GARFIELDCOUNTY
CULTURAL RESOURCE PROTECTION
ORDINANCE 2013-1
WHEREAS, Garfield County recognizes the value and importance of heritage and culture, including but not limited to, natural history, historical activities, architecture, agricultural industries, archaeological, economic enterprises, engineering, cultural resources, sites, and artifacts; and
WHEREAS,GarfieldCounty supports efforts to preserve, develop, interpret, use, and enjoy the history, heritage, culture, and traditional activities in the County; and
WHEREAS, Cultural Resources have monetary, cultural, and intrinsic value; and
WHEREAS, Cultural Resources that are removed from the County result in a loss of monetary, cultural, and intrinsic values; and
WHEREAS, Garfield County desires to have increased interpretive opportunities associated with cultural resources and desires to have a facility within the County where residents and visitors may view, handle, appreciate, use, and enjoy such artifacts; and
WHEREAS,There is not currently such a facility in the County; and
WHEREAS,GarfieldCounty desires to increase educational opportunities associated with cultural resources; and
WHEREAS, There is no set criteria for determining outstandingly, remarkable, and important relevant values associated with cultural resources; and
WHEREAS,Various groups and individuals are increasingly using cultural resources to incorrectly justify restrictions of multiple use activities on the lands in GarfieldCounty; and
WHEREAS,Garfield County is opposed to speculative consideration of cultural resources,
NOW THEREFORE, IT IS ORDAINED BY THE GARFIELDCOUNTY COMMISSION TO HEREBY ADOPT THE PROTECTION OF CULTURAL RESOURCES AS FOLLOWS:
PROTECTION OF CULTURAL RESOURCES
An ordinance establishing the uniform definitions, standards, and procedures to be followed by all land managers/persons in providing protection for cultural resources located on lands in GarfieldCounty.
Establishing a Cultural Preservation Commission
To survey and inventory County cultural resources,
To review proposed nominations to the National Register of Historic Places,
To review and designate “Outstandingly Remarkable” and “Relevant - Important” cultural resources,
To review applications for certificates of appropriateness,
To provide advice and information to County officials and other governmental officials,
To support enforcement of federal, state and local cultural preservation laws, and
Making technical changes.
Adopting this Ordinance as part of the County’s General Plan
PROTECTION OF CULTURAL RESOURCES
SECTION 1 - PROTECTION OF CULTURAL RESOURCES
1.1 Purpose.
1.2 Authority.
1.3 Definitions.
1.4 Prohibited acts and criminal penalties.
1.5 Permit requirements and exceptions.
1.6 Application for permits and information collection.
1.7 Issuance of permits.
1.8 Terms and conditions of permits.
1.9 Suspension and revocation of permits.
1.10 Appeals relating to permits.
1.11 Relationship to section 106 of the National Historic Preservation Act.
1.12 Custody of cultural resources.
1.13 Determination of resource value and cost of restoration and repair.
1.14 Confidentiality of cultural resource information.
1.15 Public awareness programs.
1.16 Surveys and schedules.
1.17 Determination of loss or absence of cultural interest.
1.18 Procedural information for securing permits.
1.19 Permit reviews and disputes.
SECTION 2 - CULTURAL PRESERVATION COMMISSION, REGISTER OF CULTURAL RESOURCES, REGISTER OF CULTURAL LANDMARKS, REGISTER OF OUTSTANDINGLY REMARKABLE / RELEVANT - IMPORTANT CULTURAL RESOURCES, REGISTER OF OUTSTANDINGLY REMARKABLE / RELEVANT - IMPORTANT SCENIC CULTURAL RESOURCES
