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 Application.

DOE Application - Online
DOE Application - Printable

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 the following City staff member to discuss next steps:

Eve Mergenthaler
Planner 1
434-455-3900
eve.mergenthaler@lynchburgva.gov