The BCC intends to promote the educational, cultural and economic welfare of the public by the creation of a historic preservation commission and by establishing uniform procedures to preserve the county's historic resources and by enhancing public participation and involvement in the preservation and protection of such resources, including buildings, structures, monuments and other historic resources.

(Ord. No. 05-06-30, § 84)

A.

Boundaries of historic districts. Boundaries of historic districts shall be specified on tax maps and shall be described in the separate ordinances designating such districts. The properties within such historic districts shall be evaluated and classified as follows:

1.

Contributing historic. More than 50 years old and possessing architectural, cultural or historical significance or contributing character.

2.

Contributing non-historic. Less than 50 years old, possessing architectural, cultural or historical significance or contributing character.

3.

Non-contributing. Less than 50 years old and which do not contribute to the historical character of the district.

B.

Application for designation. Any historical society, neighborhood association, property owner or group of property owners may apply for designation of a historic district or a historic property upon a form provided by the HPC. Designation may also be initiated by the HPC or the BCC. However, the BCC is not to adopt by ordinance any designation of a historic property or historic district without the property owner(s) approval.

C.

Required public hearings. The BCC shall hold a public hearing on each proposed designation. Notice of such hearing shall be published at least once a week for two weeks in a newspaper of general circulation within the county, and written notice of the hearing shall be mailed to all owners and occupants of the subject properties, all at the expense of the applicant. The last notice shall be published and the notice shall be mailed not less than seven nor more than 20 days prior to the date set for the public hearing. A notice sent by United States mail, postage prepaid, to the last known address of the occupants and owners of the properties, as shown on the latest tax roll and a current utility bill, shall constitute legal notification under this chapter. The notification of the property owners and occupants shall describe the property to be designated, shall set forth the names of the owners of the property and shall provide that a certificate of appropriateness will have to be obtained from the historic preservation commission prior to any material change in the appearance of the property if it is so designated. All designations shall be made by Highlands County by ordinance adopted as provided by law.

D.

Designations. The criteria for the designation of historic properties and historic districts shall be that such property or districts must have significant character, interest or value as part of the historical, cultural, archaeological, aesthetic or architectural heritage of the county, and shall meet one or more of the following criteria:

1.

Historical or cultural significance:

a.

Is associated in a significant way with the life or activities of a major historic person; or

b.

Is the site of a historic event with significant effect upon the community, city, state or nation; or

c.

Is associated in a significant way with a major historic event whether cultural, economic, military, social or political; or

d.

Exemplifies the historical, cultural, political, economic or social trends of the community; or

e.

Is associated in a significant way with a past or continuing institution which has contributed substantially to the life of the county.

2.

Architectural significance:

a.

Portrays an era of history characterized by one or more distinctive architectural styles; or

b.

Embodies those distinguishing characteristics of an architectural style, or period, or method of construction; or

c.

Is an outstanding work of a prominent designer or builder; or

d.

Contains elements of design, detail, materials or craftsmanship of outstanding quality or which represent a significant innovation or adaptation to the county's environment.

3.

Aesthetic significance:

a.

By being part of or related to a subdivision, park, environment feature or other distinctive area, should be developed or preserved according to a plan based on a historic, cultural or architectural motif; or

b.

Because of its prominence or spatial location, contrasts of siting, age or scale, is an easily identifiable visual feature of a neighborhood of the county, and contributes to the distinctive quality or identity of such neighborhood or of the county.

4.

Archaeological significance: Has yielded, or may be likely to yield, information important in prehistoric history or history.

E.

Notification of adoption of designation. Within 30 days following the adoption of the designation, all owners and occupants of each designated historic property and of each property within each designated historic district shall be given written notice of such designation by the HPC, which notice shall apprize said owners and occupants of the necessity of obtaining a certificate of appropriateness prior to the undertaking of any material change in appearance of the historical property or any property within the historic district.

F.

Notification of other agencies. The HPC shall notify all appropriate agencies within and without the county, and the local historical organizations of such designation.

G.

