Exemption Regarding Historic Preservation Review Process for Undertakings Involving Electric Vehicle Supply Equipment

The Advisory Council on Historic Preservation (ACHP) approved an exemption that would relieve federal agencies from review requirements under the National Historic Preservation Act regarding the effects on historic properties of the installation, maintenance, repair, or expansion of electric vehicle supply equipment (EVSE) and charging stations.

I Exemption From Section 106 Requirements:

Except as noted in Section II, all federal agencies are exempt from the Section 106 requirements of taking into account the effects of the installation, maintenance, repair, or expansion of EVSE and Level 1, 2, or 3 charging stations, provided these: (1) take place in existing parking facilities with no major electrical infrastructure modifications and are located as close to an existing electrical service panel as practicable; (2) use reversible, minimally invasive, non-permanent techniques to affix the infrastructure; (3) minimize ground disturbance to the maximum extent possible, and ensure that it does not exceed previous levels of documented ground disturbance; (4) use the lowest profile EVSE reasonably available that provides the necessary charging capacity; (5) place the EVSE in a minimally visibly intrusive area; and (6) use colors complementary to surrounding environment, where possible. Each federal agency remains responsible for considering the effects of components of its undertakings not subject to this exemption on historic properties, in accordance with subpart B of the Section 106 regulations or according to an applicable program alternative pursuant to 36 CFR 800.14.

II Application on Tribal Lands: 

This exemption shall not apply on Tribal Lands, or to activities that may affect historic properties located on Tribal Lands, unless the Tribal Historic Preservation Officer, Tribe, or a designated representative of the Tribe has provided prior written notification to the ACHP that it agrees with the use of the exemption on its lands. Indian Tribes can agree to such use of the exemption by completing a and submitting it to the ACHP. The form is provided as an attachment to the ACHP Federal Register notice.