Tacoma City Zoning Code
CHAPTER 13
13 Archaeological, Cultural, and Historic Resources Protection
[1]
Note: Chapter 13.13 was previously codified as “Solar Lot Development Standards”, repealed by Ord. 25988 § 1, 1989-12-12.
§ 13.13.010 Purpose.
A.
The City recognizes that development may impact cultural resources of federally recognized Tribes. The purpose of this Title is to identify, evaluate, and protect cultural resources within the City of Tacoma for future generations, in order to:
1.
Safeguard the heritage of the city as represented by cultural resources including buildings, sites, structures, and objects which reflect significant elements of history;
2.
Promote and facilitate the early identification and resolution of conflicts between preservation of cultural resources and land uses in a manner consistent with the City of Tacoma Comprehensive Plan; and
3.
Comply with applicable state and federal laws related to the regulation of cultural resources.
(Ord. 29076 Ex. A, 2025-12-02)
§ 13.13.020 Applicability.
A.
This section sets forth provisions for addressing archaeological, cultural, and historic resources for projects located in the following areas:
1.
Where a Subarea Plan and a companion area-wide, non-project Environmental Impact Statement (“EIS”) have been completed, including the Downtown Tacoma Regional Growth Center, the Tacoma Mall Neighborhood Regional Growth Center and the Tideflats Manufacturing and Industrial Center;
2.
In areas subject to the City of Tacoma’s Shoreline Jurisdiction as defined in Title 19 Shoreline Master Program;
3.
Sites within the Urban Residential (UR) districts, where the City has completed an area-wide, non-project Environmental Impact Statement to raise the residential threshold exemption to 40 units, and where the proposal exceeds 20 units.
B.
In Washington State, archaeological sites and archeological objects 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. 470aa-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.); Procedures For State, Tribal, And Local Government Historic Preservation Programs (36 CFR 61); Chapter 27.44 RCW titled “Indian Graves and Records”; and Chapter 27.53 RCW titled “Archaeological Sites and Resources”; Chapter 68.50 RCW titled “Human Remains”; Chapter 68.60 RCW titled “Abandoned and Historic Cemeteries and Historic Graves.
C.
The provisions of this chapter are not intended to be duplicative of other related cultural resource or historic review processes, including those mandated by Section 106 of the National Historic Preservation Act, National Environmental Policy Act or other applicable review processes.
D.
Where the provisions of this chapter conflict with each other or with other laws, ordinances or programs, the more restrictive shall govern.
(Ord. 29076 Ex. A, 2025-12-02)
§ 13.13.030 Administration.
The Planning and Development Services Department, herein after “Department” shall be responsible for administering these provisions in an efficient, effective, and transparent review process. The Department, in coordination with affected Tribes and the Washington State Department of Archaeology and Historic Preservation (DAHP), shall determine whether the proposed development activity has a high probability of cultural resources and how the site shall be investigated, and protected, and shall apply appropriate monitoring and management procedures as set forth in this Title. No development activity or structure shall be established, expanded, constructed, or otherwise changed except in conformance with this Title.
(Ord. 29076 Ex. A, 2025-12-02)
§ 13.13.040 Compliance.
The applicant and landowner shall be responsible for compliance with this Title. Compliance with conditions established in a permit or approval is required. Any violation of this Title shall be subject to enforcement actions, penalties, and/or revocation of permit or approval identified in TMC Chapter 1.82 Uniform Enforcement Code.
(Ord. 29076 Ex. A, 2025-12-02)
§ 13.13.050 Exemptions and waivers.
The following shall be exempted from the provisions of this chapter:
A.
Emergencies that result in the imminent threat or hazard to the public or environment or immediate rescue and salvage operations conducted to preserve life or property are exempt. The exemption to this section based on an emergency that shall not extend for more than thirty days. The Department, in its discretion, may extend the exemption for an additional 30 days.
B.
Interior residential remodel and commercial tenant improvement permits within the foundation of the existing structure, pier, or footing.
C.
Exterior residential and commercial modifications without soil disturbance.
D.