Moratorium on building or demolition permits pending determination of request for designation. If a proposal for designation is being considered, the BCC may impose a moratorium on building, demolition and moving permits in regard to that property for a period of up to six months while the HPC and BCC considers the appropriateness of designation. The owner of property shall have the right to obtain a permit, irrespective of the existence of the moratorium, if the owner applies for and obtains a certificate of appropriateness from the HPC, as if the property had been so designated.

(Ord. No. 05-06-30, § 84)

A.

Alterations of existing buildings, sites and monuments. After the designation by ordinance of a historic property or historic district, no material change in the exterior architectural features or material change in the appearance of such historic property or of any structure, site or monument within such historic district shall be made or permitted to be made, unless or until application for a certificate of appropriateness has been submitted to and approved by the HPC or, under specific conditions, its staff. All alterations shall conform to the plans submitted and approved, except as provided herein.

B.

New construction within historic district. No new construction shall be begun within a historic district until an application for a certificate of appropriateness has been submitted to and approved by the HPC. New construction shall conform in design, scale and setback to the character of the historic district as specified in the HPCs design guidelines.

C.

Demolition or relocation applications. Anyone requesting a permit to demolish or relocate a structure within a historic district or any structure that has been classified as a historic property shall first apply to the historic preservation commission for a certificate of appropriateness.

D.

Application. Applications for certificates of appropriateness shall be on such forms as may be designated by the HPC and be accompanied by such drawings, photographs or plans as may be required by the HPC. The application shall also include the post-demolition and/or relocation plans for the property and the plans and specifications of any building that will replace the structure.

E.

Delegation of review authority. The HPC may establish specific guidelines within which its staff may issue certificates of appropriateness without review by the HPC. Should an application be denied by staff, the same shall be referred to the HPC for further consideration, as if it were a new application.

F.

Review by historic preservation commission. The HPC shall review all applications which are not subject only to staff review and all applications which are not approved by staff within the guidelines established by the HPC for staff approval. After such review, the HPC shall either:

1.

Approve the application and issue a certificate of appropriateness if it finds that the proposed changes in the appearance would not have a substantial adverse effect on the historic property or the historic district. In making this determination, the HPC shall consider, in addition to any other appropriate factors, the historical and architectural value and significance, architectural style, general design arrangement, texture and materials of the architectural features involved and the relationship thereof to the architectural style and pertinent features of the other structures in the immediate neighborhood; or

2.

Deny the application and not issue a certificate of appropriateness if it finds that the proposed changes in appearance would have a substantial adverse effect on the aesthetic, historic or architectural significance and value of the historic property or the historic district or if it finds that insufficient information, plans or specifications have been submitted by applicant.

G.

Time limit on making decisions. A decision shall be made by the HPC within 90 days after the filing of a complete application. Failure of the HPC to act within such 90 days shall constitute approval and a certificate of appropriateness will be promptly issued thereafter. This time limit may be waived at any time by mutual written consent of the applicant and the HPC.

H.

Decision of denial in writing. In the event the HPC denies the application, it shall state its reasons for doing so in writing, and shall transmit a record of such actions and reasons to the applicant and the BCC. The HPC may also suggest any alternative course of action it believes proper and the applicant, if he or she so desires, may modify the plans and resubmit the application.

(Ord. No. 05-06-30, § 84)

Certificates of appropriateness shall be valid for a period of 18 months and shall be renewable for good cause shown. Any certificate of appropriateness upon which construction has not been commenced within six months from the date of issuance shall be canceled and shall be of no further force or effect.

(Ord. No. 05-06-30, § 84)

Any person adversely affected by any decision of the HPC may appeal such decision to the BCC, in writing, within 30 days after the decision is rendered. The BCC may approve, modify or reject the decision of the HPC upon such appeal. Appeals from any decision of the BCC may be taken to circuit court in the manner provided by law.

