Washington Administrative Code

Under normal circumstances, the responsible official is the director or the director's designee. The responsible official shall carry out duties and functions for the purpose of assuring the department's compliance with SEPA and SEPA guidelines. The responsible official may deleg…

(1) An applicant may ask the department whether issuance of a DS is likely for a proposal. This request for early notice must:(a) Be written;(b) Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency;…

The department designates its main department as its SEPA public information center. The mailing address is P.O. Box 48343, Olympia, Washington 98504-8343; telephone 360-586-3065.[Statutory Authority: RCW 27.34.220, 27.53.140, 43.21C.120. WSR 06-06-001, § 25-42-110, filed 2/15/06…

(1) When required under chapter 197-11 WAC, the department will give public notice by one or more of the following methods as appropriate for the specific circumstances:(a) Notifying public and private groups and agencies and tribes with known interest in a certain proposal or in…

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances shall not be affected.[Statutory Authority: RCW 27.34.220 and 43.21C.120. WSR 86…

The purpose of this chapter is to establish registration procedures for previously unreported historic archaeological resources discovered on, in, or under state-owned aquatic lands as provided for in chapter 27.53 RCW.[Statutory Authority: RCW 27.53.030, [27.53.]060 and 1988 c 1…

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Historic archaeological resources" means those properties, including, but not limited to all ships, or aircraft, and any part or the contents thereof and all treasure…

(1) Any person or entity who discovers a previously unreported historic archaeological resource abandoned for thirty years or more on, in, or under state-owned aquatic lands may register it with the department.(2) Each registration of a previously unreported historic archaeologic…

(1) In order to be considered complete, each registration form shall include:(a) A description of the historic archaeological resource sufficient to identify its historic association, identity, and integrity of its physical remains. Any historic information you have on the resour…

(1) When registration forms are submitted for the same resource by two or more entities, the applications shall be evaluated, accepted, or denied in sequence based upon the unique log number assigned by the department. The registration forms must be submitted via FedEx or other d…

(1) Each registration form shall be assigned a unique sequential log number upon date and time of receipt by the department and shall be evaluated in sequence.(2) Upon receipt of the registration form, the office shall inform the applicant by registered mail within fourteen calen…

(1) If a registration application is denied, a written statement of the reasons for the denial will accompany the notice of registration denial to the applicant.(2) Registration may be denied for the following reasons:(a) The application is incomplete or inadequate and has not be…

(1) Any affected person may request a hearing to appeal a denial of registration or extinguishment of a right of first refusal under WAC 25-46-160 to the director. A request for a hearing shall be made by filing a written application for adjudicative proceeding with the departmen…

(1) The department hereby adopts the model rules of procedure, chapter 10-08 WAC, adopted by the chief administrative law judge pursuant to RCW 34.05.250, as now or hereafter amended, for use in adjudicative proceedings of agency action under this chapter.(2) "Service" and "filin…

(1) Pursuant to RCW 34.05.482, the department will use brief adjudicative proceedings where permitted by law and where protection of the public interest does not require the department to give notice and an opportunity to participate to persons other than the parties. A brief adj…

(1) A respondent who receives a notice of registration denial under WAC 25-46-120 may request an emergency hearing under RCW 34.05.422 and 34.05.479 to contest the findings included in the notice of registration denial by filing an application for emergency adjudicative proceedin…

(1) Any person, firm, corporation, institution, or agency that discovers and registers a previously unreported historic archaeological resource abandoned on, in, or under state-owned aquatic lands with the department shall have a right of first refusal to future excavation and re…

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances shall not be affected.[Statutory Authority: RCW 27.53.030, [27.53.]060 and 1988 …

The purpose of this chapter is to establish application and review procedures for the issuance of archaeological excavation and removal permits and for the issuance of civil penalties as provided for in chapter 27.53 RCW.[Statutory Authority: RCW 27.34.220, 27.53.140, 43.21C.120.…

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Archaeology" means systematic, scientific study of the human past through material remains.(2) "Historic" means peoples and cultures who are known through written doc…

(1) This chapter applies to any person, as defined in WAC 25-48-020.(2) This chapter applies to the alteration, digging, excavating, or removal of archaeological objects or sites or historic archaeological resources which have been abandoned thirty years or more, and to the remov…

(1) The director's authority to determine violations of chapter 27.53 RCW and to impose civil penalties under RCW 27.53.095 and this chapter is delegated to the state archaeologist and the assistant state archaeologist, subject to review by the director as provided in WAC 25-48-1…

The overriding policy of the department is to assure the protection of the archaeological resources of the state. This policy results from:(1) The legislated duty of the department to preserve and protect the heritage of the state in a manner that does not impair the resources (R…

(1)(a) It is unlawful for any person to knowingly and willfully remove, alter, dig into, excavate or remove an archeological object or site or archeological resource without a permit required by RCW 27.53.060.(b) It is unlawful for any person to knowingly and willfully fail to co…

(1) Pursuant to RCW 27.53.095, a person found to have violated chapter 27.53 RCW or a permit issued under RCW 27.53.060 shall pay the reasonable investigative costs incurred by an independent professional archaeologist investigating the alleged violation who has been mutually agr…

