8 Colo. Code Regs. § 1504-7-10

Current through Register Vol. 47, No. 22, November 25, 2024

Section 8 CCR 1504-7-10 - Obligations of state agencies with respect to state activities

A. Any archaeological or paleontological survey or excavation performed by a state agency on lands owned by the state of Colorado or its political subdivisions shall be subject to the permit system described in these regulations.

B. Consultation requirements.

1. Project proponents who anticipate applying for state funding assistance or entitlements of use may request the society's determinations regarding the project's potential effects on archaeological or historic resources in advance of, or simultaneously with, submittal of their applications. The society shall respond to such request within 10 business days.

2. In the event that any location of proposed state action includes properties listed on or nominated for the State Register of Historic Places, the state agency initiating the action shall request a determination of effect on such properties from the society pursuant to Section 24-80.1-104 CRS

3. In the event that historical, prehistorical or archaeological resources are discovered in the course of an agency action, the agency and/or project proponent(s) should refrain from knowingly damaging such resources and should notify the society.

a. To knowingly disturb historical, prehistorical or archaeological resources on public land is a misdemeanor; to knowingly disturb human remains on public or private lands is also a misdemeanor.

b. On private lands subject to state actions, the landowner or project proponent(s) should make reasonable efforts to avoid or minimize harm to newly discovered historical, prehistorical or archaeological resources. The landowner or project proponent(s) should notify the funding or permitting agency and the society as soon as possible after such a discovery. The agency, society, and landowner or project proponent(s) shall jointly develop a plan for the evaluation and treatment of the resource.

c. In the event that an adverse effect is anticipated, the agency, landowner, and project proponent(s) may enter into an agreement with the society on how to mitigate the effect.

8 CCR 1504-7-10

40 CR 13, July 10, 2017, effective 8/1/2017