2.1 Purpose.
2.2 Authority.
2.3 Cultural Preservation Commission.
2.4 Cultural Preservation Commission Duties.
2.5 Cultural Preservation Officer.
2.6 Cultural Preservation Officer Duties.
2.7 GarfieldCounty Register of Cultural Resources.
2.8 Designation Procedures.
2.9 GarfieldCounty Cultural Landmark Register.
2.10 Designation Procedures.
2.11 Standards for Rehabilitation and Design Guidelines.
2.13 Designation Procedures.
2.14 Scenery
2.15 Severability.
2.16 Repealer.
2.17 Effective Date.
SECTION 1PROTECTION OF CULTURAL RESOURCES
1.1 PURPOSE
(a) This ordinance implements provisions of the Archaeological Resources Protection Act of 1979, as amended (16 U.S.C. 470aa-mm) by establishing uniform definitions, standards, and procedures to be followed by all land managers/persons in providing protection for cultural resources located on lands in Garfield County. These regulations enable land managers and local officials to protect cultural resources, taking into consideration State and Federal statutes, through permits authorizing excavation and/or removal of cultural resources, through penalties for unauthorized excavation and/or removal, through provisions for the preservation of cultural resource collections and data, and through provisions for sharing of information about specific resources when disclosure would create a benefit to the resource.
(b) The ordinance does not impose any new restrictions on activities permitted under other laws, authorities, and regulations relating to mining, mineral leasing, reclamation, and other multiple uses of the public lands.
(c) The ordinance establishes a Garfield County register of cultural resources, a County register of cultural landmarks and establishes procedures for their use.
(d) The ordinance establishes criteria for designating cultural resources as Outstandingly Remarkable or Important - Relevant in connection with federal land management processes and special designation evaluationsand creates a County register of outstandingly remarkable / relevant – important cultural resources.
1.2 AUTHORITY
(a) This ordinance is compatible with existing law which requires that the Federal land managers jointly develop uniform rules and regulations for carrying out the purposes of Federal protection acts.
(b) Federal law provides that each Federal land manager shall promulgate such rules and regulations, consistent with the uniform rules and regulations as may be necessary for carrying out the purposes Federal preservation acts.
(c) In addition to federal regulations, the Utah State Legislature has recognized the value and interest of cultural resources to the public. Utah Code Annotated 17-50-326authorizes Counties to:
(1) Preserve, protect and enhance cultural sites and areas;
(2) Insure proper development and utilization of lands adjacent to cultural sites and areas.
(d) U.C.A 17-50-302 authorizes County Commissions to exercise powers and perform functions related to the safety, health, morals, and welfare of County inhabitants.
(e) U.C.A 17-50-316 authorizes County Commissions to provide for the protection and the development of historical, cultural and other resources.
1.3 DEFINITIONS
As used for purposes of this ordinance:
(a) Archaeological Resource means any material remains of human life or activities which are at least 100 years of age, and which are of archaeological interest.
(1) 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.
(2) Material remains means physical evidence of human habitation, occupation, use, or activity, including the site, location, or context in which such evidence is situated.
(3) The following classes of material remains (and illustrative examples), if they are at least 100 years of age, are of archaeological interest and shall be considered archaeological resources unless determined otherwise pursuant to paragraph (a)(4) or (a)(5) of this section:
(i) Surface or subsurface structures, shelters, facilities, or features (including, but not limited to, domestic structures, storage structures, cooking structures, ceremonial structures, artificial mounds, earthworks, fortifications, canals, reservoirs, horticultural/agricultural gardens or fields, bedrock mortars or grinding surfaces, rock alignments, cairns, trails, borrow pits, cooking pits, refuse pits, burial pits or graves, hearths, kilns, post molds, wall trenches, middens);
(ii) Surface or subsurface artifact concentrations or scatters;
(iii) Whole or fragmentary tools, implements, containers, weapons and weapon projectiles, clothing, and ornaments (including, but not limited to, pottery and other ceramics, cordage, basketry and other weaving, bottles and other glassware, bone, ivory, shell, metal, wood, hide, feathers, pigments, and flaked, ground, or pecked stone);
(iv) By-products, waste products, or debris resulting from manufacture or use of human-made or natural materials;
(v) Organic waste (including, but not limited to, vegetal and animal remains, coprolites);
(vi) Human remains (including, but not limited to, bone, teeth, mummified flesh, burials, cremations);
(vii) Rock carvings, rock paintings, intaglios and other works of artistic or symbolic representation;
(viii) Rock shelters and caves or portions thereof containing any of the above material remains;
(ix) Any portion or piece of any of the foregoing.
