Historic Places or located within a designated historic district. The MHC then undertakes a review to determine if the project will have an adverse effect on the historic character of the property or district. If an adverse effect is determined, the MHC can propose mitigation measures or, in certain circumstances, recommend denial of permits. The question asks about the agency responsible for the initial review of projects potentially impacting historic resources in Massachusetts. Based on the statutory framework established by MGL c. 9, the Massachusetts Historical Commission is the primary state agency tasked with this oversight. Other entities, like the Massachusetts Environmental Policy Act (MEPA) office, are involved in environmental reviews, but the specific mandate for historic preservation review, including the determination of adverse effects on historic resources, falls under the purview of the MHC. Local historical commissions also play a role, but the state-level review and ultimate authority for state-listed or eligible resources rests with the MHC.

The Massachusetts Historical Commission (MHC) plays a crucial role in administering state-level historic preservation programs. Under M.G.L. c. 9, § 26C, the MHC is mandated to review proposed undertakings by state agencies or political subdivisions that may affect historic assets. This review process is designed to ensure that the historic character of the Commonwealth is preserved. The MHC’s authority extends to requiring the preparation of an Environmental Impact Assessment (EIA) if an undertaking might have a significant impact on a historic resource. Specifically, if an undertaking has the potential to alter, demolish, or negatively affect a property listed or eligible for listing on the State Register of Historic Places, the MHC must be consulted. The MHC then has a specified period to review the proposed action and provide recommendations. If the MHC determines that an undertaking will have an adverse effect, it can issue a Certificate of Appropriateness or deny the undertaking, potentially leading to mitigation measures or project modifications. The review process is distinct from federal Section 106 review, although there can be overlap in identifying historic properties. The core principle is to balance development with the preservation of Massachusetts’ rich historical and architectural heritage.

The Massachusetts Historical Commission (MHC) plays a pivotal role in administering state historic preservation programs, including the review of projects that may affect historic resources. Under Massachusetts General Laws Chapter 9, Section 27C, and its implementing regulations at 950 CMR 71.00, state agencies and political subdivisions are required to consult with the MHC prior to undertaking, licensing, or funding any project that may affect historic assets. This consultation process is triggered by a determination that a project has the potential to impact a property listed or eligible for listing on the State Register of Historic Places. The MHC then provides guidance and may require mitigation measures to minimize adverse effects. The question revolves around the procedural obligation of a municipal entity when a proposed public works project is identified as potentially impacting a property that, while not yet officially listed, is considered a significant historic resource by local historical commission members based on preliminary research. The key legal principle here is the proactive duty to consult and assess potential impact, even in the absence of formal listing on a state register. The MHC’s role is to ensure that all potential impacts on state-recognized historic assets are thoroughly evaluated, thereby preventing irreversible damage to the Commonwealth’s cultural heritage. The MHC’s purview extends to properties that are *eligible* for listing, not solely those already listed, which is a critical nuance for compliance. Therefore, the obligation to consult arises when there is a reasonable likelihood of impact on a property of historic significance, as determined through appropriate due diligence, which would include local historical commission input.

The Massachusetts Historical Commission (MHC) plays a pivotal role in the review process for projects that may affect historic properties. Under Chapter 90 of the Massachusetts General Laws, specifically M.G.L. c. 90, § 26, and its implementing regulations at 950 CMR 71.00, any project involving the expenditure of state or local funds that could potentially impact a property listed or eligible for listing on the State Register of Historic Places requires a review by the MHC. The process mandates that the project sponsor notify the MHC of the proposed undertaking. The MHC then has a statutory period, typically 30 days, to review the project and determine if it constitutes an “undertaking” that could adversely affect the historic property. If the MHC determines an undertaking exists, they can request further information and may propose mitigation measures. Failure to comply with this review process can lead to project delays and potential legal challenges. Therefore, understanding the scope of “undertaking” and the MHC’s review authority is crucial for developers and public agencies in Massachusetts. The question tests the understanding of which state agency is primarily responsible for this review under specific Massachusetts statutes and regulations.

