252 Archaeological Resources
A. The purpose of this chapter is to protect archaeological and cultural resources within the City of Snohomish for future generations, in order to:
1. Safeguard the heritage of the City as represented by those sites and objects which reflect significant elements of City history;
2. Foster civic pride and a sense of identity with City history;
3. Promote and facilitate the early identification and resolution of conflicts between preservation of archaeological and historic resources and land uses; and
4. Comply with all federal and state laws related to regulation of archaeological and cultural sites.
B. In Washington State, archaeology sites and Native American grave sites are protected by both federal and state laws. This chapter does not repeal, modify, or waive any provision of federal or state law currently enacted, or as enacted in the future, that regulates archaeological sites including, but not limited to: the Archaeological Resource Protection Act of 1979 (16 U.S.C. 470(aa) through (mm)); the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); the National Historic Preservation Act (16 U.S.C. 470 et seq.); Chapter 27.44 RCW titled “Indian Graves and Records”; Chapter 27.53 RCW titled “Archaeological Sites and Resources”; Chapter 68.50 RCW titled “Human Remains”; and Chapter 68.60 RCW titled “Abandoned and Historic Cemeteries and Historic Graves.”
C. This chapter applies to:
1. Properties and sites with a known or suspected presence of archaeological or cultural resources.
2. Properties listed on the Washington Information System for Architectural and Archaeological Records Data (WISAARD). (Ord. 2369, 2019)
Nothing contained in this chapter shall be construed as repealing, modifying, or waiving any other provision of this title. (Ord. 2369, 2019)
A. Known archaeological sites are recorded on the Washington Information System for Architectural and Archaeological Records Data (WISAARD).
The City shall establish and maintain a data sharing memorandum of understanding with the Washington State Department of Archaeology and Historic Preservation (DAHP). The data supplied by the DAHP shall be securely implemented on the City’s computer system and used to determine potential conflicts with archaeological sites and historic properties.
B. An archaeological site may cover only a portion of a property, parcel, or lot and may extend onto more than one (1) property, parcel, or lot.
C. Completion of a professional archeological survey shall be required for any development application for construction, earth movement, clearing, or other site disturbance of a known or suspected archaeological site. An archaeological survey may also be required based on information provided by tribes or county and/or state professional archaeologists that the project location has a high probability for containing archaeological resources.
1. Archaeological reporting shall take place through the Washington State Department of Archaeology and Historic Preservation’s online WISAARD application.
D. An archaeology survey report required under subsection C of this section shall:
1. Be written by a professional archaeologist as defined in RCW 27.53.030(11).
2. Meet state and professional standards for cultural resources reporting.
3. Be submitted to the Department by the property owner or project proponent.
4. Include the location and extent of the archaeological resources located on site.
5. Include recommendations for avoidance or minimization of impacts on archaeological resources if present, and recommendations for additional archaeological work and/or permitting to comply with state or federal laws for the protection and preservation of archaeological resources. When ground disturbance impacts on archaeological resources are unavoidable, the project proponent shall apply for an archaeological excavation permit through the Washington State Department of Archaeology and Historic Preservation.
6. Include the results of consultation with any affected Indian tribe.
E. The Department shall provide a copy of the archaeology site report to any affected Indian tribe and the Washington State Department of Archaeology and Historic Preservation. (Ord. 2369, 2019)
A. The City approving authority shall not issue a permit for any development activity or project approval requiring an archaeology site report pursuant to SMC 14.252.030 without considering the archaeology site report and any comments on the report submitted by an affected Indian tribe and any additional archaeological work and permitting required under Chapter 27.53 RCW.
B. Based on the information contained in the archaeology survey report and any comments submitted by the affected Indian tribe(s) obtained during the consultation process, the City approving authority will condition the permit or project approval to comply with any permitting and/or additional archaeological work required under federal and state laws for the protection of archaeological resources. (Ord. 2369, 2019)
A. If, during the course of construction, earth movement, clearing, or other site disturbance, archaeological resources are encountered, all work shall cease immediately. Under these circumstances, the Department may issue a stop work order pursuant to Chapter 14.85 SMC.