(Ord. No. 05-06-30, § 84)

Where by reason of unusual circumstances, the strict application of any provision of this chapter would result in exceptional practical difficulty or undue hardship upon any owner of a property, the HPC may vary or modify strict adherence to such provision so as to relieve the difficulty or undue economic hardship, providing such variance does not detract from the general purpose and intent of this chapter and so long as the architectural or historical integrity, or character of the property, shall be conserved. In granting such variances, the HPC may impose such reasonable and additional conditions as will, in its judgment, best fulfill the purpose of this chapter. An undue economic hardship or exceptional practical difficulty must be unique to a specific property, shall not have been created by an owner or occupant of the property and the granting of the variance must not create a conflict with any other county ordinance. If a property owner is able to demonstrate, to the historic preservation commission's reasonable satisfaction, that a historic property, or a structure located in a historic district, is incapable of earning an economic return on its value, as appraised, and the HPC has otherwise refused to issue a certificate of appropriateness for demolition, a variance will be granted and a permit for demolition will be issued after the delay established on the schedule set forth below. Such delay shall begin upon the granting of the variance and a notice shall thereafter be promptly posted on the premises, at a location clearly visible from the street, of sufficient size and language so as to give interested persons within the county, including historical societies or organizations, the opportunity to attempt to acquire or otherwise arrange for the preservation of such structure. The delay shall be:

A.

For buildings rated contributing historic—12 months;

B.

For buildings rated contributing non-historic—12 months; and

C.

For buildings rated nonconforming—No delay.

The HPC may, at any time during such stay, approve a certificate of appropriateness, in which event the permit for demolition shall be issued without further delay.

(Ord. No. 05-06-30, § 84)

Any change in work proposed subsequent to the issuance of a certificate of appropriateness shall be received by the HPCs staff and, if the staff finds that the proposed change is minimal and does not materially affect the aesthetic character, or is otherwise in accordance with guidelines established by the HPC, it may approve the change, otherwise a new application for a certificate of appropriateness will be required.

(Ord. No. 05-06-30, § 84)

Nothing in this chapter shall be construed to prevent the ordinary maintenance of any exterior element of any building or structure which does not involve a change of design, appearance or material and which does not require a building permit. If the HPC determines that any historic property or any structure within a historic district is endangered by lack of ordinary maintenance and repair or that any improvement in visual proximity to a historic property or historic district is endangered by lack of ordinary maintenance and repair to such extent that it detracts from the desirable character of the historic property or historic district, the HPC may request the building official, the code enforcement officer or any other appropriate official or agency of the county to require correction of such deficiency under the authority and procedures of applicable ordinances, laws and regulations.

(Ord. No. 05-06-30, § 84)

In the event the building official determines that any historic property or any structure within a historic district is unsafe, pursuant to Highlands County Code of Ordinances, the building official will immediately notify the HPC and submit to them copies of his findings. Where appropriate, and in accordance with applicable ordinances, the building official will attempt to have the structure repaired rather than demolished, and will take into consideration any comments and recommendations by the HPC. The HPC may also endeavor to negotiate with the owner and any interested parties, providing that such actions do not interfere with the building official's duties and within such reasonable time limits as may be established by the building official.

(Ord. No. 05-06-30, § 84)

For the purpose of remedying emergency conditions determined to be imminently dangerous to life, health or property, nothing contained herein will prevent the making of any temporary construction, reconstruction, demolition or other repairs to a historic property or a structure within a historic district. Such temporary construction, reconstruction or demolition will take place pursuant to permission granted by the building official, and then only for such work as the building official may determine to be reasonably necessary to correct such condition.

The owner of a historic property or an improvement in a historic district which is damaged by fire or natural calamity will be permitted to immediately stabilize the improvement and to rehabilitate it later under the procedures required by the ordinances of the county, so long as the property is secured to the satisfaction of the building official and a permit is obtained to commence restoration within such time period as deemed reasonable by the building official. The owner may request a special meeting of the HPC to consider an application for a certificate of appropriateness which would provide for repairs of a more permanent nature.

(Ord. No. 05-06-30, § 84)

In the event that the HPC reasonably believes that an historic property or a structure or building in a historic district is being demolished by neglect, as defined by this chapter, the HPC shall notify the owner of record by certified mail of its preliminary findings and its intent to hold a public hearing within 30 days to determine evidence of neglect. The owner shall have until the time of the public hearing to make necessary repairs to rectify the evidence of neglect as identified in the notice. If the owner fails to rectify the structural, health or safety hazards identified in the initial notice within such 30 days, the HPC shall hold a public hearing to consider recommending to the code enforcement officer that the owner be issued a citation for code violation. The owner shall have the right to any rebuttal at that public hearing. If the HPC finds that the structure is being demolished by neglect pursuant to this chapter, the HPC shall recommend to the code enforcement officer that the owner be issued a citation for code violation and that penalties be instituted pursuant to the code enforcement ordinance and/or this chapter.

