16 Miss. Code. R. 3-12.2.2

Current through December 10, 2024
Rule 16-3-12.2.2 - Assessing Effects non- FCC Projects

Direct Effects

The applicant shall assess the direct effect of the undertaking on historic properties, both architectural and archaeological, using the Criteria of Adverse Effect (36 CFR Part 800.5(a)(1)). Assessment of effect must be made by a qualified professional and submitted to the MSSHPO.

Indirect Effects

If an identified historic property is located within the APE for indirect effects, then a qualified professional is required to assess the effect of the proposed tower. In most cases, the MSSHPO requires that the applicant conduct a balloon test or computer simulation to assess the potential visual effects of the tower installation on historic properties. Documentation must include a statement of effect, explanation of assessment, photographs of the balloon test or photo simulation, and any alternatives considered to avoid, minimize, or mitigate adverse effects. Submit all documentation to the MSSHPO. To cut down on requests for additional information and overall review times, the MSSHPO strongly encourages applicants to assess the effect of the tower on all surveyed properties in the APE, including those that have not been formally evaluated for National register eligibility. If you choose to only evaluate effects on listed and eligible properties, you may receive a request for additional information from the MSSHPO asking you to conduct another balloon text to evaluate the effect on a property that the MSSHPO considers potentially eligible for listing. The NPA affords the SHPO the right to request this information.

Some examples of indirect effects can include projects such as water channel improvements or recreational areas. Work on waterways such as dredging or bank stabilizations can increase erosion in other areas adjacent to project areas and outside of the immediate ROW. Another example of waterway work that can have an indirect effect are levee setbacks. Sites which are located along the protected side of a levee can lose that protection if the levee is moved ("setback") from its original location. This type of construction action can render sites which were formally protected from flooding into sites which will soon erode away due to abandonment. Recreational area projects such as trails, day-use areas, or campgrounds can also have indirect effects by providing access to sites which are not in the immediate ROW.

16 Miss. Code. R. 3-12.2.2

Adopted 4/8/2020