16 MAC Pt. 3, R. 12.2.2
Assessing Effects: non- FCC Projects
Cite as 16 Miss. Admin. Code Pt. 3, R. 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.