ORD 2137 ORDINANCE NO
AN ORDINANCE adopting regulation for the preservation of
archaeological resources establishing procedures for predeter-
mination standards and reports , for archaeological resource surveys ,
and providing for the enforcement of such standards .
THE COUNCIL OF THE CITY OF CAMAS DO ORDAIN AS FOLLOWS :
Section Y
There is hereby adopted a new Chapter of the Camas Municipal Code to be entitled
Chapter 16 . 08 Archaeological Resource Preservation . Said ordinance shall be in the form
attached hereto as Exhibit " A " and by this reference incorporated herein .
Section II
This ordinance shall take force and be in effect five ( 5 ) days from and after its publication
according to law .
PASSED by the Council and APPROVED by the Mayor this � day of November 1997 ,
SIGNED : Q
Mayor
ATTEST :
Clerk
APPROVED as to form :
A400�k4
City Attorney
ARCHAEOLOGICAL RESOURCE PRESERVATION ORDINANCE
16 . 08 . 010 PURPOSE . The purposes of this chapter are to :
A . Encourage the identification and preservation of cultural , archaeological , and historic
resources consistent with the Growth Management Act of 1990 , as amended , and Camas ' s
Comprehensive Plan ,
B . Establish clear procedures and specific , standards for identifying , documenting , and
preserving Camas ' s cultural , archaeological , and historic resources .
C . Ensure use of the best available technology and techniques commonly accepted as
standards in the profession of archaeology .
D . Establish a fair and equitable process for balancing the identification and preservation
of cultural , archaeological , and historic resources with economic development .
E . Ensure coordination and consistency in the implementation of the State
Environmental Policy Act , the Shoreline Management Act , and the Growth Management Act ,
16 . 08 . 020 DEFINITIONS . In carrying out the provisions of this chapter , the following
definitions shall apply :
A . " Adequately Surveyed and Documented " means that ( 1 ) the survey method , level of
analysis , and area covered are sufficient to meet the requirements of this chapter ; and ( 2 ) the
documentation is sufficient to allow another archaeologist to repeat the survey and reach the
same conclusion . Adequacy shall be determined by the Director .
B . " Archaeological Object" means an object that comprises the physical evidence of an
indigenous and subsequent culture including material remains of past human life including
monuments , symbols , tools , facilities , and technological by - products . ( WAC 2548 - 020 ( 8 ) ) .
C . " Archaeological Resources " are any material remains of human life or activities
which are of archaeological interest . This shall include all sites , objects , structures , artifacts ,
implements , and locations of prehistoric or archaeological interest , whether previously recorded
or still unrecognized , including , but not limited to , those pertaining to prehistoric and historic
American Indian or aboriginal burials , campsites , dwellings , and their habitation sites , including
rock shelters and caves , their artifacts and implements of culture such as projectile points ,
arrowheads , skeletal remains , grave goods , basketry , pestles , mauls , and grinding stones , knives ,
scrapers , rock carvings and paintings , and other implements and artifacts of any material ( WAC
2548 - 020 ( 10 ) ) . This shall also include any material remains of human life or activities from
historic periods which are located at least partially below the ground surface necessitating the use
of archaeological methods for study or recovery .
D . " Archaeological Resource Survey" is procedure by which an archaeologist makes an
assessment of the presence or absence of an archaeological site on a parcel , a preliminary
assessment of a site ' s significance , and a recommendation for further evaluation , avoidance ,
mitigation , or recovery of resources .
E . " Archaeological Site " means a geographic locality in Washington , including but not
limited to , submerged and submersible lands and the bed of the sea within the state ' s jurisdiction ,
that contains archaeological objects ( WAC 2548 - 020 ( 9 ) ) .
Exhibit " A " - page 1
F . " Archaeologist " means either a qualified archaeologist ( RCW 27 . 53 . 030 ( 9 ) ) or a
professional archaeologist ( RCW 27 . 53 . 030 ( 8 ) and WAC 2548 - 020 (4 ) ) who has been approved
by the City . Both qualified archaeologists and professional archaeologists may perform
predeterminations and surveys . Only professional archaeologists may perform services such as
evaluation and data recovery for which a state permit is needed .
G . " Department" means the Public Works Department .
