Chapter 18.360
ARCHAEOLOGICAL RESOURCE PROTECTION
Sections:
18.360.040 Development review applications.
18.360.050 DAHP coordination and permitting.
18.360.070 Tribal notification.
18.360.080 Predetermination process.
18.360.090 Archaeological resource survey process.
18.360.100 Discovery principle.
18.360.010 Purpose.
The purposes of this chapter are to:
(1) Encourage the identification and preservation of cultural, archaeological, and historic resources.
(2) Establish clear procedures and specific standards for identifying, documenting, and preserving cultural, archaeological, and historic resources.
(3) Ensure use of the best available technology and techniques commonly accepted as standards in the profession of archaeology for identification and preservation of cultural, archaeological, and historic resources.
(4) Establish a fair and equitable process for balancing the need for identification and preservation of cultural, archaeological, and historic resources with land development.
(5) Ensure coordination and consistency in the implementation of the State Environmental Policy Act, the Shoreline Management Act, the Growth Management Act, Chapters 27.34, 27.44, 27.48, and 27.53 RCW, and associated regulations. [Ord. 2012-01 § 3 (Exh. C), 2012.]
18.360.020 Definitions.
(1) “Archaeological object” means an object that comprises the physical evidence of an indigenous and subsequent culture including material remains of past human life including monuments, symbols, tools, facilities, and technological byproducts.
(2) “Archaeological resource” means any material remains of human life or activities which are of archaeological interest. This shall include all sites, objects, structures, artifacts, implements, and locations of prehistoric or archaeological interest, whether previously recorded or still unrecognized, including, but not limited to, those pertaining to prehistoric and historic American Indian or aboriginal burials, campsites, dwellings, and their habitation sites, including rock shelters and caves, their artifacts and implements of culture such as projectile points, arrowheads, skeletal remains, grave goods, basketry, pestles, mauls, and grinding stones, knives, scrapers, rock carvings and paintings, and other implements and artifacts of any material. This shall also include any material remains of human life or activities from historic periods which are located at least partially below the ground surface necessitating the use of archaeological methods for study or recovery.
(3) “Archaeological site” means a site containing significant physical evidence or ruins of human occupation or activity that are located on or below the surface of the ground and are at least 100 years old. Archaeological resources on these sites include, but are not limited to, the remains of houses, villages, camp and fishing sites, and cave shelters; rock art such as petroglyphs and pictographs; artifacts such as arrowheads, utensils, tools, fragments of tools and utensils, obsidian flakes or other material byproducts from tool and utensil-making activities; and graves, human remains, and associated artifacts.
(4) “Archaeology” means systematic, scientific study of man’s past through material remains.
(5) “Archaeologist” means a person with qualifications meeting the federal Secretary of the Interior’s standards for a professional archaeologist. Archaeologists not meeting this standard may be conditionally employed by working under the supervision of a professional archaeologist for a period of four years provided the employee is pursuing qualifications necessary to meet the federal Secretary of the Interior’s standards for a professional archaeologist. During this four-year period, the professional archaeologist is responsible for all findings. The four-year period is not subject to renewal.
(6) “Department” or “DAHP” means the Washington State Department of Archaeology and Historic Preservation.
(7) “Director” means the director of the Washington State Department of Archaeology and Historic Preservation, created under Chapter 43.334 RCW.
(8) “Feature” means a collection of one or more locations representing some human nonportable activity that generally has a vertical characteristic to it in relation to site stratigraphy. Examples of features are pits, walls, and ditches. Generally, horizontal elements in the stratigraphic sequence, such as layers, dumps, or surfaces, are not referred to as features.
(9) “Historic archaeological resource” means any property which is listed in or eligible for listing in RCW 27.34.220 (Washington State Register of Historic Places) or the National Register of Historic Places as defined in 16 USC 470 (National Historic Preservation Act) as now or hereafter amended.
(10) “Known recorded archaeological site” means an archaeological site which has been recorded with DAHP.
(11) “Of archaeological interest” means capable of providing scientific or humanistic understandings of past human behavior, cultural adaptation, and related topics through the application of scientific or scholarly techniques such as controlled observation, contextual measurement, controlled collection, analysis, interpretation, and explanation.
