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Maryland Historical Trust

Cell Towers & Other FCC Projects

A white water tower with antennas, set against a cloudy sky, near a road and a red-brick building.

Under Section 106 of the National Historic Preservation Act and its regulations (36 CFR Part 800), the Federal Communications Commission (FCC) must consider how its projects — such as new towers and antenna collocations — may affect historic properties. 

The Maryland Historical Trust (MHT), as the State Historic Preservation Office (SHPO), plays a key role in this process for projects in Maryland. 

The FCC allows telecommunication project applicants and their consultants to gather information, complete studies, and start consultation, but the FCC is still legally responsible for meeting Section 106 requirements. 

To streamline the Section 106 process, the FCC developed two Nationwide Programmatic Agreements (NPAs): 

  • One for new tower construction, and
  • One for collocation of wireless antennas on existing structures. 

The guidance on this page is meant to help FCC applicants and consultants follow the NPAs when preparing Section 106 review submissions for projects in Maryland. It is meant to be used with, not instead of, the NPAs. 

For more information on the Section 106 process generally, visit our understanding project review page. 

FCC Nationwide Programmatic Agreements 

The FCC encourages applicants to use qualified historic preservation professionals to complete Section 106 work for FCC-licensed projects. 

As a starting point, FCC applicants and their consultants should carefully read both NPAs and understand their responsibilities: 

These agreements: 

  • Spell out when projects need review and when they are excluded.
  • Set standard procedures for identifying historic properties and assessing effects.
  • Describe how to consult with SHPOs (like MHT), Indian tribes, and other consulting parties.
  • Require use of standard forms and the FCC’s online E106 system. Note: this is a different online software from MHT’s e106 system. 

The collocation NPA was updated in 2016 and 2020 to address newer technologies with low potential to affect historic properties. 

Submission packets 

For each project (or “undertaking”), the NPAs require applicants to prepare a Submission Packet using: 

  • FCC Form 620 for new towers or FCC Form 621 for collocations
  • All required attachments  

Applicants must submit this packet to MHT and any consulting parties through the FCC E-106 online system. MHT reviews these filings and provides comments and concurrence only within FCC E-106. 

How to develop a submission packet

Follow the steps outlined below to develop a submission packet. These steps, while not exhaustive, follow the FCC’s NPAs and MHT expectations. 

1. Define Areas of Potential Effects 

This section explains how to define the Area of Potential Effects (APE) for your project, before you identify historic properties within those areas.  

Before identifying historic properties, applicants must define two APEs: 

APE for Direct Effects 

This is the area where the project may cause ground disturbance or physically alter buildings or structures. It includes: 

  • The tower or collocation site
  • Access roads
  • Support equipment areas
  • Utility connections 
APE for Visual Effects 

This is the surrounding area where the tower or antennas may be visible in a way that changes the setting of historic properties, if the setting is important to the historic character of the place. 

The NPAs establish standard visual APE distances based on height: 

  • 200 ft or less: ½ mile radius
  • >200 ft–<400 ft: ¾ mile radius
  • 400 ft or more: 1½ miles 
Alternate Visual APEs 

Applicants and MHT may agree to adjust the size of the visual APE based on topography and local conditions. For small cells and collocations, MHT often accepts a reduced visual APE no smaller than 750 feet, when appropriate. 

If using a reduced APE, the Submission Packet must include: 

  • A description of the reduced boundary
  • A justification
  • A map showing the APE 

Early email coordination with MHT is encouraged. 

2. Identify Historic Properties  

Once the APEs are defined, applicants must identify historic properties within each APE. The NPAs require different identification methods for Direct Effects and Visual Effects, which avoids redundant survey efforts. 

Within the APE for Direct Effects 

This area may require research using existing records held by MHT as well as field investigation. 

Architectural (buildings and structures) 

Applicants must: 

  • Identify any building or structure over 50 years old in the APE.
  • Provide a short memo or narrative evaluating its National Register eligibility or treat it as potentially eligible.
  • Use National Register criteria for the evaluation. 

Full Maryland Inventory of Historic Properties or Determination of Eligibility (DOE) forms are not required unless MHT specifically requests them. 

Evaluations should be completed by qualified historic preservation professionals. 

Archaeological resources 

A reasonable, good-faith effort is required to identify archaeological resources, but full surveys are not automatically needed.

Note: Archaeological site information in Medusa is only accessible to qualified archaeologists, who may request an archaeology user account. 

MHT generally does not require archaeological fieldwork unless: 

  • A previously recorded site is within the APE
  • The setting or history indicates high archaeological potential 

Applicants must include a brief statement that either: 

  • Explains why no archaeological survey is needed
  • Summarizes the results of limited field checks 

This short summary does not need to be a full Phase I report. 

If a site is identified then a full Phase I archaeological report must be prepared, attached to the FCC E-106 filing, and submitted following MHT’s Standards & Guidelines for Archaeological Investigations - PDF 3.57 MB. 

Within the APE for Visual Effects 

Identification in the visual APE is limited to research of existing records only – no fieldwork is required. 

Applicants should use MHT records (primarily Medusa) to identify: 

  • National Register-listed properties
  • Properties formally determined eligible
  • Properties being nominated
  • Properties previously found eligible through consensus between MHT and a federal agency (DOEs)
  • Properties in the Maryland Inventory that MHT has determined eligible
  • Properties under MHT easement 

Applicants must reference Maryland Inventory numbers for all historic properties identified, including those listed in the National Register. 