H . " Director " means the Director of the Public Works Department or his or her designee .
I . " Feature " means an artifact or set of artifacts which loses its integrity when moved due
to its size and complexity ( e . g . , a hearth or a house floor) .
J . " Known , Recorded Archaeological Site " means an archaeological site which has been
recorded with OAHP .
K . " OAHP " means the Washington State Office of Archaeology and Historic
Preservation .
L . " Of Archaeological Interest " means capable of providing scientific or humanistic
understandings of past human behavior , cultural adaptation , and related topics through the
application of scientific or scholarly techniques such as controlled observation , contextual
measurement , controlled collection , analysis , interpretation , and explanation ( WAC 25 - 48 -
020 ( 12 ) ) .
M . " Predetermination" is a procedure similar to , but of less intensity than an
archaeological resource survey . Its purpose is to determine whether an archaeological site is
likely to be present or absent on a parcel , and based on that determination recommend whether or
not to proceed with an archaeological resource survey .
N . " Probability Level " means account classification of property according to the
probability of its having archaeological resources . The probability levels are low (zero to 20
percent) , low- moderate ( 20-40 percent) , moderate ( 40 60 percent) , moderate - high ( 60 80
percent) , and high ( 80 100 percent) . The probability levels assigned to property within the
urban growth boundary of the City of Camas are identifled in that map entitled " City of Camas
Archaeological Site Study , June 3 , 1997 " .
O . " Significant Archaeological Site " means an archaeological site which has been
determined by a professional archaeologist to contain : ( 1 ) archaeological objects at a density of at
least 100 per cubic meter per stratigraphic or cultural unit ; or ( 2 ) at least one feature ; or ( 3 ) at
least one relatively uncommon archaeological object ; or ( 4 ) skeletal remains .
P . " Survey" means archaeological resource survey .
Q . " Tribes " means any federally recognized or other local Native American Government
organization which may consider the site to be of historic or cultural significance .
16 . 08 . 030 COORDINATION .
A . General . Where the provisions of this chapter conflict with each other or with other
laws , ordinances , or programs , the more restrictive provisions shall apply .
B . SMA . The provisions of this ordinance shall apply throughout Camas , including areas
regulated by Camas ' s Shoreline Management Master Program .
C . SEPA . The regulations of the State Environmental Policy Act shall supplement the
provisions of this ordinance .
Exhibit " A " - page 2
D . Development Review . For projects subject to Title 14 of the Camas Municipal Code ,
a determination that an application is complete shall not be made until any required
predetermination has been completed and a predetermination report has been submitted . For
projects not subject to Title 14 of the Camas Municipal Code , an application shall not be
accepted until any required predetermination has been completed and a predetermination report
has been submitted .
16 . 08 . 040 RECORDING . Any archaeological site identified pursuant to the provisions of
this chapter shall be recorded with OAHP .
16 . 08 . 050 PERMIT REQUIRED . A permit from OAHP shall be secured prior to digging ,
altering , excavating , and/or removing archaeological objects and sites or historic archaeological
resources , or proposing to remove glyptic or painted records of tribes or peoples , or
archaeological resources from native Indian cairns or graves ( WAC 2548 - 050 ) .
16 . 08 . 0, 0 APPLICABILITY .
A . The provisions of this chapter shall apply :
1 . When any item of archaeological interest is discovered luring the course of a
permitted ground - disturbing action or activity ( 16 . 08 . 1 ,60 ) .
2 . When the Director determines that 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 .
B . The provisions of this chapter shall apply , EXCEPT as provided herein and in
16 . 08 . 07'OC below, to all ground - disturbing actions or activities for which a permit or approval is
required :
1 . On all parcels in Probability Level High .
2 . On parcels of at least five acres in Probability Levels Moderate - High and
Moderate .
3 . Regardless of parcel size or probability level , when proposed within 1 /4 mile of a
known , recorded archaeological site as measured on a horizontal plane extending
in all directions . Such an action or activity may be exempted by the Director ,
when appropriate , during the predetermination process due to the effects of a
geographic barrier ( 16 . 08 . 9.80 ( F ) ) .