(Ord. No. 05-06-30, § 84)

A.

The historic preservation commission, the county, building official and/or the code enforcement officers are hereby designated and authorized to enforce the terms of this chapter.

B.

Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this chapter shall be required to restore the subject improvement, feature or site in accordance with a certificate of appropriateness approved by the HPC.

C.

Any person found guilty of violating any provisions of this chapter shall be punished by a fine not exceeding $500.00 or by imprisonment in the county jail for not more than 60 days, or by both such fine and imprisonment.

(Ord. No. 05-06-30, § 84)

Nothing in this chapter shall be construed as exempting any property owner from complying with existing or future the county, building codes, nor as preventing any property owner from making any use of his property not prohibited by other statutes, ordinances or regulations.

(Ord. No. 05-06-30, § 84)

This historical preservation ordinance is not a use ordinance and all the county zoning laws remain in effect unless and until specifically modified.

(Ord. No. 05-06-30, § 84)

The HPC shall evaluate national register nomination proposals received for completeness in a timely manner. Should the nomination proposal not be technically completed, the HPC shall notify the proposal's sponsor in writing, identifying the technical deficiencies, within 30 days after receipt of the nomination proposal. The proposal shall be in the form, and contain all information and attachments as required by the National Park Service, as set forth at 36 CFR part 60, incorporated herein by reference. If the nomination proposal is technically complete, the HPC shall place the item on its agenda for the next meeting or, should notification provisions set forth below make this impossible, for the earliest possible regular meeting. The HPC shall notify the persons set forth below of its intention to consider a nomination proposal. In all cases, such notification shall occur at least 30 days but not more than 75 days prior to the HPC meeting at which the nomination proposal will be considered.

A.

Owner(s) of record of the property. The list of owners shall be obtained from official tax records. Where there is more than one owner on the list, each separate owner shall be notified.

B.

Appropriate local official. This is the chairman of the BCC. Within 30 days after receipt of the nomination proposal, the appropriate local official shall submit in writing to the HPC a recommendation as to whether or not the property shall be nominated to the National Register.

C.

State historic preservation officer. Nomination proposals shall be considered by the HPC at a public meeting, and all votes on nomination proposals shall be recorded and made a part of the permanent record of the HPC meeting. All nomination proposals shall be forwarded, with a record of official action taken by the HPC and the recommendation of the appropriate local official, to the state historic preservation officer within 30 days after the HPC meeting at which they were considered.

D.

Permanent ordinance. Any person or organization which supports or opposes the nomination of a property to the National Register shall be afforded the opportunity to make its views known in writing. All such correspondence regarding a nomination proposal shall become part of the permanent record concerning that proposal and shall be forwarded with approved proposals to the state historic preservation officer. In the case of disapproved nomination proposals, letters of support or comment shall be made a part of the permanent record concerning that proposal, and a list of such letters shall accompany the official copy of the disapproved nomination proposal when it is forwarded to the state historic preservation officer.

E.

Public inspection. Nomination proposals to be considered by the HPC shall be on file at the HPCs administrative office for at least 30 days but not more than 75 days prior to the HPC meeting at which they will be considered. A copy will be made available by mail when requested by the public and shall be made available at a location of reasonable local public access, so that written comments regarding a nomination proposal can be prepared.

F.

Objections by property owners. Objections by property owners must be in the form of a written, notarized statement certifying the owner's objection to the nomination.

G.

Criteria for evaluation. The following criteria shall be used by the HPC in evaluating properties for nomination to the National Register.

1.

Quality. The quality of significance in American history, architecture, archaeology, engineering, and culture is present in districts, sites, buildings, structures and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association and:

a.

That are associated with events that have made a significant contribution to the broad patterns of our history; or

b.

That are associated with the lives of persons significant in our past; or

c.

That embody the distinctive characteristics of a type, period or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or

d.

That had yielded, or may be likely to yield, information important in prehistory or history.

2.