B. The applicant shall immediately notify the Planning Director and promptly notify any affected Indian tribe, the Snohomish County Archaeologist and the Washington State Department of Archaeology and Historic Preservation (DAHP).
C. Ground disturbance may not proceed until consultation with any affected Indian tribe, the Snohomish County Archaeologist, and DAHP is completed.
D. No ground disturbance shall proceed until the Department and the applicant have reached an agreement in consultation with the DAHP and any affected Indian tribe regarding a plan for mitigation or preservation of archaeological resources. (Ord. 2369, 2019)
A. If, during the course of construction, earth movement, clearing, or other site disturbance, human remains are encountered, all work shall cease immediately in an area large enough to protect the find. Under these circumstances, the Department may issue a stop work order pursuant to Chapter 14.85 SMC. The applicant shall immediately notify the Planning Director and promptly notify any affected Indian tribe, the Snohomish County Archaeologist and the Washington State Department of Archaeology and Historic Preservation (DAHP).
B. The finding of human skeletal remains will be reported to the county medical examiner/coroner and local law enforcement in the most expeditious manner possible. The remains will not be touched, moved, or further disturbed. The Snohomish County medical examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or nonforensic. If the Snohomish County medical examiner/coroner determines the remains are nonforensic, then they will report that finding to the Department of Archaeology and Historic Preservation (DAHP) who will then take jurisdiction over the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or non-Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains. (Ord. 2369, 2019)
Any permit or land use decision issued with conditions imposed pursuant to this chapter may be appealed under the provisions of Chapter 14.20 SMC relating to the specific permit classification that was issued. (Ord. 2369, 2019)
If any one (1) or more sections, subsections, or sentences of this chapter are held to be unconstitutional or invalid, such decisions shall not affect the validity of the remaining portions of this code, and the same shall remain in full force and effect. (Ord. 2369, 2019)
252 Archaeological Resources
A. The purpose of this chapter is to protect archaeological and cultural resources within the City of Snohomish for future generations, in order to:
1. Safeguard the heritage of the City as represented by those sites and objects which reflect significant elements of City history;
2. Foster civic pride and a sense of identity with City history;
3. Promote and facilitate the early identification and resolution of conflicts between preservation of archaeological and historic resources and land uses; and
4. Comply with all federal and state laws related to regulation of archaeological and cultural sites.
B. In Washington State, archaeology sites and Native American grave sites are protected by both federal and state laws. This chapter does not repeal, modify, or waive any provision of federal or state law currently enacted, or as enacted in the future, that regulates archaeological sites including, but not limited to: the Archaeological Resource Protection Act of 1979 (16 U.S.C. 470(aa) through (mm)); the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); the National Historic Preservation Act (16 U.S.C. 470 et seq.); Chapter 27.44 RCW titled “Indian Graves and Records”; Chapter 27.53 RCW titled “Archaeological Sites and Resources”; Chapter 68.50 RCW titled “Human Remains”; and Chapter 68.60 RCW titled “Abandoned and Historic Cemeteries and Historic Graves.”
C. This chapter applies to:
1. Properties and sites with a known or suspected presence of archaeological or cultural resources.
2. Properties listed on the Washington Information System for Architectural and Archaeological Records Data (WISAARD). (Ord. 2369, 2019)
Nothing contained in this chapter shall be construed as repealing, modifying, or waiving any other provision of this title. (Ord. 2369, 2019)
A. Known archaeological sites are recorded on the Washington Information System for Architectural and Archaeological Records Data (WISAARD).
The City shall establish and maintain a data sharing memorandum of understanding with the Washington State Department of Archaeology and Historic Preservation (DAHP). The data supplied by the DAHP shall be securely implemented on the City’s computer system and used to determine potential conflicts with archaeological sites and historic properties.
B. An archaeological site may cover only a portion of a property, parcel, or lot and may extend onto more than one (1) property, parcel, or lot.
