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Governor's Executive Order 21-02

For more information, contact:
2102@dahp.wa.gov
 
For Archaeological and Tribal Questions:
Rob Whitlam
State Archaeologist
(360) 890-2615
 
For Built Environment Questions:
Maddie Levesque
Architectural Historian
(360) 819-7203

Governor Jay Inslee signed Executive Order 21-02 on April 7, 2021. It replaced former Executive Order 05-05, signed by Gov. Chris Gregoire in 2005. GEO 21-02 requires state agencies using capital funds to consider how proposed projects may impact cultural resources.The process includes asking DAHP and the tribes for their input and negotiating to avoid adverse impacts to archaeology and historic resources. Agencies should consult with DAHP early in the planning process, during the pre-design or design phase.

 

Capital projects may include:

- new construction
- demolition
- ground disturbance
- rehabilitation/renovation
- acquisition of buildings or land

 

Do You Need a 21-02 Letter from DAHP?

If you need a letter from DAHP to show you have asked for our input, please follow these steps to get started:

Step 1: The state agency (or delegated recipient) may fill out and submit an EZ/Project Review Form. This gives us initial information about the project to review. 

Step 2: Please allow up to 30 days for a response. We respond via email. If you do not hear back within 30 days, please feel free to reach out to ensure we received your request.

Step 3: The letter you receive will tell you if there are any historic or archaeological properties that may be affected by the project and/or if there is anything else you need to do. 

The following are the possible responses from DAHP and what they mean:

1. More information is needed - We did not receive enough information about the project or project area to determine if historic resources will be impacted. The letter will ask you to provide more information.

2. Not Eligible for National Register/No Historic Resources Impacted - There are no historic resources in the project area. No further coordination with DAHP is needed unless there is a change in the project area or archaeological/historic resources are discovered during construction. 

3. No Adverse Impact - There are historic resources in the project area, but the proposed project will not impact them. No further coordination with DAHP is needed  unless there is a change in the scope or archaeological/historic resources are discovered during construction. 

4. Adverse Impact - There are historic resources in the project area and they will be adversely impacted by the project. Further coordination is needed. The letter will indicate that we would like to work with you to revise the project. If revision is not possible, we will work with you to develop resolution for the adverse impact. Please email us back or call us to work through the process. 

Resolution of Adverse Impacts

DAHP encourages the agencies and project proponents to avoid or minimize adverse impacts. If the agency cannot avoid or minimize adverse impacts, a mitigation plan will be developed. 

Mitigation for archaeological sites:

  • IMPORTANT: Regardless of funding mechanism, projects that impact archaeological sites or resources must obtain an archaeological monitoring or excavation permit from DAHP as required by RCW 27.53.
  • Mitigation for impacts to archaeological sites is negotiated and documented through the issuance of archaeological monitoring and excavation permits as described in WAC 25-48

Mitigation for other types of resources: (Buildings, Structures, Sites, Objects, Traditional Cultural Places, and Sacred Sites)

  • The agency and DAHP will agree on stipulations to be memorialzied in a Memorandum of Understanding (MOU) or stipulate the mitigation plan in the agency grant agreement/contract with a grantee.
  • For more information about what mitigation looks like please see our Mitigation Options page.
EO21-02 Guidance Documents