National Register of Historic Places

The National Register of Historic Places is the official federal list of districts, sites, buildings, structures, and objects deemed worthy of preservation for their significance in American history, architecture, archaeology, engineering, or culture. Maintained by the Secretary of the Interior through the National Park Service, the Register now includes over 97,000 listings covering more than 1.8 million individual resources. Listing provides recognition, limited regulatory protection from federal actions, and eligibility for preservation tax incentives.

Current Law (2026)

Parameter	Value
Maintained by	Secretary of the Interior (National Park Service)
Current listings	~97,000+ (districts, sites, buildings, structures, objects)
Nomination process	Typically through State Historic Preservation Officers
National Historic Landmarks	Highest designation — nationally significant properties
Owner consent	Required — owners can object to prevent listing
Threat review	Secretary reviews significant threats at least every 4 years
Federal protection	Section 106 review required before federal actions affecting listed properties

Legal Authority

54 U.S.C. § 302101 — Maintenance (authorizes the Secretary to expand and maintain the National Register, composed of districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, engineering, and culture)
54 U.S.C. § 302102 — Inclusion of properties (properties meeting National Historic Landmark criteria shall be designated as Landmarks and included on the Register)
54 U.S.C. § 302103 — Criteria and regulations (directs the Secretary to establish listing criteria and National Historic Landmark criteria in consultation with historical and archaeological associations)
54 U.S.C. § 302104 — Nominations (states with approved historic preservation programs nominate properties to the Secretary for inclusion; federal agencies may also nominate federal properties)
54 U.S.C. § 302105 — Owner participation (the Secretary must give property owners opportunity to concur in or object to listing; for individually owned properties, owner objection prevents listing; for districts, a majority of owners must object to prevent listing)
54 U.S.C. § 302106 — Retention of name (historic buildings and structures on or eligible for the Register retain their historic names, notwithstanding trademark law)
54 U.S.C. § 302108 — Review of threats (at least every 4 years, the Secretary must review significant threats to historic property, identify threatened property types, and take steps to ensure threatened properties are documented and recorded)

How It Works

The National Register operates as a layered recognition and protection system. At its core is a nomination process that flows through State Historic Preservation Officers (SHPOs). When a property is identified as potentially significant, the SHPO evaluates it against the Secretary's criteria and, if warranted, nominates it for listing. Properties must be significant in at least one of five areas: history, architecture, archaeology, engineering, or culture. They must also generally be at least 50 years old, though exceptions exist for exceptionally significant younger properties.

Owner consent is a critical feature. The law explicitly requires that property owners have the opportunity to participate in the nomination process. For individually owned properties, an owner's objection prevents listing. For historic districts (which often contain hundreds of individual properties), a majority of owners within the district must object to prevent the district listing. This consent requirement balances preservation goals with property rights.

The National Historic Landmarks program designates properties of the highest national significance — places that possess exceptional value in illustrating or interpreting the heritage of the United States. Landmarks are automatically included on the National Register but represent a much smaller and more selective group. Landmark designation brings additional attention and priority for preservation assistance.

The Register's most important practical effect comes through Section 106 of the National Historic Preservation Act. Before any federal agency undertakes, assists, or permits an action that could affect a property listed on (or eligible for) the National Register — a requirement that intersects with NEPA environmental review — it must consult with the Advisory Council on Historic Preservation and give the Council an opportunity to comment. This doesn't prohibit the federal action, but it ensures historic impacts are considered in the decision-making process — a "look before you leap" requirement.

Every four years, the Secretary must review significant threats to historic property nationwide, identify the types of properties most at risk, and take steps to ensure threatened properties are properly documented. This systematic review ensures the preservation system isn't simply reactive but proactively identifies emerging threats — whether from development pressure, natural disasters, climate change, or neglect.

