Preservation Laws
General Historic Preservation Laws
In Washington State, historic sites are protected by a variety of state and federal laws. Federal law applies to all projects that involve federal money, permits and/or licenses. Washington State law applies to all local projects. The following is a list of existing laws regulating historic sites within the state:
Selected Federal Laws on Historic Preservation:
- National Historic Preservation Act
- 36 CFR Part 60 (National Register of Historic Places)
- 36 CFR Part 61 (Procedures for State, Tribal, and Local Government Historic Preservation Programs)
- 36 CFR Part 63 (Determinations of Eligibility for Inclusion in the National Register of Historic Places)
- 36 CFR Part 65 (National Historic Landmarks Program)
- 36 CFR Part 68 (The Secretary of the Interior's Standards for the Treatment of Historic Properties)
- Section 106
- Section 304 NHPA Guidance from ACHP
- Professional Qualification Standards
- Executive Order 11593 (Protection and Enhancement of the Cultural Environment)
- Executive Order 13006 (Locating federal Facilities in Historic Properties)
- MOU - Regarding Federal iterangcy Coordination and Collaboration for the Protection of Indigenous Sacred Sites - Nov 2021
- Moss-Bennett Act
- Other Federal Laws
Washington State Laws on Historic Preservation:
- Department of Archaeology & Historic Preservation - Authorizing Statue - (RCW 43.334)
- Executive Order 21-02
- Advisory Council on Historic Preservation (WAC 25-12)
- Historic Preservation (WAC 365-196-450)
- Abandoned and Historic Cemeteries and Historic Graves (RCW 68.60)
- Washington State Historic Building Code (RCW 19.27.120)
- Heritage Barn Program (RCW 27.34.400)
- State Historical Societies - Historic Preservation (RCW 27.34)
Archaeology Laws
In Washington State, archaeological sites and Native American graves are protected from known disturbance by a variety of state and federal laws. Federal law applies to all federal and native American lands and Washington State law applies to all other lands. The following is a list of existing laws regulating archaeological sites within the state:
Selected Federal Laws on Archaeology:
- Archaeological Resource Protection Act of 1979
- Archaeological and Historic Preservation Act of 1974
- Native American Graves Protection and Repatriation Act
- National Historic Preservation Act
Washington State Laws on Archaeology:
- Executive Order 21-02
- Archaeological Sites and Resources (RCW 27.53)
- Archaeological Excavation and Removal Permit (WAC 25-48)
- Abandoned and Historic Cemeteries and Historic Graves (RCW 68.60)
- Registration of Historic Archaeological Resources on State-Owned Aquatic Lands (WAC 25-46)
- Aquatic Lands - In General (RCW 79.90.565)
- Archaeological Site Public Disclosure Exemption (RCW 42.56.300)
Human Remains and Cemetery Laws
Washington State Laws on Human Remains and Cemeteries
- Indian Graves and Records (RCW 27.44)
- Human Remains (RCW 68.50)
- Abandoned and Historic Cemeteries and Historic Graves (RCW 68.60)
- State Physical Anthropologist (RCW 43.334.075)
- Skeletal Human Remains Assistance Account (RCW 43.334.077)
- Cemeteries - Burial Sites - Centralized Database (RCW 27.34.415)
