Determination of Effect (DOE)
What is a DOE?
A Determination of Effect is required by federal law under Section 106 of the National Historic Preservation Act (NHPA). This section was included in the NHPA to protect historic sites from government projects, such as highways, that could destroy neighborhoods and communities through eminent domain.
Section 106 states that federal agencies need to take into account the effect of all their projects on designated historic or potentially historic properties. This means that any project that uses any amount of federal funding is reviewed by a State Historic Preservation Office (SHPO) and, in Lynchburg, a Certified Local Government (CLG) to ensure that the project does not have an adverse effect on historic properties. This application will be reviewed by the Virginia Department of Historic Resources (DHR) and the City of Lynchburg (your respective SPHO and CLG).
When to Submit a DOE Application
If you are completing a building rehabilitation project using funding that originates from the Department of Housing and Urban Development (HUD) or any other project that uses federal funds, whether through a non-profit or directly, you must fill out and submit the DOE Application.
What to Submit with a DOE Application
In addition to filling out the application found here, you must submit, but are not limited to, the following materials depending on the nature of your application:
- Material specification tear sheets and cost estimates
- Photographs and sketches where exterior work is being done
- Historic evidence for any restoration
- Site/Building plans for any exterior changes
- Photographs and documentation of structural condition
- Site/Building plans for property once demolished
- Site/Building plans of proposed construction and structures
- Photographs, maps, and drawings to explain the proposal
Applicants must also describe their proposed work in detail and fill out the Work Write-Up and Standards Checklist included in the application.
Project Determinations - No Effect, No Adverse Effect, or Adverse Effect
After City staff review your application, which typically takes a week depending on staff workload, the Virginia Department of Historic Resources (DHR) has 30 days to respond from when City staff submits your report. If DHR needs more information, City staff will contact you for the necessary materials and then forward it to DHR. DHR will have another 30 days to make a determination, which City staff will then forward to you.
If a Project Is Determined to Have an Adverse Effect
Consulting parties (those potentially adversely affected) must be identified, notified, and given the chance to respond. Feedback must be assessed and a resolution found per 36 CFR Part 800.5, 800.6, and 800.7.