Section 106 in Virginia: Data and Success Stories
Proposed changes to Section 106 of the National Historic Preservation Act is based on the assumption, lacking tangible data, that Section 106 review causes undue delays in project implementation and is unnecessarily burdensome. Despite a high volume of work with only a staff of 7 reviewers, DHR’s data suggests that for a large majority of projects in Virginia, the review concludes efficiently with often no or minimal changes to the project.
By Samantha Henderson | Director of DHR's Review and Compliance Division
The following data applies to the period from January 1, 2021, through December 31, 2026.
Number of Projects: 9889
Total Review Requests: Over 19000
DHR's Average Response Time: 21.4 Days
~85% of projects concluded the full review process in under 30 days
~Only 6% of projects took longer than 90 days to complete review—primarily projects causing adverse effects or projects for which survey was necessary
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SECTION 106 SUCCESS STORIES
Stuart Gardens, Newport News
The United States Department of Housing and Urban Development (HUD) consulted DHR under Section 106 for the refinancing and renovation of a garden apartment complex, Stuart Gardens. DHR’s research revealed that the complex was constructed in 1941 by the Defense Homes Corporation, a component of the National Housing Agency which was tasked with providing housing for defense workers, and designed by Washington, D.C., architect William N. Denton, Jr. The conclusion of the Section 106 review was simple. As a result of DHR’s recommendation that the apartment complex was potentially eligible for the National Register (NRHP), the owners of the complex pursued listing of the complex in the NRHP and the renovations qualified for State and Federal Rehabilitation Tax Credits, leveraging additional funds to support the revitalization of this historically significant affordable housing in the community.
Capital 95 Logistics Project and Site 44ST1148, Stafford County
When the U.S. Army Corps of Engineers (Corps) consulted with DHR and Federally and State recognized Tribes in Virginia regarding the potential effects of the issuance of a Clean Water Act permit for this project, consulting parties raised concerns about the sufficiency of the identification of historic properties and assessment of effect provided by the Corps. The archaeological survey conducted undervalued the significance of the prehistoric site that would be destroyed by the construction. Through consultation, additional archaeological testing revealed that the site contained an Archaic and Woodland period village that was determined eligible for listing in the NRHP. The Section 106 review process does not obligate a project to avoid adverse effects. Mitigation included extensive archaeological data recovery that uncovered artifacts and features reflecting thousands of years of occupation by Indian Tribes, including extremely rare Paleoindian artifacts. Without the Section 106 review process, this site would have gone unidentified, untested, and the information recovered about Virginia’s past lost. The review also allowed the Rappahannock Indian Tribe and the Patawomeck Indian Tribe, to excavate the artifacts of their ancestors alongside archaeologists.
C. Bascom Slemp/Big Stone Gap Federal Courthouse, Wise County
In 2024 DHR reviewed, under Section 106, a property disposition from the U.S. General Services Administration (GSA) for the C. Bascom Slemp Federal Building, which is listed in the NRHP. The property was conveyed out of federal ownership to the Town of Big Stone Gap. The Section 106 review ensures that the State Historic Preservation Office, the public, and other interested parties can inform the disposition process and that mechanisms are placed to ensure that the property is maintained in manner consistent with its historic significance. In August 2026, the Town took over the old federal courthouse building nearly 3 years after it closed and is looking at funding opportunities including grants, tax credits, and low-interest loans to adaptively reuse the historic Courthouse.
Virginia Creeper Trail Restoration, Washington and Grayson Counties
In September 2024, Hurricane Helene inflicted extensive damage on the Virginia Creeper Trail, an NRHP-eligible historic rail converted to a popular hiking and biking trail. Since 2024, DHR has been working collaboratively with multiple Federal Agencies for undertakings associated with the repairs to the Trails, including Federal Emergency Management Agency (FEMA), Federal Highway Administration (FHWA), and the U.S. Forest Service. In order to secure funding, DHR expedited the execution of a conditional no adverse effect determination for the Forest Service project to repair trestles within Forest Service property and DHR continues to provide guidance on the repairs to historic wooden rail trestles. DHR has reviewed multiple projects associated with this economically and historically important trail to advise Federal Agencies on repairs to historic features of the trail that balance historic preservation with the need to construct a trail that is resilient to future storms.
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