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The Section 106 Process is further explained and defined in 36 CFR 800. Meeting four times a year, the Advisory Council on Historic Preservation consists of 23 members from both public and private sectors, with the chairman appointed by the president. [18] The council's role is to advise the President and Congress on historic preservation ...
While Section 106 does not mandate explicitly that any federal agency director accept the advice of the ACHP, their advice has a practical influence, especially given the statutory obligations of the NHPA that require federal agencies to "take into account the effect of the undertaking". [20] [21]
Section 106 may refer to: Section 106 of the Town and Country Planning Act 1990 (in the United Kingdom) Section 106 of the National Historic Preservation Act of 1966 ...
Section 106A has the effect that any modification or discharge of a s 106 Agreement must be agreed by deed between the parties and in accordance with s 106B. It creates the right to apply in a prescribed form to modify a s 106 agreement once five years has passed since the agreement, or such shorter period as secondary legislation may prescribe.
In England and Wales, such arrangements are negotiated between the developer and the local planning authority (LPA), and take place under the terms of Section 106 of the Town and Country Planning Act 1990. In Scotland the equivalent is a Section 75 planning obligation (Section 75 of the Town and Country Planning (Scotland) Act 1997).
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