The Massachusetts Historical Commission (MHC) oversees the inventory and designation of historic properties. When a property is proposed for demolition or significant alteration, the MHC reviews the proposal. Under Massachusetts General Laws Chapter 9, Section 27C, if a property is deemed to be of definite historical or architectural significance, the MHC can request that the applicant undertake further studies or propose alternatives to mitigate adverse effects. If the MHC determines that a property has sufficient significance, it can recommend to the Secretary of the Commonwealth that the property be designated as an historic landmark. This process involves a review of architectural style, historical association, and integrity of the property. The MHC’s role is advisory in many cases, but its recommendations carry significant weight and can lead to delays or requirements for preservation measures. The question asks about the MHC’s authority to *request* a study or alternatives, which aligns with its role in mitigating adverse effects on significant properties during the review process. The MHC does not have the authority to unilaterally designate a property as a landmark without following statutory procedures, nor does it have the power to mandate preservation solely based on a preliminary finding without further review and potential designation. Its ability to “request” is a key part of its consultative and review authority.

The Massachusetts Historical Commission (MHC) plays a crucial role in the administration of cultural heritage laws within the Commonwealth. Under M.G.L. c. 9, § 26, the MHC is empowered to designate and protect historic and archaeological resources. When a proposed project may affect a historic property or archaeological site, a review process is initiated. This process often involves consultation between the project proponent, the MHC, and potentially other state agencies, such as the Massachusetts Environmental Policy Act (MEPA) office if the project falls under MEPA review. The MHC’s role is to assess the potential impact on the historic or archaeological integrity of the resource and to recommend measures to avoid, minimize, or mitigate adverse effects. The determination of whether a property is “historic” or an “archaeological site” is based on specific criteria outlined in MHC regulations and state statutes, which consider factors such as age, architectural significance, association with important persons or events, and the presence of significant artifacts or features. The process aims to balance development needs with the imperative to preserve Massachusetts’ rich cultural and historical legacy. The MHC’s ultimate authority can include requiring specific mitigation strategies, alterations to project plans, or even halting a project if significant impacts cannot be adequately addressed. The review process is designed to be comprehensive, ensuring that all potential impacts are considered before any irreversible actions are taken.

The scenario involves a developer proposing to build a new commercial complex on land in Massachusetts that contains a previously undiscovered colonial-era burial ground. The primary legal framework governing such situations in Massachusetts is the Massachusetts Historical Commission (MHC) review process, as mandated by Massachusetts General Laws Chapter 9, Section 26-27C, and its implementing regulations at 950 CMR 71.00. This process requires that any project affecting land with potential historical or archaeological significance undergo a review by the MHC. The discovery of human remains, particularly in a context suggesting a historical burial site, triggers specific protocols. Under 950 CMR 71.00, the developer must notify the MHC immediately upon discovery. The MHC then has a statutory period to assess the significance of the find and determine appropriate mitigation measures. These measures can range from site avoidance and preservation to careful excavation and reburial, often involving consultation with descendants if identifiable, and state or local historical commissions. The goal is to balance development needs with the imperative to protect significant cultural and historical resources, including human remains. The law prioritizes the preservation and respectful treatment of such sites. Therefore, the developer’s obligation is to halt work and report the discovery to the MHC, initiating the formal review and mitigation process.

Massachusetts General Laws Chapter 9, Section 27C, establishes the Massachusetts Historical Commission (MHC) and grants it authority over the identification, evaluation, and protection of historic assets within the Commonwealth. This chapter, along with related regulations like 950 CMR 71.00, outlines the procedures for historic preservation review, particularly concerning projects that may impact historic properties. When a state agency or municipality proposes an undertaking that could affect a property listed or eligible for listing in the State Register of Historic Places, a formal review process is triggered. This process requires consultation with the MHC to assess the potential adverse effects. The MHC’s role is to provide guidance and, where necessary, recommend mitigation measures to minimize or avoid harm to the historic integrity of the property. The ultimate determination of whether an undertaking will have an adverse effect, and the appropriateness of any proposed mitigation, rests on a careful balancing of preservation goals with the public interest served by the undertaking, guided by the MHC’s expertise and the legal framework. The review process is designed to ensure that development and public works projects are undertaken in a manner that respects and preserves the Commonwealth’s rich historical and architectural heritage.

