The following policies and regulations apply to cultural, archaeological, and historic resources that are either (a) listed on the national, state, or local registers of historic places; (b) recorded by the Washington State Department of Archeology and Historic Preservation (DAHP), a Native American tribe, and/or a local jurisdiction; or (c)undiscovered, inadvertently uncovered, or yet unrecorded. Archaeological sites located both in and outside shoreline jurisdiction are subject to RCW Chapter 27.44 (Indian graves and records) and RCW Chapter 27.53 (Archaeological sites and records). Shoreline uses or development that may impact such sites shall comply with WAC Chapter 25-48 as well as the provisions of this Shoreline Master Program. Pursuant to RCW 27.53.070, information and documents pertaining to the location of archaeological sites or resources are confidential and not considered public records that require disclosure.
A.
Policies. Pursuant to RCW 36.70A.480, the archaeological and historical resources policies of the 2021 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
B.
Regulations.
1.
Project approval requirements. Prior to issuing a permit, exemption, or other approval for a proposed project in a shoreline area, the County shall determine whether or not a cultural resources review or archaeological survey shall be required under this Section KCC § 17B.05.010(B)(1)*.
a.
Exceptions. No cultural resources review or survey shall be required under KCC § 17B.05.010(B)(1)* where the project applicant can demonstrate one or more of the following conditions is met:
i.
The project or use does not include any ground disturbance. Projects that require the insertion of structural elements, but which do not require any excavation and create no spoil piles, shall be considered non-ground-disturbing for purposes of this Section (e.g. driving T-posts, planting tree seedlings with a hoedad).
ii.
The project is limited to the installation of infrastructure entirely within the same area as an existing project or development.
iii.
The project’s entire three-dimensional area of proposed ground-disturbance is located within previous fill or previously disturbed earth.
iv.
A professional archaeologist has surveyed the entire project area within the last ten (10) years, and the survey report(s) show that no cultural, archaeological, or historic resources were found.
b.
Cultural resources review. The County shall provide electronic notice and a fifteen (15) day comment opportunity to DAHP and affected Native American tribes for all proposed projects in shoreline areas which are not excluded under KCC § 17B.05.010(B)(1)(a)* above.
i.
When applicable, the above notification requirement will be included in the Preliminary Site Analysis process.
ii.
Where the proposed project is already subject to a comment period through shoreline permitting and/or SEPA review, this comment period shall be run concurrently.
iii.
For shoreline projects that fall under a shoreline exemption permit and have no notification requirement, if not already completed through the Preliminary Site Analysis process, the above notification and cultural resources review requirements will occur prior to the issuance of an exemption permit.
c.
Archaeological survey requirement. A final archeological survey report for the entire project area shall be required prior to the County’s issuance of a permit, exemption, or other approval where the proposed project is not excepted under KCC § 17B.05.010(B)(1)(a)* above, and one or more of the following conditions exist:
i.
The project area is located within one quarter (1/4) mile from either a protected Native American pre-contact site recorded with DAHP, or a protected historic site that is listed or eligible, or potentially eligible and unevaluated, in the DAHP inventory.
ii.
DAHP or an affected Native American tribe timely comments through the above cultural resources review process (or concurrent permitting or environmental review process, if applicable), and requests an archaeological survey be completed due to the presence of one or more of the following risk-factors:
Documented historic feature(s) on the property or located within one quarter (1/4) mile from the project area; |
Previous positive archaeological survey results from a survey on the property or within one quarter (1/4) mile from the project area; or |
A tribally-recorded site located within one quarter (1/4) mile of the project area. |
iii.
DAHP and an affected Native American tribe timely comment through the above cultural resources review process (or concurrent permitting or environmental review process, if applicable), and both DAHP and the affected Native American tribe request that an archaeological survey be completed due to a professional archaeologist’s determination that the project area is in an area that is at high-risk for the presence of archaeological resources (e.g. in an area with high-risk soil deposit types such as historic high-energy soil deposits, or soils with multiple depositional contexts).
iv.
The County determines that an archaeological survey is otherwise warranted.
d.
Archaeological survey & reporting standards. Archaeological surveys shall be completed by a professional archaeologist. Archaeological survey reports shall conform to DAHP’s then-current reporting standards. Both DAHP and affected Native American tribes shall receive copies of completed archaeological survey reports, and have a reasonable opportunity (in no case less than fifteen days) to comment on their sufficiency before such reports shall be considered final. Final archaeological survey reports shall be filed with DAHP prior to the County’s issuance of a permit, exemption, or other approval where the proposed project is not exempt under KCC § 17B.05.010(B)(1)(a)*.
e.
Monitoring alternative. Despite the requirements of KCC § 17B.05.010(B)(1)(c)*, above, an archaeological survey shall not be required where the project proponent, the County, DAHP, and any affected Native American tribes, all approve a written plan for on-site project monitoring by a professional archaeologist throughout all project phases that include ground-disturbing work. This monitoring plan shall be drafted by a professional archaeologist at the applicant’s expense.
f.
Project modification alternative. Despite the requirements of KCC § 17B.05.010(B)(1)(c)*, above, an archaeological survey shall not be required where the project is modified so that it no longer triggers the risk factor(s) under KCC § 17B.05.010(B)(1)(c)* that would have resulted in the need for an archeological survey under these regulations.
2.
Inadvertent discoveries. Developers and property owners shall immediately stop work and notify the local government, DAHP, and affected Native American tribes if archaeological resources are discovered. Construction may recommence pursuant to RCW 27.44.040, RCW 27.53.040 and WAC 25-48-030. A notification stating this requirement shall be included on County shoreline permits, exemptions, and other project approval documents.
3.
Resource management. If significant cultural, archaeological, or historic resources, are identified in the project area, the project proponent shall engage a professional archaeologist (or a historic preservation professional, where appropriate) to prepare a resource management plan. The resource management plan shall, at a minimum, conform to DAHP's then-current management standards. In addition, a permit or other requirement administered by DAHP pursuant to RCW 27.44 and RCW 27.53 may apply.
(Ord. 2021-006, 2021; Ord. 2016-006, 2016; Ord. 2019-003, 2019)