New or replacement of residential or commercial decks, patios, fences, signs, sheds, and driveways.
E.
Operation, maintenance, repair, modification, minor addition to, or replacement of existing structures, infrastructure improvements, utilities, public or private roads, or draining systems -provided the activity only requires minimal soil disturbance.
F.
Vegetation management performed in accordance with best management practices; provided that such management actions are part of regular and ongoing maintenance and the activity only requires minimal soil disturbance.
(Ord. 29076 Ex. A, 2025-12-02)
§ 13.13.060 Review procedures.
This section shall be construed as the local review process in accordance with 36 CFR 61.6(e)(1)(ii).
A.
Cultural resource review required. One or more of the following project factors may trigger a cultural resource review:
1.
Properties with a known or high probability for presence of archaeological, cultural or historic sites, including:
a.
Properties with archaeological and historic resources listed or inventoried in the Washington Information System for Architectural and Archaeological Records Data (WISAARD).
b.
Construction or ground disturbing activities within 500 feet of a previously documented cultural resource.
c.
Properties with resources that are listed on any historic register, including the National Register of Historic Places, the Washington State Heritage Register, or the Tacoma Register of Historic Places.
d.
Areas identified as high probability for the presence of cultural resources based on information provided by Tribes with jurisdiction.
e.
The proposed development will involve soil disturbance and reliable information indicates the possible existence of an archaeological site on a parcel for which an application for a permit or approval for a ground disturbing action or activity has been submitted.
2.
Activities subject to development review under Title 13 Land Use Regulatory Code and Title 19 Shoreline Master Program that include soil disturbance or excavation.
3.
On parcel(s) where information provided by a Tribe, or by a Pierce County, federal, or state professional archaeologist demonstrates that the project location contains, or that the project will have probable adverse effect to, cultural resources, provided the information is submitted to the Department within thirty (30) days of notification or within the applicable State or Federal regulatory comment period.
a.
Locations of known archaeological sites are restricted and consultation with the Washington Department of Archaeology and Historic Preservation or a certified archaeologist will be required.
b.
The Applicant may submit notification to Tribal Historic Preservation Officer (THPO) with jurisdiction in advance of submitting the application to the Department. The advanced notice shall fulfill the notice requirement of TMC § 13.13.060B after 30 days of submittal to the THPO with jurisdiction if the notice sufficiently describes the project, the location, and the estimated depth of ground disturbance. The applicant shall provide the advance notice and any correspondence received to the Department.
B.
Tribal coordination. Tribal Historic Preservation Officers (THPO) with jurisdiction shall be provided the opportunity to review and comment on all applications subject to the provisions of this chapter. Comments from the Tribe shall be submitted within 30 days of notification or within the applicable SEPA comment period.
1.
Advance notification to the Tribe may be provided by the applicant pursuant to § 13.13.060A; or
2.
If no advance notice and correspondence is submitted with the permit application, the Department shall provide such notice.
C.
Risk assessment. For proposed activities with project factors that trigger a cultural resource review, the applicant’s Professional Archaeologist shall conduct a risk assessment:
1.
The Risk Assessment shall include a review of cultural resources located within one mile from the project location. The distance shall be measured on a horizontal plane extending in all directions.
2.
Whether the project site is within 500 feet of a site known to contain historic, cultural or archaeological resource(s) based upon historic registers and records.
3.
Whether the project site is classified as a moderate to high risk for the presence of archaeological sites according to the Washington Information System of Architectural and Archaeological Records Data (WISAARD).
4.
Following confirmation by the Department, within ten (10) years of a complete application, a property in which a previous Risk Assessment or Cultural Resource Survey was prepared by a Professional Archaeologist shall satisfy the Risk Assessment requirement. Cultural Resource Surveys older than ten (10) years may satisfy the Risk Assessment requirement if there is concurrence from affected Tribes.
5.
The Department shall review the Risk Assessment and coordinate with affected Tribes. Affected Tribes shall be provided the opportunity to comment on the proposed action and Risk Assessment. Response from affected Tribes on potential adverse effects to cultural resources shall be submitted to the Department within thirty (30) days of notification.