C . The followingshall not trigger or shall be exempted from the provisions of this
gg
chapter :
1 . Accessory dwelling units ; or
2 . Land use permits issued under clear and objective standards , such as those for
fences , sheds , decks , patios , or driveways ; or
3 . Sign permits ; or
4 . Conditional use permits for a change in use only , not involving ground
disturbance for structural modification .
5 . Zoning variance approvals .
6 . Ground - disturbing actions or activities which constitute normal maintenance and
Exhibit ` ` A " - page 3
repair of existing structures and facilities ; or
7 . Ground - disturbing actions or activities proposed in areas which the Director
determines to have been adequately surveyed and documented ( 16 . 08 . 020A) in the
past and within which no archaeological resources have been discovered .
D . When more than one probability level traverses a parcel , the entire parcel shall be
considered to be within the level with the greatest probability rating .
. ,
16 . 08 . 080 PREDETERMINATION REQUIRED .
r A . A predetermination shall be required for any non- exempt ground - disturbing action or
activity for which a permit or approval is required within Probability Level High .
B . A predetermination shall be required for any non - exempt ground - disturbing action or
activity for which a permit or approval is required and which is located on a parcel of at least five
acres within Probability Levels Moderate - High and Moderate .
C . A predetermination shall be required for all non - exempt ground - disturbing actions or
activities for which a permit or approval is required which are proposed within 1 /4 mile of a
known , recorded archaeological site .
D . A predetermination shall be required when the Director determines that 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 .
E . A predetermination shall be required when any item of archaeological interest is
discovered during the course of a permitted ground - disturbing action or activity .
F . During the predetermination process , the Director will determine whether a ground -
disturbing action or activity is exempt under 16 . 08 . 00133 , or 16 . 08 . 01OC7 . In the event that the
Director is able to make such a determination of exemption based solely upon background
research ( 16 . 08 . 0 XOC ) , the City shall reduce the applicant ' s total fee obligation for the project by
r
one - half of the predetermination fee .
G . A predetermination shall not be performed when a survey is required under
16 . 08 . 120 .
H . The Director may waive the requirement for a predetermination if the applicant
chooses to provide a survey in accordance with 16 . 08 . 1 ? 0 and 16 . 08 . 140 .
16 . 08 . Q� 0 PREDETERMINATION STANDARDS . Predeterminations shall include at a
minimum the following elements and be carried out according to the following standards :
A . Predeterminations shall be performed by a qualified or professional archaeologist .
B . Predeterminations shall be performed to the high standard of quality which fulfills the
purposes of this chapter .
C . Background Research . A thorough review of records , documentation , maps , and
other pertinent literature shall be performed .
D . Surface Inspection . A visual inspection of the ground surface shall be completed
when conditions yield at least 50 % visibility .
E . Subsurface Investigation . Subsurface investigation shall be performed when
considered necessary by the archaeologist . When necessary , the following standards shall apply :
1 . Subsurface probes shall be no less than 81n . /20cm in diameter ( 121n/30cm or more
Exhibit " A " - page 4
preferred) at the ground surface , and shall delve no less than 20in/ 50cm deep into
natural soil deposits whenever possible .
2 . The most appropriate number of and locations for subsurface probes shall be
determined by the archaeologist .
3 . All material excavated by subsurface probes shall be screened using both 1 /4 - inch
and 1 / 8 - inch hardware mesh cloths .
16 . 08 . 0 PREDETERMINATION REPORTS . A report shall be completed for each
predetermination to the high standard of quality which fulfills the purposes of this chapter and
standardized guidelines furnished by the Department . A completed report shall be submitted to
OAHP as well as the City .
16 . 08stIO REVIEW OF PREDETERMINATION REPORTS and FURTHER
ACTION .
A . Predetermination reports shall be reviewed by the Director .
B . When the Director determines that a predetermination report is complete and
adequate , the Director shall , based upon the information contained in the report , determine
whether an archaeological site is likely to exist .
C . Where the Director determines that an archaeological site is not likely to exist , the
application may proceed through the remainder of the development review process .
D . Where the Director determines that an archaeological site is likely to exist , an
archaeological resource survey shall be required and carried out in accordance with the
provisions of this chapter .