(12) “Predictive model probability” means the likelihood of discovering archaeological objects or sites as defined by the “Archaeological Predictive Model” map incorporated herein by this reference.
|
Predictive Class |
Designation Probability Index |
Predetermination Required |
||
|---|---|---|---|---|
|
Low* |
Moderate* |
High* |
||
|
5 |
High (81 – 100%) |
No |
Yes |
Yes |
|
4 |
Moderate-High (61– 80%) |
No |
Yes |
Yes |
|
3 |
Moderate (41– 60%) |
No |
Yes |
Yes |
|
2 |
Low-Moderate (21– 40%) |
No |
No |
No |
|
1 |
Low (1– 20%) |
No |
No |
No |
*Low potential impacts include those activities involving no ground disturbance, normal maintenance and repair of existing structures and facilities, lands that have been substantially disturbed to a depth of more than eight inches, and areas that have been adequately surveyed in the past with no discovery of resources. Moderate potential impacts include activities involving slight ground disturbance not otherwise characterized as having low or high impact potential. High potential impacts include activities involving disturbance of more than 12 inches below the ground surface and more than 10,000 square feet of area.
(13) “Prehistoric” means peoples and cultures who are unknown through contemporaneous written documents in any language.
(14) “Significant archaeological site” means an archaeological site which has been determined by an archaeologist to contain: (a) archaeological objects at a density of at least 100 per cubic meter per stratigraphic or cultural unit; or (b) at least one feature; or (c) at least one relatively uncommon archaeological object; or (d) skeletal remains.
(15) “Tribe” means a federally recognized or other local Native American government organization that may consider the site to be of historic or cultural significance. [Ord. 2012-01 § 3 (Exh. C), 2012.]
18.360.030 Applicability.
(1) Notwithstanding subsections (2) and (3) of this section, the provisions of this chapter shall apply:
(a) When any item of archaeological interest is discovered during the course of a permitted ground-disturbing action or activity.
(b) When the city planner determines that reliable and credible information indicates the probable existence of an archaeological site in a disturbance area for which an application for a permit or approval for a ground-disturbing action or activity has been submitted for review.
(2) General. The provisions of this chapter shall apply to all applications for ground-disturbing actions or activities for which a permit or approval is required:
(a) Where any portion of the disturbance area is within predictive class 5 (high probability).
(b) Where the disturbance area is at least five acres in size and wholly within predictive class 4 (moderate to high probability).
(c) Regardless of disturbance area size or predictive model probability class, when the disturbance area is within one-quarter mile of a known, recorded archaeological site as measured on a horizontal plane extending in all directions.
(3) Exemptions. Applications for the following permits, approvals or other ground-disturbing activities shall be exempt from the provisions of this chapter, except where the provisions of subsection (1) of this section apply:
(a) Land use permits handled as Type I actions under LCMC 18.30.080, except grading; or
(b) Sign permits (Chapter 8.60 LCMC); or
(c) Conditional use permits for a change in use only, not involving ground-disturbance for structural modification; or
(d) Zoning variance approvals; or
(e) Ground-disturbing actions or activities classified as exempt actions under LCMC 18.310.090 except landscaping activities and single-family and duplex dwellings not requiring an environmental review; or
(f) Ground-disturbing actions or activities where the city planner determines that the disturbance area was adequately investigated and documented per LCMC 18.360.050(1) in the past and the existence of an archaeological site was determined not to be probable based upon prior predetermination(s), or not to be actual based upon prior survey(s); or
(g) Applications for permits or approvals for ground-disturbing actions or activities which have vested prior to the effective date of this chapter; or
(h) Ground-disturbing actions or activities where the provisions of this chapter were previously applied to a related application for a larger, more comprehensive, ground-disturbing action or activity which encompasses the scope of the current application; or
(i) Ground-disturbing actions or activities where a prior application for a larger, more comprehensive ground-disturbing action or activity which encompasses the scope of the current application was exempt from the provisions of this chapter pursuant to this subsection (3); or
(j) Ground-disturbing actions or activities where the disturbance area is within one-quarter mile of a known, recorded archaeological site as measured on a horizontal plane extending in all directions may be exempted by the city planner when appropriate due to the effects of a geographic barrier; or
(k) Ground-disturbing actions or activities proposed in areas in which the city planner determines that previous substantial disturbance has been documented.