6.
A Risk Assessment may be waived if the applicant proposes conducting a Cultural Resource Survey instead.
D.
Determination of impact.
1.
Following coordination with affected Tribes and DAHP, the Department shall determine if the project site is determined to have a potential to impact cultural or historic resources City shall require a cultural resource assessment to be prepared at the applicant’s expense by an individual meeting the applicable Secretary of the Interior’s Professional Qualification Standards for Archaeology and/or Architectural History. Potential impact is defined as:
a.
For archaeological sites, any project within 500 feet of a known archaeological site, or that is within a moderate to very high risk area according to WISAARD, a high probability area as defined in the Puyallup Tribe of Indians Comprehensive Plan, or for which THPO has indicated a potential impact after being duly notified as described in this chapter.
b.
For historic structures, any project that will demolish or substantially alter the exterior appearance of any structure listed on the National Register of Historic Places, the Washington State Heritage Register, or demolition of any structure for which a Determination of National Register Eligibility has been made by the State Historic Preservation Officer (SHPO).
2.
If there are no potential impacts to archaeological, cultural or historic sites resulting from the project, a letter to the Historic Preservation Officer should be submitted with the development stating so, along with the resources consulted and any correspondence between the applicant and THPO with jurisdiction supporting a no-impact assessment. “No potential impact” includes projects that:
a.
Do not have any known archaeological or historically designated sites within 500 feet of the subject property; and
b.
Are not within any areas that are categorized as moderate to very high risk for archaeological sites according to WISAARD records or based on publicly available information from the Puyallup Tribe of Indians, or
c.
Have received confirmation from THPO indicating no concern, or for which 30 days has elapsed since the applicant has provided notification to THPO, where no concerns have been received.
d.
For permit applications that meet the criteria under TMC § 13.12.570.2.a.(3), the Department shall find that the project will have no effect on cultural or historic resources and may conclude the review, provided that an Unanticipated Discovery Plan is filed with the permit pursuant to the provisions elsewhere in this chapter.
E.
Cultural resources assessment requirements. Depending upon the nature of the potential impact, the Cultural Assessment may be required to address impacts to archaeological sites, historic structures, or both.
1.
A cultural resources assessment for archaeology shall contain the following elements:
a.
A title page that includes:
(1)
Report title.
(2)
Principal Investigator, author, and organization.
(3)
Date of submission.
b.
Introduction.
(1)
Table of contents and list of figures and tables.
(2)
Project description that includes proposed project activities and elements, defines the location and size of the project, and a description of the vertical depth and horizontal area of disturbance.
c.
A summary of the environmental setting with an emphasis on current and historical vegetation, geomorphology, regional depositional history, watershed information and natural resources.
(1)
If this information has been provided in a previous report for the project, it does not need to be replicated. Reference to the original report or inclusion of an abbreviated version of the summary will suffice.
d.
Summary of the cultural history, ethnography, and history of the region with an emphasis on historical settlement and activity in the specific project area.
(1)
If this information has been provided in a previous report for the project, it does not need to be replicated. Reference to the original report or inclusion of an abbreviated version of the summary will suffice.
e.
Existing Data and Background Data based on current knowledge about archaeological properties, both in the project area and within a study area, based on the impacts of the project. The review should include existing archaeological inventories, historic records, and other archival repositories.
f.
Sufficient figures, images, and maps to convey the project’s relation to cultural resources. This shall include but not be limited to the United State Geological Survey 7.5 minute quadrangle map with the location of the project, and aerial image with the location of the project.
g.
Recommendations for future archaeological work, including survey, monitoring or data recovery, property management, and avoidance or mitigation options based on the nature of the undertaking, as described in TMC13.12.570.3.
h.
Full citation of all published sources of information including author, title, publisher, and date.
F.
A Cultural Resource Assessment addressing impacts to historic structures shall contain:
1.
A title page that includes:
a.
Report title.
b.
Author and organization.
c.
Date of submission.
2.
Introduction.
a.
Table of contents and list of figures and tables.
b.
Project description.
c.
