ASLA Urges Landscape Architects to Oppose Permitting Legislation That Would Weaken Section 106

ASLA urges all landscape architects to join the growing coalition of professions, organizations, and individuals calling on Congress to strengthen Section 106 of the National Historic Preservation Act and protect our nation’s historic and cultural landscapes.

Recently, Senate leaders introduced S. 5653, the Bipartisan American Affordability and Jobs Act of 2026, a permitting reform bill that would significantly weaken Section 106 review. The legislation would narrow the range of projects subject to review and curtail consultation with State Historic Preservation Offices (SHPOs), Tribal Historic Preservation Offices (THPOs), and other stakeholders. These changes threaten the consultation and public participation processes that help communities identify and protect historically and culturally significant places.

Landscape architects play a vital role in preserving historic landscapes, cultural resources, and community spaces. For more than 60 years, Section 106 has helped ensure that federally funded, licensed, or approved projects consider their effects on historic properties and provide opportunities for consultation before decisions are made. Weakening these protections could leave significant landscapes and cultural resources vulnerable to irreversible harm.

The permitting legislation adds to ongoing concerns about proposed changes to the regulations implementing Section 106. As previously reported, the Advisory Council on Historic Preservation (ACHP) advanced a sweeping rewrite of these regulations that would make consultation with SHPOs and THPOs optional, make public participation discretionary, change which projects trigger review, and narrow the impacts considered adverse effects. The proposed regulatory changes and the new legislation pose serious concerns for the future of historic preservation.

ASLA encourages landscape architects to contact their Senators and urge them to oppose provisions that weaken Section 106 and instead support permitting reforms that preserve meaningful historic preservation review, consultation, and public participation.

TAKE ACTION TODAY: Contact Your Senators

ASLA is also a member of the 106 Strong Coalition, which brings together nearly 1,000 organizations committed to protecting historic places. On November 9th, the coalition invites advocates to a rally at the U.S. Capitol. Click here for more information.