(4) Predictive Model Application. When more than one predictive class traverses a disturbance area, the entire disturbance area shall be considered to be within the level with the highest probability rating.
(5) Coordination.
(a) Where the provisions of this chapter conflict with each other or with other local, state, or federal laws, ordinances, or programs, the more restrictive provisions shall apply.
(b) The provisions of this chapter shall apply throughout the city, including areas regulated by the city’s shoreline master program.
(c) The regulations of the State Environmental Policy Act (SEPA) shall supplement the provisions of this chapter.
(d) The provisions of this chapter are intended to coordinate with and supplement the related provisions of state law. Chapters 27.34, 27.44, 27.48, and 27.53 RCW. [Ord. 2012-01 § 3 (Exh. C), 2012.]
18.360.040 Development review applications.
(1) A development application shall not be determined counter complete until any required predetermination has been completed and the predetermination report has been submitted to DAHP and the city planner.
(2) All documents pertaining to archaeology reviews shall be exempt from any public disclosure requests pursuant to RCW 27.53.070. [Ord. 2012-01 § 3 (Exh. C), 2012.]
18.360.050 DAHP coordination and permitting.
(1) Recording. Any archaeological site identified pursuant to the provisions of this chapter shall be recorded with the Washington State Department of Archaeology and Historic Preservation (DAHP). A copy of the State of Washington Archaeological Site Inventory form and cover letter to DAHP shall be submitted to the city planner with the required survey report pursuant to LCMC 18.360.090(3). If an archaeological predetermination or archaeological survey was submitted to DAHP for review, proof of submittal must also be submitted prior to, or concurrent with, the application.
(2) Permit Required. A permit from DAHP shall be secured prior to digging, altering, excavating, and/or removing archaeological objects and sites or historic archaeological resources, or removing engraved, carved or painted records of tribes or peoples, or archaeological resources from Native American Indian cairns or graves. WAC 25-48-050. [Ord. 2012-01 § 3 (Exh. C), 2012.]
18.360.060 Documentation.
(1) Documentation. Archaeological sites shall be adequately investigated and documented. For purposes of this chapter, “adequately investigated and documented” shall mean that:
(a) The investigation method, level of analysis, and area covered are sufficient to meet the requirements of LCMC 18.360.080 and 18.360.090, as appropriate; and
(b) The documentation is sufficient to allow another archaeologist to repeat the investigation and reach a similar conclusion. Adequacy shall be determined by the city planner. [Ord. 2012-01 § 3 (Exh. C), 2012.]
18.360.070 Tribal notification.
(1) Tribal Registration. Any tribe may register to receive notification of required archaeological resource surveys. Such registration shall be in writing, be addressed to the city planner, and include the name of the tribe and the name, title, and mailing address of the designated representative to whom the notice is to be provided.
(2) Updating Registration. It is the responsibility of the tribe to ensure that this registration information is updated by notifying the city planner in writing of any change.
(3) Notification. Where the city planner determines that the existence of an archaeological site is probable and an archaeological resource survey is required per LCMC 18.360.090, the city planner shall notify the tribes which have registered with the city of such determination. The city planner shall accept comments from registered tribes for 14 calendar days from the date the notification was received by the tribes. [Ord. 2012-01 § 3 (Exh. C), 2012.]
18.360.080 Predetermination process.
(1) Predetermination Required. A predetermination is an archaeological study similar to, but of less intensity and lower cost than, an archaeological resource survey. Its purpose is to determine whether the existence of an archaeological site within a disturbance area is probable. A predetermination is required as follows:
(a) For any nonexempt ground-disturbing action or activity for which a permit or approval is required where any portion of the disturbance area is at least partially within predictive class 5 (high probability).
(b) For any nonexempt ground-disturbing action or activity for which a permit or approval is required and where the disturbance area is at least five acres in size and wholly within predictive class 4 (moderate to high probability).
(c) For any nonexempt ground-disturbing action or activity for which a permit or approval is required where the disturbance area is proposed within one-quarter mile of a known, recorded archaeological site.