MHT also recommends checking local planning or historic district information for locally designated resources. 

3. Prepare the Submission Packet (FCC E-106) 

Once identification is complete: 

  • Use Form 620 - PDF (new towers) or Form 621 - PDF (collocations)
  • Include maps, photos, APE descriptions, identification results, and evaluations
  • Upload the full packet to FCC E-106 for MHT review 

Do not send hard copies or separate PDFs to MHT. 

MHT review and response 

MHT has 30 calendar days from notification in FCC E-106 to review and respond. 

Responses may include: 

  • Concurrence with findings of “no historic properties” as well as “no effect” or “no adverse effect” on historic properties
  • Request for more information
  • Comments explaining disagreement
  • Adverse effect concurrence and next steps for resolution 

These responses are explained more fully in MHT (SHPO) Review and Comment on FCC E-106 below. 

If MHT does not respond within 30 days to a complete submission, the applicant may proceed under the NPAs. 

MHT (SHPO) review & comment on FCC E-106 

MHT completes its review of FCC undertakings only through the FCC E-106 system. 

Applicants must: 

  • Submit the full Submission Packet (Form 620/621 and all attachments) in FCC E-106
  • Avoid sending separate hard copies or emailed PDFs of the same submission to MHT 

The Submission Packet must be accurate and complete. 

Applicants should: 

  • Follow the FCC instructions for Forms 620 and 621
  • Consult with local government and other consulting parties before filing, when possible 

Written comments from local government or consulting parties should be: 

  • Included with the initial FCC E-106 submission, or
  • Uploaded later to the same filing when received. 

MHT has 30 calendar days from the date FCC E-106 notifies MHT of a complete submission to review and respond. MHT will respond in one of the following ways through FCC E-106: 

  1. Concurrence with the applicant’s finding
    1. MHT agrees there are no historic properties, no historic properties affected, or no adverse effect.
    2. This ends Section 106 consultation for the project.
  2. Request for additional information
    1. If the Submission Packet is incomplete or unclear, MHT will explain what is needed in FCC E-106.
    2. The applicant must upload the requested information and update the filing.
  3. Disagreement with the effect determination
    1. If MHT disagrees with the applicant’s finding, MHT will request more information and explain which historic properties may be affected and how the criteria of adverse effect might apply.
    2. The applicant may revise its finding and update the FCC E-106 filing.
    3. If disagreement remains, the applicant must follow additional NPA procedures to resolve the issue.
  4. Adverse effect on historic properties
    1. If MHT agrees that there is an adverse effect, MHT and the applicant will first look for ways to avoid or reduce the effect, possibly allowing a conditional “no adverse effect” finding.
    2. If avoidance is not possible, MHT will work with the applicant under the NPA to resolve the adverse effect, usually by developing and signing a Memorandum of Agreement. 

MHT will work with applicants in good faith to resolve disagreements. If issues cannot be resolved with MHT, the applicant may refer the matter to the FCC and follow the NPA procedures. 

If MHT does not respond within 30 calendar days of receiving a completed Submission Packet in FCC E-106 by: 

  • Agreeing or disagreeing with the applicant’s finding
  • Requesting additional information 

After this, then the applicant may proceed under the NPAs and FCC E-106 process. 

It is important to note that for FCC projects in Maryland, applicants must use the FCC E-106 system for all Section 106 consultation, not MHT’s e106 system. MHT will enter FCC projects into its own internal database so that applicants can check review status using MHT’s online Compliance Log by searching with the FCC filing number as the Project Number. 

Useful resources 

Applicants can find more information and training from several sources: 

  • FCC resources: The FCC offers guidance on historic preservation for tower and antenna siting and the Tower Construction Notification System - PDF , in addition to the NPAs and FCC E-106 forms and resources detailed above.
  • MHT:  Use Medusa to research historic properties, National Register listings, easements, and archaeology records. Qualified professionals may request user accounts for access to sensitive archaeology data.
  • Section 106 process: The Advisory Council on Historic Preservation website offers plain-language explanations of the Section 106 process, training materials, and additional guidance on consultation.
  • Indian tribes:  Applicants are responsible for notifying federally recognized tribes about proposed towers using the FCC’s Tower Construction Notification System. See "Consulting with Indian tribes” on the Understanding the review process page to learn more about consulting with Indian tribes in Maryland.
  • Public participation and consulting parties: Applicants must notify the local government with land-use authority over the project site and make a good-faith effort to identify other consulting parties, such as local preservation offices, historic district commissions, Certified Local Governments, state and national heritage areas, and relevant organizations. Submittals should provide enough information—location maps, site photos, design plans, and basic information on potentially affected historic properties—to allow these parties to understand and comment on the project. To learn more, visit the Public participation in project review page.
  • Further Information: For questions or help with Section 106 submittals for FCC projects in Maryland, email [email protected]. 

Common questions 

Do small wireless facilities (5G “small cells”) need review? 

Yes, but the process is simplified. Small cell projects still require FCC and MHT review if they involve new ground disturbance or affect a historic property. 

Can I start work before review is complete? 

No. Construction cannot begin until the review process is finished and the FCC confirms compliance with Section 106. 

Why do I need to use FCC Form 620 or 621? 

These forms are required by federal rules. They guide applicants through the information needed to evaluate effects on historic properties, including maps, photos, APE boundaries, architectural descriptions, and archaeology reports.