Chapter 30.32D
HISTORIC AND ARCHAEOLOGICAL RESOURCES

Sections:

30.32D.010    Purpose and applicability.

30.32D.020    Creation of county register of historic places.

30.32D.030    Designation of property on county register.

30.32D.040    Criteria for designation of property on county register.

30.32D.050    Removal of properties from county register.

30.32D.060    Alteration or demolition of property on county register.

30.32D.070    Procedure for obtaining certificate of appropriateness or waiver.

30.32D.075    Exemptions.

30.32D.080    Review process for request for certificate of appropriateness.

30.32D.090    Review process for waiver of certificate of appropriateness.

30.32D.100    Applicability of zoning requirements.

30.32D.200    Archaeology site report.

30.32D.210    Project or permit approval for property on state register as an archaeological resource.

30.32D.220    Human remains or archaeological resources found on a site.

30.32D.300    Appeals.

30.32D.010 Purpose and applicability.

(1) The purpose of this chapter is to identify, evaluate, and protect archaeological and historic resources within Snohomish county and to preserve and rehabilitate eligible historic properties for future generations, in order to

(a) Safeguard the heritage of the county as represented by those buildings, sites, structures, objects and districts which reflect significant elements of county history;

(b) Foster civic pride in the beauty and accomplishments of the past, and a sense of identity with county history;

(c) Assist, encourage and provide incentives to private owners for preservation, restoration, rehabilitation and use of outstanding historic buildings, sites, structures, objects, and districts;

(d) Promote and facilitate the early identification and resolution of conflicts between preservation of archaeological and historic resources and land uses; and

(e) Stabilize and improve the aesthetic and economic vitality and values of such sites improvements and objects.

(2) In Washington State, archaeology sites and Native American grave sites are protected by both federal and state laws. This chapter does not repeal, modify, or waive any provision of federal or state law currently enacted, or as enacted in the future, that regulates archaeological sites including, but not limited to: the Archaeological Resource Protection Act of 1979 (16 U.S.C. 470aa-mm); the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); the National Historic Preservation Act (16 U.S.C. 470 et seq.); Chapter 27.44 RCW titled "Indian Graves and Records"; and Chapter 27.53 RCW titled "Archaeological Sites and Resources."

(3) This chapter applies to:

(a) Properties eligible for and on the Snohomish county Register of Historic Places established pursuant to SCC 30.32D.020; and

(b) Properties listed on the Washington State Archaeological Site Inventory.

(4) Regulations concerning the Snohomish County Historic Preservation Commission are in chapter 2.96 SCC; regulations concerning the state tax incentive program for qualifying historic properties are located in chapter 4.31 SCC.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 06-037, December 13, 2006, Eff date Jan. 5, 2007)

30.32D.020 Creation of county register of historic places.

There is hereby established a Snohomish county register of historic places that identifies historic buildings, sites, structures, objects, and districts within the county.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.32D.030 Designation of property on county register.

(1) Listing on the county register is an honorary designation denoting significant association with the historic, architectural, archaeological, engineering, or cultural heritage of the community. Property is listed individually or as properties that as a group contribute to the historical integrity of an historic district.

(2) The historic preservation commission, as established in Title 2 SCC, or any person may nominate a building, site, structure, object, or district for placement on the county register by submitting a letter to the historic preservation commission.

(3) The county shall make a written recommendation to the historic preservation commission regarding the nomination and notify the property owner of the nomination, if necessary. If the property owner consents to the nomination, the department shall schedule a public meeting before the historic preservation commission to consider the nomination. The county shall publish notice of the public meeting in accordance with SCC 30.70.045 and provide mailed notice to the property owner, occupant, and nominator.

(4) The historic preservation commission shall consider the nomination at the public meeting. If the commission finds that the nominated property meets the criteria for designation established in SCC 30.32D.040, the commission shall designate the property on the county register. If the property is so designated by the commission, the department shall indicate the designation on county zoning maps by placing "HR" on the property.