Criteria considerations. Ordinarily, cemeteries, birthplaces, or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall not be considered eligible for the National Register. However, such properties will qualify if they are integral parts of districts that do meet the criteria of subsection (1) if they fall within the following categories:

a.

A religious property deriving primary significance from architectural or artistic distinction or historical importance; or

b.

A building or structure removed from its original location but which is significant primarily for architectural value, or which is the surviving structure most importantly associated with a historic person or event; or

c.

A birthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building directly associated with his productive life; or

d.

A cemetery which derives its primary significance from graves of persons of transcendent importance from age, from distinctive design features, or from association with historic events; or

e.

A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; or

f.

A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; or

g.

A property achieving significance within the past 50 years if it is of exceptional importance.

H.

Appeals. Any person may appeal the decisions of the HPC regarding nominations or proposals to the National Register. Appeals shall be directed to the state historic preservation officer in writing within 30 days after the decision by the HPC.

(Ord. No. 05-06-30, § 84)

This section establishes procedures for identifying and investigating, prior to the issuance of a county development order or permit, those sites within the unincorporated area of Highlands County, Florida, which may contain an archaeological resource. It further sets forth requirements for the protection of significant archaeological resources pursuant to a county development order or permit or whenever such resources are encountered during construction or other activities involving the physical disturbance of land.

(Ord. No. 05-06-30, § 84)

Existing in Highlands County, Florida, are sites and artifacts, which can be of inestimable value in understanding the history and prehistory, of the early inhabitants of this county, the Central Florida region, and the state. Therefore, it is in the public interest to preserve the integrity of the county's archaeological record in a manner that prevents its loss or degradation and in a manner which protects these resources for scientific and educational study into the future. It is the intent of this section that, to the extent possible, significant archaeological resources shall be preserved in an undisturbed state until such time as they can be scientifically examined, cataloged, and excavated under the supervision of a qualified archaeological agent.

(Ord. No. 05-06-30, § 84)

When evaluating the significance of any archaeological resource for preservation, regard shall first be given to the artifacts it contains and its potential for contributing to the scientific record of prehistoric or historic Florida. Evidence for such archaeological records includes artifacts of early inhabitants or evidence of their activities which particularly express the historic or cultural significance the archaeological resource has to:

A.

Native American cultures and their modern descendants;

B.

Early European exploration and settlements in the Americas; or

C.

The pioneer movement of the State of Florida.

(Ord. No. 05-06-30, § 84)

A.

An archaeological reconnaissance survey and report are required before the issuance of any development order or the commencement of work whenever development activity, construction, or any other physical disturbance of land:

1.

Takes place within a designated archaeologically sensitive area, and, is listed in the FMSF as "significant" or as "significance unknown" requiring further investigation; or

2.

Takes place within a recently discovered site that has not yet been entered into the FMSF; or

3.

Will involve disposition of buried human remains as directed by F.S. Ch. 872; and

4.

Will involve the movement, displacement, or excavation of earth to a depth of six or more inches below existing grade, including

a.

Grading and trenching;

b.

Paving, concrete flatwork, and foundation work;

c.

Installation of underground structures and flood control or drainage improvements;

d.

Tilling or disking of undisturbed soils;

e.

Land clearing; and

f.

Mining.

B.

Undiscovered archaeological resource. An archaeological reconnaissance survey shall be required whenever a previously undiscovered archaeological resource is encountered during development, construction, or other activities involving the physical disturbance of land. All activities which may disturb the resource shall be immediately stopped and an archaeological confinement zone established. Notification of any such find shall be given to the planning department within two business days from the date of its discovery. In the event the archaeological resource that is encountered is considered significant, as determined by the HPC from an archaeological reconnaissance survey, an archaeological reconnaissance report shall be required guided by the requirements cited below.

C.

Report previously filed. An archaeological investigation shall not be required if an archaeological site reconnaissance report for the affected property within an archaeologically sensitive area is on file at the Highlands County Planning Department, or, if a certificate to proceed has been issued indicating that no significant archaeological resources exist on the site. However, this shall not be construed so as to exempt any affected party from satisfying the requirements of these provisions or from the necessity to update such reports in accordance with these provisions or from the necessity to prepare such a report for another archaeological resource on the site.

