What decisions can the SHPO make on a proposed project?
Legally, he has only two options. He may determine that the project as proposed will have no adverse effects on the historic property and clear it, or he may determine that it will “encroach upon, damage, or destroy…” the historic property or its environs. Unofficially, prior to the SHPO’s rendering of the second opinion, HPO staff will try to work with the project sponsor to make adjustments in the project that will avoid adverse effects to historic properties and alter the project so that it may be approved. If changes cannot be made, the SHPO may then formally send a letter to the project sponsor in which he “determines that such proposed project will encroach upon, damage, or destroy…” an historic property.