(5) The county shall provide notice of the historic preservation commission’s decision as required in SCC 30.32D.030.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 12-018, May 2, 2012, Eff date May 21, 2012)

30.32D.040 Criteria for designation of property on county register.

(1) The historic preservation commission may designate a property or properties on the county register only if the building, site, structure, object, or district is at least fifty years old or, in the event that the property is of exceptional historical significance as determined by the commission, at least forty years old.

(2) The commission will also consider whether the nominated property or properties:

(a) Possess significant and important association with the history, architecture, archaeology, engineering, or cultural heritage of the county as documented in texts used as standard references by professionals in these disciplines;

(b) Possess one or more of the following:

(i) integrity of location, meaning the building, structure or object has remained on the same site for fifty years or more;

(ii) integrity of design, meaning the design of the building, structure, object, or the structures contributing to a district have remained unchanged for fifty years or more;

(iii) integrity of materials, meaning the materials used in the building, object or structure are either original or have been reproduced to replicate, as closely as possible, the original materials; or

(iv) integrity of workmanship, meaning the building must exhibit original workmanship, or if repairs or reconstruction of a building, structure, site or object have been or need to be carried out, the methods used are as similar to the original construction methods as possible. If modern construction methods were used, the resulting repair or reconstruction must replicate the original workmanship as closely as possible;

(c) Meet at least one of the following criteria:

(i) the property is associated with events that made an important contribution to national, state, or local history;

(ii) the property embodies architectural characteristics of a distinctive and defined type, period, style, or method of design or construction, as documented in professional architectural and historic preservation publications, or represents a significant and distinguishable entity whose components may lack individual distinction;

(iii) the property is an outstanding work of a recognized designer, builder, or architect whose work has been documented in professional publications as having made a substantial contribution to the artistic and aesthetic values of the community;

(iv) the property exemplifies or reflects elements of Snohomish county’s cultural, social, economic, political, aesthetic, engineering or architectural history;

(v) the property is associated with the life of a person of documented importance in national, state, or local history;

(vi) the property yields or is likely to yield important archaeological information related to history or prehistory;

(vii) the property contains a building or structure removed from its original location but which has significant and documented architectural value, or which is the only surviving building or structure associated with an historic person or event;

(viii) the property is a birthplace or grave of an historical figure of documented importance which is the only surviving building, structure or site associated with that person;

(ix) the property is a cemetery which derives its primary significance from age, design features, or association with historic events or cultural patterns;

(x) the property contains a building that has been reconstructed in an historically accurate manner on the original site; or

(xi) the property is an example of folk architecture and design that is creative and unique, but which does not fit into formal architectural or historical categories.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.32D.050 Removal of properties from county register.

(1) Initiation of removal of a property from the local register may occur in one of the following ways:

(a) A property owner may request review of a property for removal from the local register by submitting a written request to the historic preservation commission; or

(b) The historic preservation commission may initiate removal.

(2) The historic preservation commission will schedule a public meeting for consideration of removal of any property from the local register. If removal is requested by the property owner, the commission must schedule the public meeting within 30 days of receipt of the request for removal. The department shall provide notice of the public meeting in accordance with SCC 30.32D.030(3).

(3) If the property owner has requested removal, the property owner must notify the historic preservation commission within one week of the conclusion of the public meeting that

(a) The property will be removed from the local register; or

(b) The property owner rescinds the removal request.

Failure by the property owner to so notify the historic preservation commission will result in the property remaining on the register.

(4) The historic preservation commission may remove property from the local register without the owner’s consent if alterations to the property result in loss of historical integrity.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.32D.060 Alteration or demolition of property on county register.

(1) An owner of property listed on the local register who proposes any physical alteration or rehabilitation of the exterior of a register property, or of interior features that are listed as contributing to the significance of the property, excluding ordinary repair, maintenance and emergency repairs, must request and receive a certificate of appropriateness from the historic preservation commission for the proposed work. If a building permit is required pursuant to subtitle 30.5 SCC for the work, issuance of a certificate of appropriateness will be a precondition to issuance of a building permit.