An inventory of affected historic structures, including representative exterior photographs from present day as well as any historic period photographs available through historic archives or architectural databases, condition and integrity assessment, associated State Historic Property Inventory forms in WISAARD. For demolition of any structure over the age of 50 years, documentation of buildings must be conducted in accordance with Washington State Department of Archaeology and Historic Preservation guidelines for survey and site reporting. Such documentation must include an assessment of the historic significance or lack thereof, and the basis for this assessment.
d.
Maps and site plans as applicable clearly showing affected structures and their relation to the proposed development.
3.
A previous archaeological survey or cultural assessment that meets the standards established within this section completed within 10 years of the date of application may be used in place of a new assessment.
G.
From the date of receipt of the Cultural Resource Assessment, the Department shall have thirty (30) days to review the document. The Department may accept the assessment as presented and concur with any conclusions or recommendations for additional work, request additional information or clarification, or find that, due to likely adverse effects upon historically or culturally significant properties resulting from the development project, additional assessment or mitigation is warranted that was not identified in the Cultural Assessment.
H.
Archaeological field survey. Following coordination with affected Tribes and DAHP, the Department shall determine if the project has the potential for adverse effects to cultural and archaeological resources. If there are potential adverse effect, the applicant shall be notified by the Department and the applicant shall provide an Archaeological Field Survey, prepared by a Professional Archaeologist.
1.
The Archaeological Field Survey shall include the following elements:
a.
The elements of a Cultural Resources Assessment Report.
b.
The survey boundaries and how the boundary was determined.
c.
How survey methods were determined including number and spacing of pedestrian transects and subsurface examination procedures.
d.
Define survey goals and research questions based on both the environmental and cultural setting.
e.
Summarize the observations and results of the survey, quantify and describe the surface and subsurface survey. If subsurface testing is not utilized, justify the decision against such methodology.
I.
Archaeological monitoring.
1.
Archaeological monitoring shall be required if:
a.
A Cultural Resource Survey or Risk Assessment determines there is a potential for adverse effect to cultural resources, or;
b.
The project has been discussed with affected Tribes and DAHP; and the Department determines that the Unanticipated Discovery Plan is insufficient.
2.
Monitoring reports, when required, shall include the following elements:
a.
The elements of a Cultural Resources Assessment Report.
b.
Detail the date(s) of monitoring activities, noting the field and weather conditions.
c.
Summarize archaeological monitoring methodology and results of monitoring efforts.
d.
Quantify and describe the ground-disturbing activities monitored, including area and depth of ground disturbance, and types of equipment used.
e.
Describe any artifacts, features, and/or other archaeological objects identified during archaeological monitoring activities.
f.
The applicant may elect to include proactively these elements when completing the Cultural Assessment report submitted with the development permit.
J.
Avoidance, minimization, or mitigation.
1.
For impacts to historic structures, additional submittals shall include:
a.
A description of how potential adverse effects to historic structures as a result of construction activities will be avoided, minimized, or mitigated. Subject to review and approval of the City’s Historic Preservation Officer, appropriate mitigation may include, but is not limited to:
(1)
Additional consultation with historic preservation officials at the federal, state, or local level or the Tacoma Landmarks Commission.
(2)
Additional documentation, including intensive level documentation of affected structures (as defined by the Washington State Department of Archaeology and Historic Preservation survey and reporting standards)
(3)
Avoidance of historic structures.
(4)
Retention of all or some of a historic structure into a new development;
(5)
Interpretive/educational measures, including onsite interpretation, context statements or documentation of thematically or historically related structures or historical narratives;
(6)
Off-site/on site preservation of another historic resource.
2.
For impacts to archaeological and cultural resources, prior to requiring archaeological monitoring, the Department, affected Tribes, and DAHP may opt to resolve adverse effects through avoidance, minimization, or mitigation following the process outlined in 36 CFR 800.6 Resolution of adverse effects.
K.
Unanticipated Discovery Plan required.
1.
An unanticipated discovery plan (UDP) is required as a permit condition for all development permits issued citywide where there is ground disturbance as a result of the permitted project, to be titled “Plan and Procedures for the Unanticipated Discovery of Cultural Resources and Human Skeletal Remains”.