(1) The state archaeologist or the assistant state archaeologist may decrease the penalty imposed under WAC 25-48-041(3) for the first or second violation upon a determination, supported by specific findings based on the following factors, that the circumstances of the violation …

(1) Any person or entity covered by this chapter proposing to dig, alter, excavate, and/or remove 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…

(1) Each application for an archaeological site alteration and excavation permit shall include:(a) An archaeological site alteration and excavation permit application coversheet;(b) Sufficient background information and summary of previous field investigation, research and data g…

(1) Upon receipt of a completed application form for archaeological excavation of an archaeological site, native Indian cairn or grave, or the removal of glyptic or painted records, the department, at least thirty days before issuing such a permit under this chapter, shall notify…

(1) The department will give public notice of a pending permit application by one or more of the following methods as appropriate for the specific circumstances in order to solicit public and scientific comment:(a) Notifying public and private groups, tribes, and agencies with kn…

Where the completed application is for the excavation and/or removal of an historic archaeological resource that is a shipwreck or historic aircraft that has been registered with the department by a person other than the applicant, the department will:(1) Notify the person by cer…

The department will normally act upon a permit application within sixty days of receipt of a complete permit application, except in the case of an historic archaeological resource where the applicant is not the holder of the right of first refusal. Such applications shall be subj…

(1) The department may issue an emergency permit immediately where delay could cause damage to an archaeological or historic resource or site, or to burial(s) or human remains.(2) Before issuing an emergency permit, the department shall require the applicant to provide the inform…

(1) In all permits issued, the department shall specify:(a) The nature and extent of work allowed and required under the permit, including the time, duration, scope, location, and purpose of the work;(b) The name of the individual(s) responsible for conducting the work and, if di…

If a permit is denied, a written statement of the reasons for the denial will accompany the notice of permit denial to the applicant as well as notice of the right to request a hearing. A permit may be denied if:(1) The application does not meet the requirements and standards in …

(1) Any person that has been denied a permit because the historic archaeological resource would be destroyed beyond mitigation by its method of salvage shall have the right of first refusal for a permit at a future date should technology be found which would make salvage possible…

(1) The state archaeologist or the assistant state archaeologist may suspend or revoke a permit issued pursuant to this chapter upon determining that the permittee has failed to meet any of the terms and conditions of the permit and upon at least twenty days written notice. In th…

(1) An applicant for or holder of a permit issued under this chapter may request a hearing to contest a penalty imposed under WAC 25-48-041, the terms and conditions imposed on a permit under WAC 25-48-100, a denial of a permit application under WAC 25-48-105, a suspension or rev…

(1) The department hereby adopts the model rules of procedure, chapter 10-08 WAC, adopted by the chief administrative law judge pursuant to RCW 34.05.250, as now or hereafter amended, for use in adjudicative proceedings of agency action under this chapter.(2) "Service" and "filin…

(1) Pursuant to RCW 34.05.482, the department will use brief adjudicative proceedings where permitted by law and where protection of the public interest does not require the department to give notice and an opportunity to participate to persons other than the parties. A brief adj…

(1) A respondent who receives a notice of summary suspension of a permit under WAC 25-48-110 may request an emergency hearing under RCW 34.05.422 and 34.05.479 to contest the findings included in the notice of summary suspension by filing an application for emergency adjudicative…

The following is a list of those areas where permits are required under RCW 27.53.060 to protect historic archaeological sites on aquatic lands:Lake Washington.Elliott Bay.Columbia River Bar.[Statutory Authority: RCW 27.34.220, 27.53.140, 43.21C.120. WSR 06-06-001, § 25-48-125, f…

(1) The permit granted by the department shall be either prominently displayed at all times upon the archaeological site being excavated during the permitted period, or carried on the person of the individual responsible for the field work, as specified in the permit.(2) If more …

A professional archaeologist, as defined in WAC 25-48-020(4), may collect radiocarbon samples without first obtaining a permit under this chapter if the following conditions are met:(1) The sample or samples must consist of charcoal or shell; no human or mammal bone may be sample…

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances shall not be affected.[Statutory Authority: RCW 27.34.220 and 27.44.020. WSR 86-…

The purpose of this chapter is to establish criteria for application and designation of Washington main street communities under chapter 43.360 RCW.[Statutory Authority: RCW 27.34.220, 27.53.140, and 43.21C.120. WSR 16-21-003, § 25-50-010, filed 10/6/16, effective 1/1/17.]

(1) "Department" means the department of archaeology and historic preservation.(2) "Director" means the director of the department.(3) "Washington state main street program" or "WSMSP" means the program established by the department pursuant to chapter 43.360 RCW.(4) "Washington …

(1) To apply for designation as a Washington main street community through WSMSP, an eligible organization must complete an application form and submit it to the WSMSP.(2) Each application shall be submitted in a form approved by the state historic preservation officer, by Octobe…

Each application for designation as a Washington main street community shall include information demonstrating that the applicant meets the following criteria:(1) Has obtained and will maintain status as an independent, recognized 501 (c)(3) or (c)(6) nonprofit organization with …

To maintain its designation as a Washington main street community, the Washington main street community must successfully fulfill the following:(1) Annually, submit to the WSMSP the minutes of the annual meeting of the Washington main street community's board of directors.(2) Com…