How It Affects You

If you own a property that's listed on — or eligible for — the National Register: Listing is honorific and non-restrictive for private actions using private funds. You can renovate, alter, or even demolish a National Register-listed property with your own money — the federal government has no authority to stop you. The restrictions only kick in when federal involvement is present: if your project requires a federal permit (Army Corps Section 404, FCC license, FHWA approval), uses federal grants or loans, or involves a federal agency, Section 106 of the National Historic Preservation Act requires consultation with the Advisory Council on Historic Preservation. Section 106 doesn't prohibit the action, but it requires the agency to consider effects and give preservation interests a seat at the table. The practical benefit of listing: your property is eligible for the 20% federal Historic Tax Credit (26 U.S.C. § 47) for certified rehabilitations of income-producing properties — a dollar-for-dollar credit against federal income tax equal to 20% of qualified rehabilitation expenditures. This credit requires NPS certification that the rehabilitation meets the Secretary's Standards for Rehabilitation. Apply through your State Historic Preservation Officer (SHPO) for Part 1 (historic character) and Part 2 (rehabilitation plans) approvals before construction begins.

If you're developing a project near or affecting a listed property: Section 106 is triggered whenever a federal agency undertakes, assists, funds, or permits an action that may affect a property listed on (or eligible for) the National Register. The consultation process — managed by the Advisory Council on Historic Preservation (achp.gov) — typically runs 30-120 days depending on complexity. If the agency finds an "adverse effect" (physical damage, visual intrusion, change of setting that diminishes integrity), it must negotiate a Memorandum of Agreement (MOA) with the SHPO and ACHP specifying mitigation: documentation, preservation easements, design modifications, or archaeological data recovery. Section 106 doesn't automatically kill projects, but it adds review steps and can require costly design changes when historic properties are in the path of development. Include Section 106 review in your permitting timeline from the outset — discovering it late is expensive. Your SHPO is the first point of contact for scoping consultation requirements; find yours at ncshpo.org/find-state-historic-preservation-office.

If you're a real estate investor rehabilitating older buildings: The 20% federal Historic Tax Credit combined with state historic tax credits (available in approximately 35 states) can dramatically improve the economics of rehabilitating older urban buildings. The federal 20% credit applies to qualified rehabilitation expenditures on certified historic structures — the credit is claimed over five years (4% per year) and reduces your federal income tax directly, dollar-for-dollar. For a $5 million rehabilitation, that's a $1 million federal tax credit. Most states offer additional credits of 10-25%, stacked on top of the federal credit. These credits are commonly syndicated to investors through tax credit equity funds when the property owner lacks sufficient tax liability. The transaction requires NPS certification (Parts 1, 2, and 3) through your SHPO — budget 6-12 months for NPS certification review and do not start construction before Part 2 (rehabilitation plans) is approved. The National Trust for Historic Preservation's HTC resource page at savingplaces.org/learn/funding/historic-tax-credits and the National Park Service's Tax Incentives page at nps.gov/tps/tax-incentives.htm are the definitive resources.

If you work in local government, historic preservation, or community development: The National Register nomination process is your primary tool for documenting and recognizing significant historic resources — and it produces value even when the property itself faces threats. A documented nomination creates a permanent record of significance that survives demolition and can inform future preservation planning. Section 106 consultation rights extend to SHPOs, Tribal Historic Preservation Officers (THPOs), and local governments when federal actions affect historic properties in their jurisdictions — you have a right to be a consulting party. Beyond individual properties, historic district nominations can revitalize entire neighborhoods through the historic tax credit economics they unlock: a certified historic district makes all contributing properties eligible for the 20% federal credit, dramatically expanding the pool of investable properties. The National Conference of State Historic Preservation Officers (ncshpo.org) and the National Trust for Historic Preservation (savingplaces.org) provide training, advocacy resources, and technical guidance for preservation practitioners.

Section 106 review of projects affecting listed properties is conducted by the Advisory Council on Historic Preservation, which provides recommendations on how to avoid, minimize, or mitigate adverse effects.

