How to Determine if a Project is Federal, State or Local | Wisconsin Historical Society

General Information

How to Determine if a Project is Federal, State or Local

The State Historic Preservation Officer’s review of projects is based on the level of government involvement in your project. Specific historic preservation laws apply depending on whether federal, state, or local government is involved in the project. The criteria below will help you determine which laws apply to the project.

Projects Subject to Federal Historic Preservation Laws

A project is subject to Federal historic preservation laws if a Federal Agency:

  • Owns the property involved in the project
  • Carries out the project on its own behalf
  • Provides funding (through grants, gifts, salaries, materials and labor) for the project
  • Requires a permit to carry out any aspect of the project (or the project in its entirety)
  • Requires authorization to carry out any aspect of the project (or the project in its entirety)

And:

  • The property affected is eligible for, or listed in, the National Register of Historic Places

Projects Subject to State Historic Preservation Laws

A project is subject to State historic preservation laws if a State Agency:

  • Owns the property
  • Carries out the project on its own behalf
  • Provides funding (through grants, gifts, salaries, materials and labor) for the project
  • Requires a permit to carry out any aspect of the project requires authorization to carry out any aspect of the project

And:

  • The property affected by the project is recorded in the Wisconsin Inventory of Historic Places — now referred to as the Wisconsin Historic Preservation Database (WHPD)
  • There is no Federal level of involvement in the project

Projects Subject to Local Historic Preservation Laws

 A project is subject to Local historic preservation laws if a Local unit of government (city, village, town, county):

  • Owns the property
  • Engages in long-range planning
  • Provides funding (through grants, gifts, salaries, materials and labor) for the project
  • Requires a permit to carry out any aspect of the project (or the project in its entirety)
  • Transfers or leases a property that it owns

And:

  • The property affected by the project is listed on the State Register or National Register of Historic Places   
  • There is no Federal or State level of involvement in the project

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Have Questions?

Contact Chip Brown by phone at 608-264-6573 or by email below:

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