(d) When the city planner determines that reliable and credible information indicates the probable existence of an archaeological site in a disturbance area for which an application for a permit or approval for a ground-disturbing action or activity has been submitted to the city planner.
(e) When any item of archaeological interest is discovered during the course of a permitted or approved ground-disturbing action or activity per LCMC 18.360.100.
(2) Waiver. The city planner may waive the requirement for a predetermination where the applicant chooses to provide a survey in accordance with the provisions of this chapter instead of a predetermination.
(3) Preapplication Review. The city planner may review a predetermination report and issue a determination of the likelihood that archaeological resources exist prior to the submittal of an application for a permit or approval for a ground-disturbing action or activity subject to the provisions of this chapter. Such preapplication review shall require permission for the city planner to enter and inspect the property.
(4) Predetermination Standards. Predeterminations shall include at a minimum the following elements and be carried out according to the following minimum standards:
(a) Predeterminations shall be performed by a professional archaeologist. Documentation shall be sufficient to allow another archaeologist to repeat the investigation and reach a similar conclusion. Adequacy shall be determined by the city planner.
(b) Predeterminations shall be performed in accordance with the best available technology and techniques commonly accepted as standards in the profession of archaeology.
(c) No artifacts shall be collected during a predetermination.
(d) A thorough review of records, documentation, maps, and other pertinent literature shall be performed.
(e) A visual inspection of the ground surface shall be completed when conditions yield at least 50 percent visibility of the soil. When conditions yield less than 50 percent visibility of the soil, subsurface investigation shall be required in accordance with subsection (4)(f) of this section.
(f) Subsurface investigation shall be conducted as follows:
(i) Subsurface investigation shall be performed:
(A) When conditions yield less than 50 percent visibility of the soil; or
(B) When otherwise considered necessary by the archaeologist.
(ii) When performed, the following standards shall apply:
(A) Subsurface probes shall be no less than eight inches in diameter (12 inches or more preferred) at the ground surface, no less than eight inches in diameter at the base, and shall delve no less than 20 inches deep into natural soil deposits whenever possible.
(B) The most appropriate number of and locations for subsurface probes shall be determined by the archaeologist.
(C) All material excavated by subsurface probes shall be screened using both one-quarter-inch and one-eighth-inch hardware mesh cloths or equivalent.
(5) Predetermination Reports. A report shall be completed for each predetermination in accordance with subsection (4) of this section on standardized reporting forms furnished by the Department.
(6) Review of Predetermination Reports and Further Action.
(a) Predetermination reports shall be reviewed by the city planner.
(b) Upon finding that a predetermination report is complete and adequate, the city planner shall evaluate the report and determine whether an archaeological site is likely to exist.
(i) Where the city planner determines that the existence of an archaeological site is not probable, the application may proceed through the remainder of the development review process.
(ii) Where the city planner determines that the existence of an archaeological site is probable, an archaeological resource survey shall be required and carried out in accordance with the provisions of this chapter.
(iii) Where the city planner determines that the existence of an archaeological site is probable and an archaeological resource survey is required, the city planner shall notify registered tribes of such determination in accordance with the provisions of LCMC 18.360.070. [Ord. 2012-01 § 3 (Exh. C), 2012.]
18.360.090 Archaeological resource survey process.
(1) Purpose. The purpose of an archaeological resource survey is to determine whether an archaeological site actually does exist in a disturbance area, and to make a preliminary assessment of the potential significance of such a site. Surveys are to be conducted under the following circumstances:
(a) A survey shall be required when the results of a predetermination indicate further investigation is necessary (LCMC 18.360.080(6)) and either:
(i) No previous survey has been done; or
(ii) A previous survey or documentation is determined by the city planner to be inadequate (LCMC 18.360.060(1)).
(2) Survey Standards. Surveys shall include at a minimum the following elements and be carried out according to the following minimum standards:
(a) Surveys shall be performed by a professional archaeologist. Documentation shall be sufficient to allow another archaeologist to repeat the investigation and reach a similar conclusion. Adequacy shall be determined by the city planner.
(b) Surveys shall be performed in accordance with the best available technology and techniques commonly accepted as standards in the profession of archaeology.
(c) Artifacts may be collected during a survey only after consultation with DAHP.