D.

Contents of archaeological reconnaissance report. The archaeological investigation shall be conducted by a qualified archaeological agent, who shall prepare an archaeological reconnaissance report consistent with the professional criteria and standards established by the guidelines manual that is most recently published by the Florida Division of Historic Resources. At a minimum, archaeological reconnaissance reports shall contain the following information:

1.

An aerial photographic map - or an aerial topographic map, where available - which identifies the location and perimeter of the archaeological resource in relationship to property lines, physical features, and development features of the site;

2.

A description of the content, physical form, and other attributes of the archaeological resource;

3.

An analysis of the quality and integrity of the archaeological resource;

4.

A statement of finding which determines whether or not the archaeological resource is significant;

5.

Recommended measures for:

a.

The permanent protection of any significant archaeological resource found at the site; or

b.

Mitigating impacts to the archaeological resource resulting from any land use activities on the site, including options for on-site preservation, restoration, relocation, or scientific excavation.

c.

Proper procedures for scientific excavation of the archaeological resource;

d.

Temporary measures to protect the archaeological resource from disturbance during site preparation and construction; and

6.

Appendices containing. citations of applicable federal and state laws and Florida Administrative Codes; a bibliography of reference documents that were used; all supporting documentation for the analysis, the statement of finding, and report recommendations; plus, background information on federal tax credits for easement dedications, donation of artifacts, etc.

Note: Property tax abatements or reductions for a dedicated area may be available via the Highlands County Property Appraiser's office.

E.

Archaeologist recommendations. In reporting their recommendations, qualified archaeological agents shall:

1.

Address a preferred method for permanent identification of the archaeological resource, such as recording the archaeological survey map in the Official Records of Highlands County, or record to deed restrictions, and plat notations, inclusion to the Florida Master site file and, if applicable, the National Register of Historic Places; and

2.

Incorporate provisions for a qualified archaeological agent to inspect site development plans and to conduct field inspections as minimum measures to assure conformance with those recommendations which are made part of the county's action.

3.

Recommendations shall explain how a scientific excavation of the archaeological resource shall be conducted by a qualified archaeological agent. Whenever deed restrictions are recommended as a means to protect the archaeological resource on the site, such deed restrictions shall be noted on the appropriate plat or site plan and incorporated into the development order so as to prohibit any disturbance to or degradation of the resource without prior written authorization from the county.

(Ord. No. 05-06-30, § 84)

A.

Verifying the presence of an archaeological resource. The planning department shall review all applications for a county development order in accordance with the provisions of this section for the purpose of verifying the presence of an archaeological resource which may be affected by the proposed use of land or activity thereon. In the event the historical/archaeological portion for the conservation overlay map series indicates the site addressed in the application encompasses an archaeological resource, or is within a portion of a 300-foot radius from a known archaeological resource that requires further investigation as determined by the FMSF, the applicant will be required to initiate an archaeological reconnaissance survey with a report submitted to the planning department.

B.

Distribution of reports. The planning department will send the report to the HPC for their recommendation within five working days after receiving the report from the applicant. The HPC will make an appropriateness determination according to this division. When an archaeological reconnaissance report has been filed for the site, the HPC will issue a certificate of appropriateness within five working days of their determination.

C.

Verified archaeological resource. Whenever the presence of an archaeological resource is verified and is determined significant and for which no archaeological reconnaissance report exists, the planning department shall, within five working days of their determination, notify the applicant by certified mail, with return receipt requested, of the following:

1.

The reason why an archaeological reconnaissance report must be submitted before the application can be deemed complete for processing; and

2.

The requirement that the applicant select a qualified archaeological agent to prepare an archaeological reconnaissance report. (a list of qualified archaeologists as approved by the Highlands County HPC is maintained by the planning department.)

D.

Discovered archaeological resource. Whenever the presence of an unknown archaeological resource is discovered notice shall be given to the planning department. The planning department shall post the approximate limits of the archaeological confinement zone and notify all affected property owners by certified mail of the following within two working days of receiving notice:

1.

That all activities within the posted archaeological confinement zone must cease until an archaeological investigation is conducted in accordance with these provisions;

2.

