Protection of Historic Resources

The Historic Preservation Office administers a variety of programs that offer protection for historic properties. The HPO consults with federal agencies under Section 106 of the National Historic Preservation Act for federally funded, liscensed or permitted projects. At the state level, the New Jersey Register of Historic Places Act requires that actions by state, county, or local governments, which may impact a property listed in the New Jersey Register of Historic Places, be reviewed and authorized through the HPO. The HPO also provides advice and comment for a number of permitting programs within the Department of Environmental Protection, including some permits required under the Land Use Regulation Program.

Throughout the United States, the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 470f (NHPA) requires federal agencies to take into account the effects of their undertakings on historic properties. This process is commonly referred to as "Section 106" review. The HPO consults with federal agencies in identifying historic properties and avoiding or minimizing any potential adverse effects from federally funded, licensed, or permitted projects in New Jersey. Section 106 is administered nationally by the Advisory Council on Historic Preservation (ACHP), which must be provided a reasonable opportunity to comment on such federal undertakings.

For an overview and in-depth guidance regarding Section 106, see the Section 106 Users Guide at the ACHP website, or follow the link below for additional information and examples of successful Section 106 consultation in New Jersey.

Review Procedures under the New Jersey Register of Historic Places Act

The review procedures under the New Jersey Register of Historic Places Act were established to ensure that properties listed in the New Jersey Register of Historic Places are protected from public actions by state, county, or local government entities.  Projects which may impact New Jersey Register listed properties must have prior written authorization from the Commissioner of the Department of Environmental Protection.  The HPO administers the review procedures with public input and serves as staff to the New Jersey Historic Sites Council.  Follow the link below for an overview of the review procedures under the New Jersey Register of Historic Places Act.

On December 7, 2004, Acting Governor Richard J. Codey signed bill A1930 into law, which enhances the protection of archaeological sites on state, county, and municipal lands.  The law makes it illegal to destroy, disturb, remove, sell, or receive archaeological artifacts from public property.  The law also establishes penalties for violations of the law.  These penalties include: fines; confiscation or forfeiture of vessels, vehicles, or equipment used in the commission of the activity; and additional monetary compensation to cover the remediation of the violation.  For more information about this law, see the final law. Click here to see the final law. (PDF Format).