State Variations

The National Register is a federal program, but implementation is deeply intertwined with state systems:

Each state has a State Historic Preservation Officer (SHPO) who manages the nomination process
Many states offer their own state registers of historic places, sometimes with additional protections
State historic preservation tax credits supplement the federal 20% credit in roughly 35 states
Local historic preservation ordinances may impose design review and demolition restrictions independent of the National Register
Tribal Historic Preservation Officers (THPOs) serve a parallel role for tribal lands

Implementing Regulations

36 CFR Part 60 — National Register of Historic Places: the NPS regulations governing the nomination process, listing criteria, property owner rights, and removal procedures for the National Register. Part 60 operationalizes the Secretary of the Interior's authority to maintain the Register:
- § 60.2 — Effects of listing under federal law: listing in the National Register serves as the eligibility trigger for federal preservation programs — most importantly, the federal historic tax credit (IRC § 47) and the Section 106 consultation requirement; listed properties (and properties "eligible for listing" even if not yet nominated) are subject to Section 106 review when federal undertakings may affect them; listing does not restrict private actions using private funds
- § 60.4 — Criteria for evaluation: properties are evaluated against four criteria: (A) associated with events that have made a significant contribution to the broad patterns of history; (B) associated with the lives of significant persons; (C) embody the distinctive characteristics of a type, period, or method of construction, or represent the work of a master, or possess high artistic values, or represent a significant and distinguishable entity whose components may lack individual distinction; (D) have yielded, or may be likely to yield, information important in prehistory or history; a property must meet at least one criterion; ordinarily a property must be at least 50 years old unless it has achieved exceptional significance within the past 50 years (the "50-year rule" with exceptions for exceptional significance)
- § 60.6 — State nominations: the SHPO nominates eligible properties to the National Register; before nominating, the SHPO must notify the property owner and allow 30 days for the owner to concur or object; if the owner objects, the SHPO cannot nominate the property unless it involves a district; if a majority of private property owners within a district object, the district cannot be listed; the owner objection mechanism is one of the National Register's most important features — it prevents listing against an owner's explicit wishes
- § 60.9 — Federal agency nominations: federal agencies nominate properties under their ownership or control; federal agencies must coordinate with the SHPO in whose jurisdiction the property is located; federal nominations are not subject to owner objection because the federal agency is itself the owner
- § 60.12 — Nomination appeals: any person or local government may appeal to the Keeper of the National Register (the NPS official responsible for maintaining the Register) the failure or refusal of a SHPO or Federal Preservation Officer to nominate a property; the appeal process allows preservation advocates to challenge SHPO decisions not to nominate significant properties; the Keeper may direct a nomination to be prepared if the property clearly meets the criteria
- § 60.15 — Removal from the National Register: a property is removed from the Register if: it no longer meets the criteria; new information shows it never met the criteria; it has been lost to destruction; its significance was misrepresented in the nomination; or the owner's subsequent objection (after listing) results in a Determination of Eligibility rather than formal listing; removal is relatively rare but occurs when major alterations destroy the integrity of a listed property
The nomination process typically takes 1-3 years from initial research to formal listing — longer for complex multi-property nominations or nominated properties with contested significance. The SHPO is the central professional evaluation authority; NPS reviews SHPO-prepared nominations and formally lists them. Properties not yet formally nominated but found eligible during Section 106 review receive essentially the same protections as listed properties — they trigger Section 106 consultation and are eligible for tax credits (after a separate "determination of eligibility" process through NPS). The 97,000+ listings on the National Register represent over 1.8 million individual historic resources, from individual buildings to large rural historic districts covering hundreds of square miles. Recent rulemakings: 67 FR 69225 (November 2002) — revised nomination forms; 64 FR 27044 (May 1999) — coordination with Part 800 Section 106 procedural revisions.
36 CFR Part 63 — Determinations of eligibility for inclusion in the National Register
36 CFR Part 67 — Historic Preservation Certifications (rehabilitation tax incentive certifications)

Pending Legislation

HR 2046 (Rep. Sewell, D-AL) — Require congressional approval for sale of federally listed historic properties. Status: In committee.

Recent Developments

The National Register has increasingly addressed underrepresented heritage, including properties significant to African American, Latino, Asian American, Native American, and LGBTQ+ history. The Antiquities Act provides complementary protection for the most significant historic and scientific sites on federal land. Climate change is emerging as a significant threat to historic properties, particularly in coastal areas and fire-prone regions, prompting new approaches to documentation and resilience planning. The National Park Service administers the Register and the broader federal historic preservation program. The NPS has modernized the nomination process with digital submissions and expanded public access to Register documentation.