The Massachusetts Historical Commission (MHC) plays a crucial role in administering state historic preservation programs, including the review of projects that may affect historic properties. Under Massachusetts General Laws Chapter 9, Section 27C, and its implementing regulations at 950 CMR 71.00, state agencies and political subdivisions must consult with the MHC prior to undertaking or approving any project that may affect historic assets. This consultation process is designed to identify potential adverse effects and explore mitigation measures. The MHC’s review focuses on properties that are listed or eligible for listing in the Massachusetts Historical Commission’s Inventory of Historic Assets of the Commonwealth or are listed in the National Register of Historic Places. The consultation aims to ensure that the Commonwealth’s cultural heritage is preserved. The process involves the submission of project information by the agency or political subdivision, MHC review, and potential recommendations for avoidance, minimization, or mitigation of adverse impacts. The MHC’s authority stems from its mandate to protect and preserve the state’s historical and archaeological resources.

The Massachusetts Historical Commission (MHC) plays a pivotal role in administering the state’s historic preservation program, which is guided by Chapter 9, Sections 26-27C of the Massachusetts General Laws (MGL). A key aspect of this program involves the review of proposed projects that may affect historic resources. MGL c. 9, § 27C mandates that state agencies, political subdivisions, and certain other entities must consult with the MHC prior to undertaking or approving any project that could potentially impact a property listed or eligible for listing on the Massachusetts Register of Historic Places. This consultation process, often referred to as the Section 106 review process under federal law, is implemented in Massachusetts through state-level procedures. The MHC’s review aims to identify adverse effects on historic properties and to explore alternatives or mitigation measures. The question focuses on the statutory obligation of a municipal planning board to engage with the MHC when considering a development project that could impact a property listed on the Massachusetts Register of Historic Places. This engagement is a procedural requirement designed to ensure that historic preservation considerations are integrated into the planning and decision-making processes for such projects. The statutory framework requires this consultation to occur before final approval or undertaking of the project.

The scenario involves a property owner in Massachusetts seeking to alter a building that has been designated as a historic landmark under state law. Massachusetts General Laws Chapter 184, Section 32, governs the preservation and rehabilitation of historic structures. This statute requires that any proposed alteration to a designated historic structure must be reviewed by the Massachusetts Historical Commission (MHC) or the relevant local historical commission if a local ordinance is in place. The review process aims to ensure that alterations are compatible with the historic character of the property. Specifically, the law mandates that alterations should not be inconsistent with the historic architectural character of the building. If a property owner wishes to undertake work that they believe is minor or does not affect the historic character, they are still generally required to obtain a certificate of appropriateness or a similar approval from the relevant historical commission before commencing work. Failure to do so can result in penalties. The key principle is that the historic integrity of the designated property must be considered and protected through a formal review process. The question tests the understanding of the procedural requirements under Massachusetts historic preservation law when undertaking work on a designated historic property. The correct course of action involves seeking official approval from the appropriate historical commission, which in this case would be the Massachusetts Historical Commission due to the statewide designation.

The Massachusetts Historical Commission (MHC) is the state agency responsible for administering the National Register of Historic Places program in Massachusetts. Under this program, the MHC reviews nominations for properties to be listed on the National Register. When a property is determined to be eligible for the National Register, it signifies that the property meets specific criteria for significance in American history, architecture, archaeology, engineering, or culture. This eligibility is a crucial step, but it does not automatically confer legal protection against demolition or alteration. Legal protection for historic properties in Massachusetts primarily arises from several sources. The Massachusetts Historical Commission Act (M.G.L. c. 9, § 26) establishes the MHC and its powers, including the review of proposed actions that may affect historic resources. Specifically, M.G.L. c. 9, § 27C mandates that state agencies and political subdivisions must notify the MHC of any proposed undertaking that might affect a historic resource. The MHC then has a period to review the undertaking and can impose conditions or require alternatives to mitigate adverse effects. This review process is distinct from the National Register eligibility determination, although National Register status is a strong indicator of historical significance that triggers MHC review. Furthermore, local historic district bylaws and local historical commissions play a vital role in protecting historic properties. Many municipalities in Massachusetts have established historic districts with specific design guidelines and review processes for alterations or demolitions within those districts. These local protections often provide more immediate and direct regulatory control than the state-level review, which is primarily triggered by state or federal undertakings or by the MHC’s own initiative. Therefore, while National Register eligibility is a significant designation recognizing a property’s importance, it is the state and local regulatory frameworks, particularly the MHC review process under M.G.L. c. 9, § 27C and local historic district bylaws, that provide the enforceable legal protections against adverse actions.