The reason why an archaeological reconnaissance report must be submitted before the application can be deemed complete for processing or before the recommencement of work can be authorized; and

3.

The requirement that the applicant select a qualified archaeological agent to perform the field investigation and to prepare the report.

E.

Other notification. The Highlands County Planning Department shall also give similar notifications by regular mail to those interested parties, agencies, and organizations who file a written request to be notified of impending archaeological clearance reviews.

F.

Planning department transmits recommendation. No action shall be taken on a county development order, nor shall activities be recommenced within an archaeological confinement zone, until the planning department transmits the recommendation of the HPC by means of their certificate of appropriateness to the county authority responsible for issuing the development order or for authorizing the recommencement of activities.

G.

Complete application. When the archaeological reconnaissance report is filed with the planning department, any affected application for a county development order will be deemed complete for processing.

H.

Sufficient report. Upon the submittal of the archaeological reconnaissance report to the planning department, copies of the report shall be transmitted to the HPC, to the Florida Division of Historic Resources, and to the county authority that will act upon the affected development order. A 30-calendar day review period shall commence from this transmittal date. Comments received during this time period from any government agency and interested and affected persons will be entered into the record for consideration at the HPCs next available meeting date after the 30-day review period. Upon review of the archaeological reconnaissance report and in consideration of the comments, documents, and testimony presented at its meeting from responding government agencies, county staff, and affected and interested persons, the HPC shall make any one of the following findings for the record:

1.

That the investigated archaeological resource qualifies as a significant archaeological resource and may be detrimentally impacted by the uses proposed or the activities occurring thereupon; or

2.

That the investigated archaeological resource does not exist on the property or does not qualify as a significant archaeological resource; or

3.

That the archaeological reconnaissance report does not contain sufficient information about the archaeological resource to make either of the above findings.

I.

Insufficient report. Whenever the HPC finds the archaeological reconnaissance report is insufficient pursuant to section 12.12.416, it shall instruct the preparer to supplement the report in writing, with information it reasonably requires, to make a finding. The preparer shall have 30 calendar days to augment the initial report with the information requested by the HPC. However, the preparer shall have the option to request an additional 30 calendar days to provide this requested information, which the planning department shall grant upon receipt of a written reasonable request. In the event the requested additional information is not received, the HPC may return the report and all supporting material to the planning department. The procedure in section 12.12.416 shall be repeated with any re-submission to the planning department.

J.

Significant archaeological resource not present. Whenever the HPC finds that a significant archaeological resource is not present, it shall issue a certificate to proceed and recommend to the planning department that processing of the application for a county development order may proceed or that activities within the archaeological confinement zone may recommence.

K.

Significant archaeological resource present. Whenever the HPC finds that a significant archaeological resource is present pursuant to section 12.12.416, it shall issue a certificate of appropriateness and recommend to the planning department whatever measures it deems necessary to protect, preserve, or conserve the resource.

L.

Condition to development order. A county development order for a development site which contains a significant archaeological resource or an order allowing the recommencement of activities within an archaeological confinement zone shall incorporate the conditions transmitted by the planning department, and shall issue them in accordance with the recommendations of the HPC. At a minimum, the following shall be incorporated into the development order or recommencement action:

1.

That a location map of the resource be recorded in the Public Records of Highlands County and be filed with the Florida Division of Historical Resources.

2.

That plats and plans note and locate the existence of all significant archaeological resources, specifying setbacks, easements, dedications, or protection measures pertaining thereto.

3.

That complete and accurate records of field investigations and excavations be filed with the Florida Department of Historical Resources and the Highlands County Planning Department.

(Ord. No. 05-06-30, § 84)

There are areas along the river and within the county where prehistoric or historic habitation has occurred. The Kissimmee River and its adjacent embankment and floodplain is an archaeological confinement zone, with a depth of 500 feet existing westward from the river's mean annual flood zone within Highlands County. For clarification, "river" may mean the C-38 canal or an old run of the Kissimmee River, which ever constitutes the most westerly bank within the county. Any development proposed within this potential resource area will be required to submit a preliminary archaeological reconnaissance survey with their application for a development order.

(Ord. No. 05-06-30, § 84)

A.

