Section 365-196-450 - Historic preservation(1)RCW 36.70A.020(13) calls on counties and cities to identify and encourage the preservation of lands, sites, and structures that have historical or archaeological significance, herein referred to as "cultural resources." Although the act does not require a separate historic preservation element, counties and cities must be guided by the historic preservation goal in their comprehensive plan.(2) Recommendations for meeting requirements. Cities and counties should address historic preservation in coordination with their other associated obligations.(a) Identifying cultural resources.(i) Counties and cities may use existing programs to identify cultural resources. Counties and cities may consult with the department of archaeology and historic preservation for information and technical assistance regarding identification and protection of cultural resources.(ii) Examples of existing programs that identify cultural resources include:(A) The National Register of Historic Places;(B) The Washington Heritage Register;(C) Properties that are identified by the department of archaeology and historic preservation (DAHP) to be eligible for listing in either one of these registers; and(D) Properties which are listed in a local register of historic places.(iii) Counties and cities should also identify areas designated as traditional cultural properties. A "traditional cultural property" is a property which has traditional cultural significance. It is associated with the cultural practices or beliefs of a living community that are rooted in that community's history, and are important in maintaining the continuing cultural identity of the community. Because the location of these sites is uncertain and not on a public register, counties and cities should cooperate with the cultural resource officers of any potentially affected tribal governments to establish a protocol to identify cultural resources and procedures to protect any cultural resources that are identified or discovered during development activity. Counties and cities may establish a cultural resource data-sharing agreement with the department of archaeology and historic preservation to help identify sites with potential cultural historic or archaeological significance.(iv) Counties and cities may, through existing data, attempt to identify sites with a high likelihood of containing cultural resources. If cultural resources are discovered during construction, irreversible damage to the resource may occur and significant and costly project delays are likely to occur. Establishing an early identification process can reduce the likelihood of these problems.(b) Encouraging preservation of cultural resources.(i) Counties and cities should include a process for encouraging the preservation of cultural resources. Counties and cities should start with an identification of existing state and federal requirements that encourage the preservation of cultural resources. These requirements include:(A) Executive Order 05-05;(B) Archaeological sites and resources (chapter 27.53 RCW);(C) Archaeological excavation and removal permit (chapter 25-48 WAC);(D) Indian graves and records (chapter 27.44 RCW);(E) Human remains legislation (HB 2624);(F) Abandoned and historic cemeteries and historic graves (chapter 68.60 RCW);(G) Surcharge for preservation of historical documents (RCW 36.22.170);(H) Shoreline Management Act (RCW 90.58.100);(I) SEPA procedures (WAC 197-11-960).(ii) Other potential strategies. Counties and cities should then assess if any additional steps are needed to implement the goals and policies established in the comprehensive plan regarding preservation of cultural resources. If a city or county determines any additional steps are needed, the following are other measures that are a means of encouraging the preservation of cultural resources: (A) Establish a local preservation program and a historic preservation commission through adoption of a local preservation ordinance. The department of archaeology and historic preservation provides guidance on using the National Certified Local Government program as a local program.(B) Establish zoning, financial, and procedural incentives for cultural and historic resource protection.(C) Authorize a special valuation for historic properties tax incentive program.(D) Establish incentives such as preservation covenants/easements and/or current use/open space taxation programs.(E) Establish design guidelines, and authorize historic overlay/historic district zoning.(F) Adopt the historic building code.(G) Establish a program for transfer of development rights to encourage historic preservation.Wash. Admin. Code § 365-196-450
Statutory Authority: RCW 36.70A.050 and 36.70A.190. 10-03-085, § 365-196-450, filed 1/19/10, effective 2/19/10.