(d) A thorough review of records, documentation, and other pertinent literature shall be performed.
(e) A systematic, 100 percent visual inspection of the ground surface shall be completed when conditions yield at least 50 percent visibility of the soil.
(f) Subsurface probes shall be required for all surveys as follows:
(i) Subsurface probes shall be no less than eight inches in diameter (12 inches or more preferred) at the ground surface, no less than eight inches in diameter at the base, and delve no less than 20 inches deep into natural soil deposits whenever possible.
(ii) No less than one subsurface probe shall be required for each quarter-acre. (For example, on a parcel of 2.33 acres, no less than nine probes would be required.)
(iii) The most appropriate locations for the subsurface probes shall be determined by the archaeologist.
(iv) All material excavated by subsurface probes shall be screened using both one-quarter-inch and one-eighth-inch hardware mesh cloths or equivalent.
(3) Survey Reports. A report shall be completed for each survey in accordance with subsection (2)(a) of this section and state guidelines. Survey reports shall be submitted to the city planner and filed with DAHP. When an archaeological site is identified, the State of Washington Archaeological Site Inventory form shall be submitted to DAHP with the survey report. LCMC 18.360.050(1).
(4) Review of Survey Reports and Further Action.
(a) Survey reports shall be filed with DAHP.
(b) Survey reports shall be reviewed by the city planner. Upon finding a survey report complete and adequate, the city planner shall determine whether an archaeological site has been identified. LCMC 18.360.080(6).
(c) Where the city planner determines that no archaeological site has been identified, the application may proceed through the remainder of the development review process.
(d) Where the city planner determines that an archaeological site has been identified, the city planner shall determine whether the site is likely to be potentially significant in accordance with the significance criteria of subsection (5) of this section and in consultation with DAHP.
(e) Where the city planner determines that an archaeological site has been identified and is not likely to be potentially significant, the application may proceed through the remainder of the development review process.
(f) Where the city planner determines that an archaeological site has been identified and is likely to be potentially significant, archaeological resources shall be further evaluated, avoided, properly mitigated, or properly recovered in accordance with the city planner’s recommendation and the terms of any necessary permit from DAHP (LCMC 18.360.050(2)). Priority for thorough evaluation and data recovery shall be given to potentially significant archaeological sites. Monitoring and future corrective measures may be required to ensure that an archaeological site is not degraded by a permitted development.
(g) Where sites are to be avoided, the city planner shall require that appropriate land use restrictions be recorded using a proper legal instrument.
(h) An escrow or bond shall be required of the applicant to ensure that the site is treated in accordance with the city planner’s recommendation and provisions of the state permit.
(5) Significance Criteria. A potential significant archaeological site is a site which:
(a) Contains archaeological objects at a density of at least 100 per cubic meter per stratigraphic or cultural unit; or
(b) Includes at least one feature; or
(c) Includes at least one relatively uncommon archaeological object; or
(d) Contains skeletal remains; or
(e) Is otherwise considered potentially significant by the archaeologist. [Ord. 2012-01 § 3 (Exh. C), 2012.]
18.360.100 Discovery principle.
(1) Uncovering Archaeological Items. In the event that any item of archaeological interest is uncovered during the course of a permitted or approved ground-disturbing action or activity:
(a) Cessation of Activity. All ground-disturbing activity shall immediately cease.
(b) Notification. The applicant shall immediately notify the city planner and DAHP.
(2) Predetermination Report and Determination. The applicant shall provide for a predetermination and a predetermination report prepared in accordance with the provisions of this chapter. The city planner shall review the report and issue a determination in accordance with LCMC 18.360.080(6) in a reasonably diligent manner, taking into account all pertinent factors and conditions. Where such determination is that the existence of an archaeological site is not probable, construction may continue. Where such determination is that the existence of an archaeological site is probable, the applicant shall provide a survey and survey report, in accordance with the provisions of this chapter. The city planner shall produce a map of the parcel indicating clearly the portion(s) of the parcel, if any, within which construction may continue under the supervision of a professional archaeologist and monitoring by the city planner while the required survey is being completed. The provisions of LCMC 18.360.090(4) shall apply. [Ord. 2012-01 § 3 (Exh. C), 2012.]