C. Completion of a professional archeological survey shall be required for any development application for construction, earth movement, clearing, or other site disturbance of a known or suspected archaeological site. An archaeological survey may also be required based on information provided by tribes or county and/or state professional archaeologists that the project location has a high probability for containing archaeological resources.
1. Archaeological reporting shall take place through the Washington State Department of Archaeology and Historic Preservation’s online WISAARD application.
D. An archaeology survey report required under subsection C of this section shall:
1. Be written by a professional archaeologist as defined in RCW 27.53.030(11).
2. Meet state and professional standards for cultural resources reporting.
3. Be submitted to the Department by the property owner or project proponent.
4. Include the location and extent of the archaeological resources located on site.
5. Include recommendations for avoidance or minimization of impacts on archaeological resources if present, and recommendations for additional archaeological work and/or permitting to comply with state or federal laws for the protection and preservation of archaeological resources. When ground disturbance impacts on archaeological resources are unavoidable, the project proponent shall apply for an archaeological excavation permit through the Washington State Department of Archaeology and Historic Preservation.
6. Include the results of consultation with any affected Indian tribe.
E. The Department shall provide a copy of the archaeology site report to any affected Indian tribe and the Washington State Department of Archaeology and Historic Preservation. (Ord. 2369, 2019)
A. The City approving authority shall not issue a permit for any development activity or project approval requiring an archaeology site report pursuant to SMC 14.252.030 without considering the archaeology site report and any comments on the report submitted by an affected Indian tribe and any additional archaeological work and permitting required under Chapter 27.53 RCW.
B. Based on the information contained in the archaeology survey report and any comments submitted by the affected Indian tribe(s) obtained during the consultation process, the City approving authority will condition the permit or project approval to comply with any permitting and/or additional archaeological work required under federal and state laws for the protection of archaeological resources. (Ord. 2369, 2019)
A. If, during the course of construction, earth movement, clearing, or other site disturbance, archaeological resources are encountered, all work shall cease immediately. Under these circumstances, the Department may issue a stop work order pursuant to Chapter 14.85 SMC.
B. The applicant shall immediately notify the Planning Director and promptly notify any affected Indian tribe, the Snohomish County Archaeologist and the Washington State Department of Archaeology and Historic Preservation (DAHP).
C. Ground disturbance may not proceed until consultation with any affected Indian tribe, the Snohomish County Archaeologist, and DAHP is completed.
D. No ground disturbance shall proceed until the Department and the applicant have reached an agreement in consultation with the DAHP and any affected Indian tribe regarding a plan for mitigation or preservation of archaeological resources. (Ord. 2369, 2019)
A. If, during the course of construction, earth movement, clearing, or other site disturbance, human remains are encountered, all work shall cease immediately in an area large enough to protect the find. Under these circumstances, the Department may issue a stop work order pursuant to Chapter 14.85 SMC. The applicant shall immediately notify the Planning Director and promptly notify any affected Indian tribe, the Snohomish County Archaeologist and the Washington State Department of Archaeology and Historic Preservation (DAHP).
B. The finding of human skeletal remains will be reported to the county medical examiner/coroner and local law enforcement in the most expeditious manner possible. The remains will not be touched, moved, or further disturbed. The Snohomish County medical examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or nonforensic. If the Snohomish County medical examiner/coroner determines the remains are nonforensic, then they will report that finding to the Department of Archaeology and Historic Preservation (DAHP) who will then take jurisdiction over the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or non-Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains. (Ord. 2369, 2019)
Any permit or land use decision issued with conditions imposed pursuant to this chapter may be appealed under the provisions of Chapter 14.20 SMC relating to the specific permit classification that was issued. (Ord. 2369, 2019)
If any one (1) or more sections, subsections, or sentences of this chapter are held to be unconstitutional or invalid, such decisions shall not affect the validity of the remaining portions of this code, and the same shall remain in full force and effect. (Ord. 2369, 2019)