2.
The City will provide a UDP template to be used by permit applicants. Applicants may elect to provide their own UDP, so long as it meets the requirements set forth below.
3.
The UDP shall be attached to the permit as a permit condition, and included with permit submittals if the applicant is providing their own UDP for the project (such as a UDP included with a cultural assessment report as an appendix), and contain the following sections:
a.
A general description of cultural resources that may be encountered during the project.
b.
Responsibilities of the project management, should a discovery occur.
c.
Steps for consultation with Tribal representatives, and City and State officials.
d.
A contact list including the State Historic Preservation Office/State Archaeologist, City Historic Preservation Officer, Tribal Historic Preservation Officer(s), Pierce County Medical Examiner and Tacoma Police Department Non-Emergency number.
e.
A section specifically outlining procedures in the event of discovery of human remains.
f.
Steps for further documentation.
g.
Steps for resuming development activities on the site.
4.
The Unanticipated Discovery Plan must be posted onsite along with other permitting documents during the course of construction.
L.
If archaeological resources, archaeological indicators, or human remains are unearthed or exposed during a project’s construction, the following shall apply:
1.
Conform to Chapter 25-48 WAC (Archaeological Excavation and Removal Permit).
2.
If Human Remains as defined in RCW 68.50 are encountered, the applicant or landowner shall contact the appropriate law enforcement agency.
3.
Failure to comply with RCW 27.53.060 is punishable under Chapter 9A.20 RCW. The procedures and penalties included in Indian Graves and Records (RCW 27.44), Human Remains (RCW 68.50), and Abandoned and Historic Cemeteries and Historic Graves (RCW 68.60) shall also apply.
4.
The landowner shall be responsible for any required curation. The Department, at the discretion of the Director, may assist the landowner with curation by recommending permanent repositories or providing temporary storage. The permanent repository shall meet the standards of 36 CFR 79, for curation of materials other than human remains. Whenever feasible, the Department in coordination with affected Tribes shall encourage methodological approaches that do not require curation.
(Ord. 29076 Ex. A, 2025-12-02)
§ 13.13.070 Demolition of historic resources – Citywide.
A.
Scope and applicability.
This section sets forth provisions for review of demolition permits that affect structures that are 125 years of age or greater at the time of permit application, and that involve demolition of 4,000 gross square feet or more on a parcel, or are located within designated Mixed Use Centers, or are properties listed on the National Register of Historic Places either as part of a district or individually listed. The following project types are exempt from this section:
1.
Demolition of single-unit dwellings that are not located within National Register Historic Districts or listed on the National Register of Historic Places;
2.
Demolitions of buildings that are less than 4,000 square feet in size that are not located within National Register Historic Districts or listed on the National Register of Historic Places, or located within Mixed Use Centers.
3.
Demolitions of structures that are owned by a religious organization and used for church purposes as defined by Washington State WAC 458-16-190.
B.
Demolitions affecting designated City Landmarks. All demolition permits affecting City Landmarks (either individually listed or within local historic special review districts) shall be reviewed pursuant to procedures outlined in TMC § 13.05.040E and TMC § 13.07.110.
C.
The provisions of this chapter are not intended to be duplicative of other related cultural resource or historic review processes, including those mandated by Section 106 of the National Historic Preservation Act, National Environmental Policy Act or other applicable review processes.
D.
Projects involving locations where a Subarea Plan and a companion area-wide, non-project Environmental Impact Statement (“EIS”) have been completed, including the Downtown Tacoma Regional Growth Center, the Tacoma Mall Neighborhood Regional Growth Center and the Tideflats Subarea; projects involving areas subject to City of Tacoma Shoreline jurisdiction as defined in Title 19 Shoreline Master Program; and projects involving sites within Urban Residential (UR) districts where the City has completed an area-wide, non-project Environmental Impact Statement to raise the residential threshold exemption to 40 units, and where the proposal exceeds 20 units, shall be reviewed under the provisions of TMC Chapter 13.13 Archaeological, Cultural and Historic Resources Protection.