Protection. Measures taken to protect an archaeological site may be either temporary or permanent. When a site is to be protected, it is to be shielded from deterioration, damage, and from artifact collection by other than the professional archaeologist designated by the property owner to assess the site's significance. Site protection is designed to sustain the existing form and integrity of the site. Protective measures actually adopted are site specific, and may include (but not be limited to) the following steps and considerations where appropriate:

1.

Designing the development site plan to avoid significant archaeological sites and/or to include them in natural open space preservation area. This design action will require the establishment of protective covenants or preservation easement between the county and the property owner, those proposing to develop the property, or any other authorized entities.

2.

Satisfactory protection may also be achieved, under appropriate circumstances, by means of fencing, on-site public notices, covering with fill or paving over buried archaeological resources, stabilization or a combination of these.

3.

Even though basic protective measures have been agreed upon at a development site, care must be taken to avoid indirect impact to the archaeological resources as a result of development site preparation and constructive activities. Examples of indirect impact are disturbance by the maneuvering of heavy equipment, delivery of construction materials and digging of utility line trenches.

B.

Mitigation. The term "mitigation" refers to professional archaeological excavation of that portion of a significant archaeological site which is threatened by an adverse impact and which cannot be preserved.

1.

If feasible, an archaeological site which has been designated a significant should be preserved and protected from adverse impact.

2.

If it is not feasible to preserve the site, then the portion to be impacted should be excavated by professional archaeologists in order to recover and interpret the information which the site contains. The excavation should be conducted by a professional archaeologist in accordance the Section 4.6 of the guidelines contained in the Historical Preservation Compliance Review Program of the Florida Division of Historical Resources.

3.

Since the goal of archaeological mitigation is to recover the information contained within a site, mitigative excavation projects also include analysis of recovered materials (artifacts, faunal material, botanical material, radiocarbon samples, etc.) and the preservation of the findings in a detailed technical report.

(Ord. No. 05-06-30, § 84)

A.

Site disturbance. It shall be unlawful to willingly and knowingly excavate, deface, degrade, or disturb in any fashion whatsoever any significant archaeological resource existing within the unincorporated area of Highlands County, except in accordance with this section. Any person convicted of violation of any of the provisions of this section shall be punished by a fine not to exceed $500.00 or by imprisonment in the county jail for a period not to exceed 60 days, or both such fine and imprisonment. Violation shall also constitute cause for the reconsideration or revocation of a county development order, denying an application for a county development order, or prohibiting the recommencement of activities within an archaeological confinement zone.

B.

Burial disturbance. To knowingly disturb human burial remains is a third degree felony in the State of Florida. Individuals who do so can be prosecuted under Chapter 872, F.S.1987 (Offenses Concerning Dead Bodies and Graves). The law includes prehistoric as well as historic period interments, aboriginal burial mounds and cemeteries, including historic period cemeteries. Procedures for dealing with the discovery of unmarked human burials are outlined in F.S. § 872.05(4). If unmarked human burials are suspected in an area that will be subject to ground disturbing activities, the area should first be surveyed by a professional archaeologist in order to locate such remains. Procedures for dealing with human remains during an archaeological investigation are present in F.S. § 872.05(5)—(7). Any located human interments should be preserved in place, if possible, or if it is necessary to excavate or otherwise move the remains, efforts should be made to identify and contact persons who may have a direct kinship, tribal, community or ethnic relationship with the deceased in order to arrange for their appropriate disposition.

(Ord. No. 05-06-30, § 84)

A.

Notice of appeal. A property owner or authorized agent desiring to appeal the determination of the HPC shall file a verified notice of appeal within 30 days after the date of mailing of the determination by certified mail or personal delivery to the office of the county administrator.

B.

Appeal procedure. A property owner or authorized agent may appeal the determination of the HPC to a hearing officer, pursuant to Division 2 of Article 2 of this Code.

C.

Appeal from decision of hearing officer. An aggrieved party may appeal a final order of the hearing officer to the Circuit Court in Highlands County, Florida, within 30 days after the filing of such decision in the office of the county administrator but not thereafter. Review in the circuit court shall be by petition for writ of certiorari, which shall be governed by the Florida Rules of Appellate Procedure.

(Ord. No. 05-06-30, § 84)