35.25.170 Regulations.
(1) All shoreline use and development proposals shall be reviewed to determine if they have the potential to impact historic, cultural, and/or archaeological sites/resources. The Administrator shall consult with the Washington State Department of Archaeology and Historic Preservation and if there is evidence that the proposed project is located within 500 feet of such a site/resource or if the site has not been surveyed or evaluated for presence/absence of cultural resources, the Administrator shall:
(a) Notify and inform potential affected Tribes and the Washington State Department of Archaeology and Historic Preservation of the proposed activity including timing, location, scope, and resources affected; and
(b) Require the proponent to provide a Cultural Resource Site Assessment prior to development to determine the presence/absence of archaeological, historic, or cultural resources. The Assessment shall include a survey to determine presence/absence of cultural resources. The Administrator can waive this requirement if the proposed development activities do not include any ground disturbance and will not impact a known archaeological, historic, or cultural site/resource.
(2) When a Cultural Resource Site Assessment required by this section identifies the presence of archaeological, historic, or cultural resources, a Cultural Resource Management Plan shall be required. The plan shall assess the archaeological, historic, or cultural site/resource; analyze potential adverse impacts caused by the proposed activity; and recommend measures to prevent adverse impacts.
(3) Cultural Resource Site Assessments and Cultural Resource Management Plans required by this section shall be prepared by a professional archaeologist or historic preservation professional, as applicable. The project proponent shall be responsible for any professional service fees associated with the assessment or plan.
(4) The Administrator may reject or request revision of the conclusions reached in a Cultural Resource Site Assessment or Cultural Resource Management Plan when it can demonstrate that the assessment is inaccurate or does not fully achieve the policies of this section.
(5) Excavation for archaeological investigations or data recovery may be permitted when conducted by a professional archaeologist or qualified historic preservation professional in accordance with applicable State laws.
(6) Where public access is provided to any private or publicly owned building or structure of archaeological, historic, or cultural significance, a Public Access Management Plan shall be developed in consultation with the Washington State Department of Archaeology and Historic Preservation and affected Tribes. The project proponent shall be responsible for any professional service fees associated with the access plan.
(7) If any site/object of possible archaeological, historic, or cultural interest is inadvertently discovered during any new shoreline use or development, the project proponent shall immediately stop work and comply with all of the following measures:
(a) Notify the County Community Development Department and the Washington State Department of Archaeology and Historic Preservation; and
(b) Prepare a Cultural Resource Site Assessment to determine the significance of the discovery and the extent of damage to the resource; and
(c) Distribute the Cultural Resource Site Assessment to the Washington State Department of Archaeology and Historic Preservation and affected Tribes for a 30-day review to determine the significance of the discovery; and
(d) Maintain the work stoppage until the Administrator and above-listed agencies or governments have reviewed the site assessment and determined that work can proceed; and
(e) Prepare a Cultural Resource Management Plan pursuant to this section if the Administrator determines that the site is significant; and
(f) If an archaeological resource is damaged, an archaeological damage assessment shall be completed pursuant to WAC 25-48-043 and the National Park Service Technical Brief 20.
(8) Upon inadvertent discovery of human remains, the project proponent must immediately notify the County Sheriff, Coroner, and Washington State Department of Archaeology and Historic Preservation.
(9) In the event that unforeseen factors constituting an emergency, as defined in RCW 90.58.030, necessitate rapid action to retrieve or preserve archaeological, historic, or cultural resources, the Administrator shall notify the State Department of Ecology, the State Attorney General’s Office, potentially affected Tribes, and the State Department of Archaeology and Historic Preservation within 10 days of such action.