The Massachusetts Historical Commission (MHC) is the state historic preservation office responsible for administering federal and state historic preservation programs in Massachusetts. Under Chapter 184 of the Massachusetts General Laws, specifically Section 40, the MHC is empowered to review proposed projects that may affect historic properties. This review process is triggered by the filing of a Notice of Intent to a state agency or a local historical commission. The MHC’s role is to provide comments and recommendations to the project proponent and the permitting authority regarding the potential impact on historic resources. The MHC does not issue permits directly but advises on mitigation strategies and alternatives to avoid or minimize adverse effects. The focus of the MHC’s review is on properties listed or eligible for listing in the Massachusetts Historical Commission’s Inventory of Historic and Archaeological Assets of the Commonwealth, or properties located within designated historic districts. The MHC’s authority is primarily advisory and consultative in nature, aiming to integrate historic preservation considerations into the planning and review of projects that could impact cultural heritage.

The Massachusetts Historical Commission (MHC) is the state agency responsible for administering federal and state historic preservation programs. Under Chapter 184, Section 55 of the Massachusetts General Laws, the MHC has the authority to review projects that may affect historic resources. Specifically, if a project involves the demolition or substantial alteration of a building or structure that is at least fifty years old and has historical or architectural significance, or is located within a historic district, the MHC must be notified. The process typically involves the submission of a Project Notification Form (PNF). If the MHC determines that the property is significant, it can issue a Certificate of Appropriateness or a Certificate of Non-Applicability. In cases where a property is deemed significant and the MHC determines that demolition or substantial alteration would be detrimental to the historical or architectural integrity of the Commonwealth, the MHC can issue a Certificate of disapproval. This disapproval is not an absolute prohibition but rather a finding that the proposed action would have an adverse effect on a significant historic resource. The ultimate decision regarding the project often involves further negotiation, mitigation, or a formal review process that may include public hearings. The MHC’s role is to provide guidance and ensure that the Commonwealth’s heritage is preserved. The law aims to balance development needs with the imperative to protect historically and architecturally important sites.

The Massachusetts Historical Commission (MHC) oversees the state’s historic preservation program. Under M.G.L. c. 9, § 26C, the MHC is mandated to identify, evaluate, and protect historic resources. When a proposed project, such as the construction of a new commercial development in a historically significant district like Beacon Hill in Boston, Massachusetts, has the potential to affect historic properties, a review process is triggered. This review is often conducted under the Massachusetts Environmental Policy Act (MEPA) framework, which requires consideration of environmental impacts, including those on cultural and historical resources. The MHC’s role is to provide expert advice and recommendations to the Secretary of Energy and Environmental Affairs and the relevant permitting agencies. If a project is deemed to have an adverse effect on a property listed on or eligible for the State Register of Historic Places, mitigation measures are typically required. These measures can include, but are not limited to, documentation, salvage of architectural elements, or modifications to the project design to minimize impact. The MHC’s review is consultative; while their recommendations carry significant weight, the final decision on project approval and mitigation rests with the permitting agencies, informed by the MHC’s findings and public input. The process emphasizes a balance between development needs and the preservation of the Commonwealth’s irreplaceable cultural heritage.

