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    DOE Applications

    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).

    Do I need 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 Applicaiton. 

    Click here for a PDF of the DOE Application.

    What do I need to submit with my 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:

    Rehabilitation:

    • 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

    Demolition:

    • Photographs and documentation of structural condition
    • Site/Building plans for property once demolished

    New Construction:

    • 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.

    When will I know whether my project is determined to have 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 the DHR needs more information, City staff will contact you for the necessary materials and then forward it to the DHR. DHR will have another 30 days to make a determination, which City staff will then forward to you. 

    What do I do if my project is determined to have an Adverse Effect?

    Consulting parties (those potentially adversely affected) must be identified, notified, and be given the chance to respond. Feedback must be assessed and a resolution found per 36 CFR Part 800.5, 800.6, and 800.7. Please contact either of the following City staff members to discuss next steps:

    Victoria Glasgow, AICP Candidate
    Neighborhood Development Coordinator 
    434-455-3900
    victoria.glasgow@lynchburgva.gov

    Anne Leslie Nygaard, AICP
    Planner II
    434-455-3900
    anne.nygaard@lynchburgva.gov 

    Click here for a Powerpoint presentation on Section 106 Review. 

    Why do projects that require Section 106 Review?

    The preservation of historic buildings benefits communities and connects us to our heritage, enriching the quality of our lives in many tangible and intangible ways. Their preservation also provides demonstrable economic benefits.

    Through the federal and state rehabilitation tax credit programs, property owners are given substantial incentives for private investment in preservation, resulting in enormous advantages to the public. Both the federal and state tax credit programs are administered in Virginia through the Department of Historic Resources (DHR). Rehabilitation Tax Credits are dollar-for-dollar reductions in income tax liability for taxpayers who rehabilitate historic buildings. 

    State tax credits are available for owner-occupied, as well as income-producing buildings. If your property is income-producing, you may also be able to take advantage of federal tax credits. Additional information and assistance with tax-credit projects may be requested from DHR’s Richmond office. Please visit the DHR page for contact information: https://www.dhr.virginia.gov/about-dhr/regional-preservation-offices/