E.
Requirements. Applications for a demolition permit shall include a demolition summary report that identifies all affected structures that are 125 years of age or greater, and shall note any such structures that are listed on the National Register of Historic Places either individually or as part of a district. Submittal materials shall include at minimum:
1.
Current photographs of all elevations of all affected structures; and
2.
Historical photographs of the affected structures, if available from public sources; and
3.
Narrative description of the proposed project; and
4.
Narrative of any known history of affected structures (construction date, architect, builder, occupants, associated events); and
5.
A narrative statement that evaluates the historical or cultural significance of the property in terms of the Designation Criteria listed in TMC § 13.07.050; and,
6.
A narrative statement that assesses the physical characteristics of the property, including condition and an architectural description.
7.
A pre-existing historical survey form or document, such as a Washington State Historic Property Inventory Form, may be submitted to satisfy items d-f above, if the required information is addressed in the survey document.
F.
The summary demolition report shall be reviewed by the Historic Preservation Officer to determine whether the affected structures appear to be historically significant and should be referred to the Landmarks Preservation Commission for consideration of designation to the Tacoma Register of Historic Places. The Historic Preservation Officer may consider the summary demolition report for up to 30 days.
1.
Demolition affecting properties under 125 years of age that are listed on the National Register of Historic Places, either individually or as a contributing structure within a historic district, shall be referred to the Landmarks Commission for consideration of mitigation as described in Section 7 below, unless it is determined by the Historic Preservation Officer that such properties lack historic integrity of location, place, setting, materials, association or feeling to the extent that such properties would be unlikely to be eligible for designation to the Tacoma Register.
2.
Demolition of all other properties shall be preliminarily assessed by the Historic Preservation Officer based upon the criteria for designation of a landmarks TMC § 13.07.040.
G.
If the Historic Preservation Officer determines that the affected structures possess historic integrity of location, design, setting, materials, workmanship, feeling, and association and are likely eligible for listing on the Tacoma Register of Historic Places, or if the affected properties are already listed on the National Register of Historic Places, the applicant shall be directed to provide a feasibility analysis that includes potential alternative approaches and/or mitigation strategies. The analysis should include whether alternatives that would reduce impacts to historic resources have been considered to mitigate potential impacts, and may contain mitigation proposals for the Commission’s consideration. Mitigation should be proportional to the anticipated impact and historic importance of the subject property, and could include:
• | Avoidance of the historic or cultural resource. |
• | Retention of all or some of the historic structure in the new development. |
• | Voluntary design review for the new structure to ensure compatibility of the new structure into its surrounding context. |
• | Additional documentation of the historic property, such as completing an intensive level Washington State historic property inventory form (HPI). |
• | On site interpretation, such as display panels. |
• | Commissioning of online interpretive materials, such as a local history website, or other offsite interpretive measures. |
• | Architectural salvage/deconstruction of reusable or significant architectural elements and building materials from the site. |
• | Relocation of the historic structures to be demolished. |
• | Contributing funds to another historic site restoration, documentation or survey effort. |
H.
The demolition summary report and feasibility analysis shall be forwarded to the Landmarks Preservation Commission for its review. When considering its recommendation, the Commission shall weigh the balance of the public benefit of protecting the subject property against the potential impacts to the development project, and to consider alternatives and mitigations proposed in making the determination as to whether a property should be historically designated.
I.
If the Commission determines that the proposed mitigation is appropriate by a quorum vote, the mitigation proposal shall be recorded as a condition of the demolition permit.
J.
If the Commission finds that the affected properties over 125 years of age should be included in the Tacoma Register of Historic Places, the Commission shall schedule a public hearing as soon as it is practical to solicit public comment on the potential designation, per the procedural requirements at TMC § 13.07.050.
K.
During the demolition review process, all requirements of TMC § 13.05.040C relating to the alteration of historic properties apply to the affected properties. If the demolition permit application is withdrawn, but the Commission or City Council is considering historic designation of the subject property, the historic designation review will continue regardless of the demolition permit status.
(Ord. 29076 Ex. A, 2025-12-02)