Historic Preservation Requirements in Pennsylvania Construction
Pennsylvania's built environment includes thousands of structures listed on state and federal historic registers, and construction activity touching those properties triggers a distinct set of regulatory obligations that differ substantially from standard building permits. This page covers the primary frameworks governing historic preservation in Pennsylvania construction — including federal Section 106 review, the Pennsylvania Historic Preservation Office process, local historic district ordinances, and the Secretary of the Interior's Standards for Rehabilitation. Understanding these requirements is essential for contractors, developers, and property owners before breaking ground on or adjacent to a designated historic resource.
Definition and scope
Historic preservation requirements in Pennsylvania construction apply to physical work on properties that hold a formal designation under one or more of three overlapping frameworks: the National Register of Historic Places (administered federally by the National Park Service), the Pennsylvania State Register of Historic Places (administered by the Pennsylvania State Historic Preservation Office, or PHPO, within the Pennsylvania Historical and Museum Commission), and locally designated historic districts or landmarks established through municipal ordinance.
Designation alone does not prohibit construction or alteration, but it activates review procedures, design standards, and — in some scenarios — legal approval requirements. The scope of restrictions depends heavily on which designation applies, whether the project involves public funding or federal permits, and whether the property sits within a local historic district with its own enforcement mechanism.
Scope limitations: This page addresses Pennsylvania-specific regulations and the federal overlay that applies within Pennsylvania. It does not cover historic preservation law in other states, federal properties managed exclusively by agencies such as the National Park Service or the U.S. Army Corps of Engineers (though those agencies may trigger consultation), or purely private transactions involving undesignated properties. Local historic district rules vary by municipality and are not comprehensively catalogued here. For permitting concepts applicable to non-historic commercial projects, see Pennsylvania Construction Permits Overview and Pennsylvania Building Codes.
How it works
The regulatory mechanism operates across three principal layers, each with distinct triggers and consequences.
Layer 1 — Federal Section 106 Review
Section 106 of the National Historic Preservation Act of 1966 (54 U.S.C. § 306108) requires federal agencies to consider the effects of federally licensed, funded, or permitted undertakings on properties listed in or eligible for the National Register. In Pennsylvania construction, this is triggered when a project involves a federal grant (including HUD or FHWA funds), a federal permit (such as a Section 404 wetlands permit from the Army Corps), or work on federal land. The reviewing federal agency consults with the PHPO and, if adverse effects are found, must resolve them through a Memorandum of Agreement before proceeding. This process is coordinated through the Advisory Council on Historic Preservation.
Layer 2 — Pennsylvania State Process
The PHPO reviews projects that use Pennsylvania state funding, state tax credits (including the Pennsylvania Historic Preservation Tax Credit program under Act 13 of 2012), or state permits with a historic nexus. The PHPO applies the Secretary of the Interior's Standards for the Treatment of Historic Properties, which define four treatment approaches: Preservation, Rehabilitation, Restoration, and Reconstruction. Rehabilitation is the most commonly applied standard in construction projects, permitting new uses while retaining historic character-defining features.
Layer 3 — Local Historic District Review
Municipalities in Pennsylvania may establish historic districts under the Pennsylvania Municipalities Planning Code (53 P.S. § 10101 et seq.) or standalone historic district ordinances. Local Historical and Architectural Review Boards (HARBs) or Historic Commissions issue Certificates of Appropriateness (COAs) for exterior alterations, new construction, and demolition within designated districts. Without a COA, local building permits may not be issued. Philadelphia and Pittsburgh maintain particularly active local review bodies; for city-specific construction context, see Philadelphia Construction Landscape and Pittsburgh Construction Landscape.
Common scenarios
The following numbered breakdown identifies the most frequently encountered situations in Pennsylvania historic construction practice:
- Rehabilitation for adaptive reuse — Converting a historic factory or school to residential or commercial use. Triggers PHPO review if state or federal tax credits are sought; requires adherence to the Secretary of the Interior's Rehabilitation Standards to qualify for the 20% federal Historic Tax Credit or Pennsylvania's state credit.
- Exterior alterations within a local historic district — Replacing windows, doors, roofing materials, or adding signage. Requires a COA from the local HARB or Historic Commission before a building permit issues under Pennsylvania UCC.
- Ground-disturbing work near a historic site — Excavation, grading, or utility installation adjacent to or beneath a listed property. May trigger Section 106 if federal permits are involved and can require archaeological survey. See Pennsylvania Excavation and Grading Regulations for broader context.
- Demolition of a contributing structure — Demolition within a local historic district typically requires heightened review, a separate COA for demolition, and in some municipalities a mandatory delay period. State and federal designations do not automatically prohibit demolition of privately owned property but can affect eligibility for tax credits and grants.
- New construction in a historic district — Infill construction must meet local compatibility standards (scale, massing, materials) even though the new structure itself is not historic. The Secretary of the Interior's Standards for new construction in historic contexts guide PHPO review.
Decision boundaries
Understanding which framework applies — and when multiple frameworks stack — determines both the review path and the design constraints.
| Scenario | Federal Section 106 | PHPO State Review | Local HARB/COA |
|---|---|---|---|
| Private funds, no federal permit, outside local district | No | No | No |
| Private funds, within local historic district | No | No | Yes |
| State tax credit application | No | Yes | Possibly |
| Federal funding or federal permit involved | Yes | Yes (coordinated) | Possibly |
| Federal funding + local historic district | Yes | Yes | Yes |
Rehabilitation vs. Restoration: These two Secretary of the Interior treatment categories are frequently confused. Rehabilitation acknowledges that the property may develop a new or altered use while retaining historic materials and features; it accommodates the greatest flexibility in construction detailing. Restoration, by contrast, returns a property to its appearance at a specific historical period, removing features from other periods. Most income-producing tax credit projects use Rehabilitation standards because they permit modern systems and accessibility upgrades without disqualifying the project.
Eligibility vs. Listing: A property does not need to be formally listed on the National Register to trigger Section 106 review — it need only be determined eligible for listing. PHPO makes eligibility determinations, and federal agencies must treat eligible properties the same as listed ones under 36 CFR Part 800 (Advisory Council on Historic Preservation regulations).
Safety and hazardous materials intersection: Historic rehabilitation projects frequently encounter asbestos-containing materials and lead paint in pre-1978 structures. Pennsylvania Department of Environmental Protection and EPA regulations govern abatement regardless of historic status; historic designation does not exempt a project from those requirements. See Pennsylvania Asbestos Abatement Construction and Pennsylvania Lead Paint Construction Regulations for the applicable compliance frameworks. Structural safety requirements under the Pennsylvania UCC apply to historic buildings undergoing construction, though the code includes provisions for alternative compliance pathways for historic structures under Chapter 12 of the International Existing Building Code as adopted in Pennsylvania.
References
- Pennsylvania State Historic Preservation Office (PHPO) — Pennsylvania Historical and Museum Commission
- National Register of Historic Places — National Park Service
- Secretary of the Interior's Standards for the Treatment of Historic Properties — National Park Service
- Advisory Council on Historic Preservation — 36 CFR Part 800 Regulations
- National Historic Preservation Act, 54 U.S.C. § 306108 — U.S. House Office of the Law Revision Counsel
- Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 — Pennsylvania General Assembly
- Advisory Council on Historic Preservation