(4) The following material remains shall not be considered of archaeological interest, and shall not be considered to be archaeological resources for purposes of the Act and this part, unless found in a direct physical relationship with archaeological resources as defined in this section:
(i) Paleontological remains;
(ii) Coins, bullets, and unworked minerals and rocks.
(5) The Commission may determine that certain material remains, in specified areas of Garfield County, and under specified circumstances, are not or are no longer of cultural interest and are not to be considered cultural resources under this ordinance. Any determination made pursuant to this subparagraph shall be documented. Such determination shall in no way affect the land manager's/person’s obligations under other applicable laws or regulations.
(b) Arrowhead means any projectile point which appears to have been designed for use with an arrow.
(c) Cultural Resource includes, but is not limited to, any object, building, structure, site, area, place, activity, record, or manuscript which is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural development of GarfieldCounty.
(d) Land Manager means:
(1) With respect to any public lands, the secretary of the department, or the head of any other agency or instrumentality of the United States, having primary management authority over such lands, including persons to whom such management authority has been officially delegated;
(2) In the case of Indian lands, or any public lands with respect to which no department, agency or instrumentality has primary management authority, such term means the Secretary of the Interior;
(3) The Secretary of the Interior, when the head of any other agency or instrumentality has, pursuant to section 3(2) of the Act and with the consent of the Secretary of the Interior, delegated to the Secretary of the Interior the responsibilities (in whole or in part) in this ordinance.
(e) Outstandingly Remarkable / Relevant-Important means: rare, unique or regionally exemplary. Federal regulation is largely silent on definitions for outstandingly remarkable/relevant - important values. Minimum standards apply for cultural resources in GarfieldCounty as described in specific sections of this ordinance.
(f) PublicLand means:
(1) Lands which are owned and administered by the United States as part of the National Park system, the National Wildlife Refuge system, or the National Forest system; and
(2) All other lands the fee title to which is held by the United States, except Indian lands.
(g) IndianLand means lands of Indian tribes, or Indian individuals, which are either held in trust by the United States or subject to a restriction against alienation imposed by the United States, except for subsurface interests not owned or controlled by an Indian tribe or Indian individual.
(h) Indian Tribe as defined in the Act means:
(1)Any Indian tribe, band, nation, other organized group, or community which is included in the annual list of recognized tribes published in the Federal Register by the Secretary of the Interior pursuant to 25 CFR part 54;
(2) Any other tribal entity acknowledged by the Secretary of the Interior pursuant to 25 CFR part 54 since the most recent publication of the annual list;
(i) Person means an individual, corporation, partnership, trust, institution, association, or any other private entity, or any officer, employee, agent, department, or instrumentality of the United States, or of any Indian tribe, or of any State or political subdivision thereof.
(j) Region of Comparison means geographical areas comprised of the State of Utah, the Colorado Plateau, the Four Corners Area, and the traditional lands of the Anasazi, Paiute, and Navajo tribes.
(k) Site Of Religious Or Cultural Importance means a location which has traditionally been considered important because of a religious event which happened there; because it contains specific natural products which are of religious or cultural importance; because it is believed to the be dwelling place of, the embodiment of, or a place conducive to communication with spiritual beings; because it contains elements of life-cycle rituals, such as burials and associated materials; or because it has other specific and continuing significance in Garfield County religion or culture.
1.4 PROHIBITED ACTS AND CRIMINAL PENALTIES
(a) No person may excavate, remove, damage, or otherwise alter or deface, or attempt to excavate, remove, damage, or otherwise alter or deface any cultural orarchaeological resource located on public lands or Indian lands unless such activity is pursuant to a permit issued by Garfield County or exempted by Sec. 1.5(b) of this Ordinance.
(b) No person may sell, purchase, exchange, transport, or receive any archaeological resource, if such resource was excavated or removed in violation of:
(1) The prohibitions contained in paragraph (a) of this section; or
(2) Any provision, rule, regulation, ordinance, or permit in effect under any other provision of Federal, State or Local law.
(c) No person may destroy, eliminate, diminish, or remove any cultural resource listed on the GarfieldCounty register of Cultural Resources:
(1) In violation of any rule, regulation, ordinance, or permit in effect under any other provision of Federal, State or Local law; and
(2) Without Approval of GarfieldCounty.
