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Exemptions for Archaeological Surveys

Archaeological Ordinance - Exemptions for Archaeological Surveys

What types of development projects are exempt from the archaeological survey and report requirements?

A variety of development projects are exempt from field surveys where projects will have little or no land disturbed and therefore minimal impact on archaeological resources is expected. The text in Ordinance 3243 Section 46-132 on exemptions is as follows:

A. An archaeology survey and report is not required for the following exempt development projects:

1. A private single family residence on a single family lot.

2. A non-residential development with one (1) acre or less ground disturbance activity by the project. This exemption does not apply to a linear project, such as an underground utility installation, greater than one thousand feet (1000’) in length, and with above ground or below ground disturbance of greater than two feet (2’) in width or depth. A report by a qualified archaeologist on a records check is still required to identify potential archaeological resources that may be discovered or disturbed by construction.

3. Any development project within a land area that has been mapped by the Historic Preservation Commission to be exempt based upon recent research. The Historic Preservation Commission can establish and modify exempt areas based upon available data.

4. Any approved master planned development with a previously completed and approved archaeological survey and report within the last five (5) years. Development Review Board applications in a master planned development can still be required to complete a mitigation plan if a significant archaeological site is impacted by the development.

5. Any existing development project subject to a development or redevelopment agreement that contains specific provisions requiring the identification of archaeological resources in a report and the consideration of archaeological resources. The terms of the agreement shall control the requirements for archaeological resources.

B. Section 46-134 on discoveries during construction still applies to any development project exempt from completing an archaeology survey and report.

C. An archaeology survey is not required for a development project on previously disturbed land where fifty percent (50%) or more of the land was built upon prior to the current development project. This exemption applies to archaeological surveys only. A report by a qualified archaeologist on a records check is still required to identify potential archaeological resources that may be discovered or disturbed by construction. Section 46-134 on discoveries during construction still applies to a development project on previously disturbed land.

D. The following approved and pending applications, as of the effective date of Ordinance 3243, and subsequent applications relying on the prior approvals listed are exempt from the archaeology survey and report requirement. Section 46-134 on discoveries during construction still applies to any development project exempt from completing an archaeology survey and report.

1. Building permits.

2. Single family residential lot splits into two or three lots.

3. Development Review Board cases including preliminary plats. This exemption does not apply to requests for extensions beyond the one (1) year time period the Development Review Board approval is valid.

4. Final plats. exempt