(2) An owner who proposes to partially or completely demolish a register property must request and receive from the historic preservation commission a waiver of a certificate of appropriateness as a precondition to issuance of a permit for demolition.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.32D.070 Procedure for obtaining certificate of appropriateness or waiver.

(1) The applicant for a permit to perform any work described in SCC 30.32D.060 shall submit a copy of the building permit or demolition permit application to the historic preservation commission along with a request to be considered for a certificate of appropriateness or waiver.

(2) The commission shall consider a request for a certificate of appropriateness or waiver at a public meeting. The department shall publish notice of the meeting as required in SCC 30.70.045 and provide mailed notice to the applicant and the property owner.

(3) The department shall not issue a building permit or a demolition permit for a property listed on the local register until a certificate of appropriateness or waiver is issued.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.32D.075 Exemptions.

Ordinary repair and maintenance and emergency repair do not require a certificate of appropriateness or review by the historic preservation commission. For purposes of this chapter, ordinary repair and maintenance means work for which no county permit is required by law, and where the purpose and effect of such work is to correct any deterioration or decay of, or damage to, the real property or structure and appurtenances thereto, and to restore the same, as nearly as may be practicable, to the condition prior to the occurrence of such deterioration, decay, or damage. For purposes of this chapter, emergency repair means work necessary to prevent destruction or disrepair to real property immediately threatened or damaged by fire, flood, earthquake, vandalism or other disaster.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.32D.080 Review process for request for certificate of appropriateness.

(1) An applicant must include within a request for a certificate of appropriateness any information required by the historic preservation commission as set out by administrative rule. Information required by the commission will include information responding to the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, referred to in WAC 254-20-100 and used by the Washington State Advisory Council on Historic Preservation and by the commission. A copy of the standards is available at the department front counter.

(2) When responding to a request for a certificate of appropriateness, the historic preservation commission shall review all features of the property that are proposed for alteration and that are listed as contributing to the property’s designation on the local register nomination form.

(3) The commission shall meet with the applicant and review the proposed work according to the design review criteria established by administrative rule.

(4) The commission shall complete its review and make its recommendation within forty-five days of the date of receipt of the application. If necessary, the commission may extend the review period for up to an additional twenty days. If no recommendation has been made within sixty-five days, the commission is considered to have recommended approval.

(5) The commission will provide the applicant with its written recommendation, stating the findings of fact and conclusions leading to the recommendation. Any conditions agreed to by the applicant in the review process and accepted by the commission shall become conditions of approval for any relevant permit granted and be incorporated in the commission’s decision to grant a certificate of appropriateness.

(6) If the applicant agrees to the commission’s recommendation, the commission shall issue a certificate of appropriateness, which shall be transmitted to the building official by the applicant.

(7) If the applicant does not agree to the commission’s recommendation and any alteration to the property is determined to be inappropriate by the commission, the property may be removed by the commission from the local register. Once the property is removed from the local register, the requirement of SCC 30.32D.060(1) shall no longer apply.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 06-037, Dec. 13, 2006, Eff date Jan. 5, 2007)

30.32D.090 Review process for waiver of certificate of appropriateness.

(1) An applicant must include within a request for a waiver of a certificate of appropriateness any information required by the historic preservation commission as set out by administrative rule.

(2) The commission shall review the request for a waiver in accordance with the commission’s administrative rules. The commission shall consider whether there is any feasible alternative to the demolition proposed.

(3) Following review of the request, the commission shall issue a waiver of a certificate of appropriateness, which shall be transmitted to the building official by the applicant.

(4) As a part of the issuance of the waiver, the commission may recommend to the building official that the applicant mitigate the demolition of register property. The commission shall support any recommended requirement of mitigation with findings of fact and conclusions. Mitigation may include, but is not limited to, an identification plaque, use of an architectural element of an historic building in new construction, and/or buffering or protection of remaining elements of an historic resource. The building official shall adopt a commission recommendation for mitigation as a condition of approval of any permit granted for partial or complete demolition of the property.

(5) After the property is partially or completely demolished, the commission shall remove the property from the local register.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.32D.100 Applicability of zoning requirements.