(d) A person is guilty of a class B misdemeanor if that person:
(1) Violates this part of the ordinance: or
(2) Counsels, solicits, or employs any other person to violate this part.
1.5 PERMIT REQUIREMENTS AND EXCEPTIONS
(a) Any person proposing to excavate and/or remove archaeological resources from lands in Garfield County, and to carry out activities associated with such excavation and/or removal, or proposing to destroy, eliminate, diminish, or remove any cultural resource listed on the Garfield County register of Cultural Resources shall apply to the Garfield County for a permit for the proposed work, and shall not begin the proposed work until a permit has been issued. GarfieldCounty may issue a permit to any qualified person, subject to appropriate terms and conditions, provided that the person applying for a permit meets conditions in Sec. 1.7 (a) and 1.8 (a) of this part.
(b) Exceptions:
(1) No permit shall be required under this part for any person conducting activities on lands in Garfield Countyunder other permits, leases, licenses, or entitlements for use, when those activities are exclusively for purposes other than the excavation and/or removal of archaeological resources, even though those activities might incidentally result in the disturbance of archaeological resources. General earth-moving, excavation, road work, mining, drilling conducted under a permit or other authorization shall not be construed to mean excavation and/or removal as used in this part. This exception does not, however, affect the person’s responsibility to comply with other authorities which protect archaeological resources.
(2) No permit shall be required under this part for any person collecting for private purposes any rock, coin, bullet, or mineral which is not an archaeological resource, provided that such collecting does not result in disturbance of any archaeologicalor cultural resource.
(c) Persons carrying out official agency duties under a Federal/State land manager's direction, associated with the management of archaeological resources, need not follow the permit application procedures if the Federal/State Land Manager has obtained a permit for such activities for resources within his/her boundary . However, the Federal/State land manager shall insure that permit provisions are met if activities affect any cultural resource listed on the Garfield County Register of Cultural Resources.
1.6APPLICATION FOR PERMITS AND
INFORMATION COLLECTION
(a) Any person may apply to Garfield County for a permit to excavate and/or remove archaeological resources from or to impact cultural resources in Garfield County and to carry out activities associated with suchactions.
(b) Each application for a permit shall include:
(1) The nature and extent of the work proposed, including how and why it is being conducted, proposed time of performance, location maps, and proposed outlet for public written dissemination of the results.
(2) The name and address of the individual(s) proposed to be responsible for conducting the work and carrying out the terms and conditions of the permit, institutional affiliation, if any, and evidence of education, training, and experience in accord with the minimal qualifications listed in Sec. 1.7(a)(1).
(3) Evidence of the applicant's ability to initiate, conduct, and complete the proposed work, including other permits issued for the work, evidence of logistical support and laboratory facilities.
(4) Where the application is for the excavation and/or removal of archaeological resources from GarfieldCounty:
(A) The name of the institution in which the applicant proposes to store all items derived from the proposed work.
(B) Reasons, if any, why the items cannot remain in GarfieldCounty for the use, benefit and enjoyment of the County’s residents and visitors.
(C) Proposed plans for returning the items for the use, benefit and enjoyment of the County’s residents and visitors.
(5) Where the application is for the destruction, elimination, diminishment, or removal of any cultural resource listed on the GarfieldCounty register of Cultural Resources:
(A) The scientific information justifying the action.
(B) Resources allocated for in kind replacement and/or
equal compensation for loss of the resource.
(C) Alternatives available for completing the action without
impacting the resource.
(D) How the action complies with GarfieldCounty’s no net
loss of cultural resources policy.
(6) Where the proposed activity (including management actions) positively or negatively impacts an Outstandingly Remarkable or Relevant-Important feature:
(A) Evidence the feature is listed on the Garfield County register ofOutstandingly Remarkable – Relevant ImportantCultural Resources;
(B) Proposed impacts to the feature, including improved opportunities for public benefit, use and enjoyment;
(C) Alternatives to the proposed action and comparative benefits and detriments to the resource, including opportunities for public benefit, use and enjoyment;
(c) Garfield County may require additional information, pertinent to cultural resource protection responsibilities, to be included in the application for permit and shall so inform the applicant.