The scenario involves a privately owned historic mill in Lowell, Massachusetts, which is listed on the National Register of Historic Places. The owner proposes alterations that would significantly impact the building’s historic fabric and character-defining features. Massachusetts General Laws Chapter 9, Section 26C, establishes the Massachusetts Historical Commission (MHC) and grants it oversight concerning historic properties. Specifically, MGL c. 9, § 26C, mandates that any proposed demolition, alteration, or rehabilitation of a property listed on the State Register of Historic Places or designated as a National Historic Landmark requires review by the MHC. The purpose of this review is to ensure that such actions are undertaken in a manner that respects and preserves the historical integrity of the property. The process typically involves the submission of detailed plans and specifications to the MHC for evaluation against established preservation standards, such as the Secretary of the Interior’s Standards for Rehabilitation. If the MHC finds that the proposed work would adversely affect the historic character, it can recommend modifications or deny approval, although its authority in this matter is advisory for privately owned properties unless federal funding or permits are involved, or if the property is subject to specific local historic district bylaws or preservation restrictions. However, the MHC’s role in providing guidance and ensuring compliance with preservation principles is central to its mission. The question asks about the appropriate body to consult regarding the proposed alterations. Given the property’s listing on the National Register and its location in Massachusetts, the Massachusetts Historical Commission is the primary state agency responsible for historic preservation and would be the appropriate entity to consult.

The Massachusetts Historical Commission (MHC) plays a pivotal role in administering various state and federal cultural heritage laws within the Commonwealth. A key aspect of its authority involves the review of projects that may impact historic properties. Massachusetts General Laws Chapter 9, Section 26, and Chapter 90, Section 7, along with the regulations promulgated thereunder (350 CMR 5.00), outline the process for such reviews. Specifically, 350 CMR 5.00, the “Protection of Historic and Archaeological Assets Before Construction,” establishes the procedures for project review by the MHC. This regulation mandates that state agencies and political subdivisions of the Commonwealth must notify the MHC of proposed projects that may affect historic or archaeological assets. The MHC then reviews these projects to determine if they are likely to cause an “adverse effect” on such assets. An adverse effect is defined broadly to include not only the destruction or alteration of a historic property but also its visual or physical isolation, neglect, or the introduction of elements that are out of harmony with its character. The determination of whether a project constitutes an adverse effect is a factual one, based on the specific circumstances and the nature of the proposed undertaking. The MHC’s review process is designed to facilitate the preservation and protection of Massachusetts’s rich cultural heritage by ensuring that development proceeds in a manner that is sensitive to its historical context. The MHC’s role is advisory in many instances, but its findings carry significant weight in project planning and approval.

The Massachusetts Historical Commission (MHC) plays a pivotal role in administering various cultural heritage laws within the Commonwealth. One key piece of legislation is the Massachusetts Endangered Species Act (MESA), M.G.L. c. 131, § 40, which, while primarily focused on biological resources, has significant implications for archaeological sites and historic structures that may be impacted by state or municipal projects. When a project requires an environmental review under the Massachusetts Environmental Policy Act (MEPA), M.G.L. c. 30, §§ 61-62H, and has the potential to affect a significant historic or archaeological resource, the MHC is typically consulted. The MHC’s role involves reviewing project proposals to determine if they pose an adverse effect on historic or archaeological resources. If an adverse effect is identified, the MHC may recommend mitigation measures. The MHC’s authority to require specific actions, such as archaeological surveys, data recovery, or preservation plans, stems from its statutory mandate and its role as the state historic preservation office. In this scenario, the MHC’s consultation process is initiated because the proposed development in Concord, Massachusetts, may impact a site with documented colonial-era artifacts, which are considered significant historical resources under state law. The MHC’s review process is designed to ensure that such impacts are avoided, minimized, or mitigated through appropriate preservation strategies, aligning with the broader goals of cultural resource management in Massachusetts.