Properties designated on the local register shall be subject to the provisions set forth in this title. Nothing contained in this chapter shall be construed as repealing, modifying, or waiving any other provision of this title.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.32D.200 Archaeology site report.

(1) Known archaeological sites are recorded on the Washington State Department of Archaeology and Historic Preservation’s Geographic Information System.

(2) An archaeological site may cover only a portion of a property, parcel, or lot and may be located on more than one property, parcel, or lot.

(3) Completion of an archaeology site report or relocation of the project to avoid the known archaeological site shall be required for:

(a) Any construction, earth movement, clearing, or other site disturbance of a known archaeological site; or

(b) Any development application proposed on non-tribally owned, fee-simple properties designated Reservation Commercial on the Snohomish County Future Land Use Map.

(4) An archaeology site report required under subsection (3)(a) of this section shall:

(a) Be written by a professional archaeologist as defined in WAC 25-48-020;

(b) Be submitted to the department by the property owner or project proponent;

(c) Include the location, condition, and extent of the archaeological resources located on site and any recommendations with respect to conditioning the activity to avoid or minimize impacts on the known archaeological site; and

(d) Include the results of consultation with any affected Indian tribe on proposed actions to avoid or mitigate impacts of the proposed project.

(5) An archaeology site report required under subsection (3)(b) of this section shall:

(a) Be written by a professional archaeologist as defined in WAC 25-48-020;

(b) Be submitted to the department by the property owner or project proponent;

(c) Include the location, condition, and extent of the archaeological resources located on site and any recommendations with respect to conditioning the activity to avoid impacts; and

(d) Include the results of consultation with any affected Indian tribe on proposed actions to avoid impacts of the proposed project.

(6) The department shall provide a copy of the archaeology site report to any affected Indian tribe and the Washington State Department of Archaeology and Historic Preservation, at the applicant’s expense.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 06-037, December 13, 2006, Eff date Jan. 5, 2007; Amended by Amended Ord. 15-027, May 6, 2015, Eff date May 24, 2015).

30.32D.210 Project or permit approval for property on state register as an archaeological resource.

(1) The county approving authority shall not issue a permit for any development activity or project approval requiring an archeology site report pursuant to SCC 30.32D.200 without considering the archeology site report and any comments on the report submitted by an affected Indian tribe.

(2) If an applicant requests comments regarding mitigation from a potentially affected Indian tribe and the tribe fails to respond within 30 days of the request, the department may proceed with permit issuance based on the archaeology site report if the applicant provides documentation of the request for tribal comments to the department.

(3) Based on the information contained in the archeology site report and any comments submitted by the affected Indian tribe(s) obtained during the consultation process, the county approving authority will condition the permit or project approval in a manner that will avoid or minimize impacts to the archaeological resource consistent with federal and state law.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 06-037, December 13, 2006, Eff date Jan. 5, 2007)

30.32D.220 Human remains or archaeological resources found on a site.

(1) If, during the course of construction, earth movement, clearing, or other site disturbance, human remains or archaeological resources are encountered, all work shall cease immediately. Under these circumstances, the department may issue a stop work order pursuant to chapter 30.85 SCC.

(2) The applicant shall immediately notify the director and promptly notify any affected Indian tribe and the state office of archaeology and historic preservation.

(3) After consultation with any affected Indian tribe and the state office of archaeology and historic preservation, the state shall determine whether the site contains archaeological resources that should be preserved. The department will designate the appropriate area within the site as a preservation area. No ground disturbance is permitted within a preservation area. This designation shall not affect underlying zoning.

(4) The preservation area designation shall remain on the appropriate area within a site until

(a) The human remains or archaeological resources have been completely removed from the site; or

(b) The department and the applicant have otherwise reached an agreement, in consultation with the state and any affected Indian tribe, that provides for the preservation of the human remains or archaeological resources.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.32D.300 Appeals.

Any building permit issued with conditions imposed pursuant to this chapter may be appealed as a Type 1 decision pursuant to chapter 30.71 SCC.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)