I I C)
16 . 08 . 126 ARCHAEOLOGICAL RESOURCE SURVEY REQUIRED . A survey shall
be required when the results of a predetermination indicate further investigation is necessary and
either :
A . no previous survey has been done ; or
B . a previous survey or documentation is determined by the Director to be inadequate .
16 . 08 . 10 SURVEY STANDARDS . Surveys shall include at a minimum the following
elements and be carried out according to the following standards :
A . Surveys shall be performed by professional archaeologist .
B . Surveys shall be performed to the high standard of quality which fulfills the purposes
of this chapter .
C . Background Research . A thorough review of records , documentation , and other
pertinent literature shall be performed .
D . Surface Inspection . A systematic , 100 % visual inspection of the ground surface shall
be completed when conditions yield at least 50 % visibility .
E . Subsurface Investiag tion . Subsurface investigation shall be performed when
considered necessary by the archaeologist , utilizing the same standards set forth within CMC
160080090EO
Exhibit " A " - page 5
f7
16 . 08 . 140 SURVEY REPORTS . A report shall be completed for each survey in
accordance with state guidelines and to the high standard of quality which fulfills the purposes of
this chapter . A completed report shall be submitted to OAHP as well as the City .
i,
16 . 08 . 1f'0 REVIEW OF SURVEY REPORTS and FURTHER ACTION .
A . Survey reports shall be reviewed by the Director .
B . When the Director determines that a survey report is complete and adequate , the
Director shall , based upon the information contained in the report , determine whether an
archaeological site has been identified .
C . Where the Director determines that no archaeological site has been identified , the
application may proceed through the remainder of the development review process .
D . Where the Director determines that an archaeological site has been identified and is
not likely to be significant , the application may proceed through the remainder of the
development review process .
E . Where the Director determines that an archaeological site has been identified and is
likely to be significant , archaeological resources shall be further evaluated , avoided , properly
mitigated , or properly recovered in accordance with the Director ' s recommendation and subject
to state regulations . Priority for protection in-place and thorough evaluation and data recovery
shall be given to significant archaeological sites . Bonding may be required to ensure that the site
is treated in accordance with the Director ' s recommendation and provisions of the state permit .
Monitoring and future corrective measures may be required to ensure that an archaeological site
is not degraded by a permitted development .
16 . 08 . lX0 DISCOVERY PRINCIPLE . In the event that any item of archaeological
interest is uncovered during the course of a permitted ground - disturbing action or activity :
A . All ground - disturbing activity shall immediately cease .
B . The applicant shall notify the Department and OAHP .
C . The applicant shall provide for a predetermination and a predetermination report
prepared in accordance with the provisions of this chapter . The Director shall review the report
and issue a determination in accordance with 16 . 08 . 1 %�`0 in a reasonably diligent manner , taking
into account all pertinent factors and conditions (within 7 calendar days whenever feasible ) .
Where such determination is that an archaeological site is not likely to exist , construction may
continue . Where such determination is that an archaeological site is likely to exist , the applicant
shall provide a survey and survey report . The Director shall produce a map of the parcel
indicating clearly the portions ) of the parcel , if any , within which construction may continue
under the supervision of an archaeologist and monitoring by the Director while the required
survey is being completed . The provisions of 16 . 08 . 1,,50 shall apply .
Y ♦ f
16 . 089 0710 NOTIFICATION TO TRIBES . Whenever a predetermination or survey is
required , the applicant shall provide the tribes with a copy of the application and all supporting
materials , and shall provide proof of compliance with this requirement to the Director . Upon
City receipt of a predetermination or survey , the Director shall notify the tribes , in writing , that
Exhibit " A " - page 6
said predetermination or survey will be submitted to the tribes by the applicant . When the
Director determines that the existence of an archaeological site is probable and an archaeological
resource survey is required , the Director shall notify the tribes of such determination by certified
mail , return receipt requested . Comments from the tribes shall be accepted by the Director until
5 : 00 p . m . on the fourteenth ( 14th) day from the date notification was mailed to the tribes . Should
the fourteenth ( 14th) day fall on a nonbusiness day , the comment period shall be extended until
5 : 00 p . m . on the next business day .
m
16 . 08 . 1$`0 ENFORCEMENT . The provisions of this ordinance shall be enforced in
accordance with the provisions of CMC 14 . 13 .
Exhibit " A " - page 7