The Massachusetts Historical Commission (MHC) oversees the review process for projects impacting historic resources. When a project is proposed that might affect a property listed or eligible for listing on the State Register of Historic Places, a Section 106 review, or its state equivalent under M.G.L. c. 9, § 27C, is triggered. This review involves identifying potential effects and, if adverse effects are found, developing mitigation measures. The MHC, in consultation with the project proponent and potentially other stakeholders like the State Historic Preservation Officer (SHPO) or the Advisory Council on Historic Preservation (ACHP) for federal undertakings, determines the adequacy of these measures. The goal is to avoid, minimize, or mitigate adverse impacts to historic properties. The MHC’s role is advisory to federal agencies for federal undertakings, but it has direct authority over state and local projects under state law. The process requires careful consideration of the nature of the historic property, the scope of the undertaking, and the potential for harm. The MHC’s guidance and regulations, particularly 950 CMR 71.00, outline the procedures for this review. The key is to balance development needs with the preservation of Massachusetts’ rich historical and architectural heritage. The question asks about the MHC’s direct authority over state-funded projects, which stems from state statutes and the MHC’s regulatory powers, not from federal mandates like Section 106 alone, although federal review processes often inform state procedures. The MHC’s direct authority is to approve or disapprove mitigation plans for state-funded undertakings that impact historic resources, ensuring compliance with Massachusetts preservation law.

The Massachusetts Historical Commission (MHC) is the primary state agency responsible for the identification, evaluation, and protection of historical and archaeological resources in the Commonwealth. Under Massachusetts General Laws Chapter 9, Section 26, the MHC is mandated to undertake surveys and studies of historical and archaeological sites. When a proposed project, typically requiring state or local permits or funding, has the potential to affect historic or archaeological properties, the MHC plays a crucial role in the review process. This review is often triggered by the Massachusetts Environmental Policy Act (MEPA) or specific provisions within historic preservation statutes. The MHC’s involvement ensures that potential impacts on cultural heritage are assessed and mitigated according to state and federal standards, such as those outlined in the National Historic Preservation Act of 1966, which influences state-level practices. The agency provides technical assistance and guidance to project proponents, state agencies, and local historical commissions. Their recommendations can range from simple documentation to the implementation of avoidance or mitigation measures. The MHC’s authority extends to properties listed or eligible for listing on the Massachusetts Historical Register, which mirrors the National Register of Historic Places criteria. The process involves consultation and can lead to agreements on how to proceed with development while respecting cultural resources.

The scenario describes a property in Massachusetts that has been identified as potentially eligible for listing on the National Register of Historic Places due to its association with a significant 19th-century industrialist who played a pivotal role in the development of the textile industry in the Merrimack Valley. The Massachusetts Historical Commission (MHC) has received a proposal for a new commercial development that would necessitate the demolition of this structure. Under Massachusetts General Laws Chapter 9, Section 26C, and related administrative regulations (e.g., 950 CMR 71.00), state agencies and political subdivisions proposing to undertake or license undertakings that may affect historic properties must consult with the MHC. The MHC’s role is to assess the historical and architectural significance of the property and to advise on alternatives to demolition or mitigation measures. The law requires a good-faith effort to avoid or mitigate adverse effects on significant historic properties. This involves considering alternatives to demolition, such as rehabilitation, adaptive reuse, or incorporation of the historic structure into the new development. The MHC’s review process typically involves evaluating the property’s integrity (location, design, setting, materials, workmanship, feeling, association) and its significance in relation to local, state, or national history. If the MHC determines the property is significant, the agency or political subdivision must then seek to minimize harm. The core of the MHC’s advisory function is to facilitate a process that balances development needs with historic preservation goals, often through a memorandum of agreement if adverse effects cannot be fully avoided. Therefore, the MHC would initiate a formal review to assess the property’s significance and explore alternatives to demolition.

The scenario presented involves a property owner in Massachusetts seeking to demolish a structure that has been designated as a local landmark by a historical commission. Massachusetts General Laws Chapter 40, Section 8D, grants cities and towns the authority to establish historical commissions and to designate properties of historical significance. Once a property is designated as a landmark, the historical commission typically has oversight over any proposed alterations or demolition. The process usually involves the owner submitting a demolition permit application to the local building department, which then forwards it to the historical commission for review. The commission is empowered to review the application and may impose conditions or deny the permit if it finds that the demolition would be detrimental to the historical character of the area or the landmark itself. The law aims to balance property rights with the preservation of cultural heritage. Therefore, the owner cannot proceed with demolition simply by notifying the building department; they must obtain approval from the historical commission, which may involve a waiting period and a public hearing to allow for consideration of alternatives or mitigation efforts.