Archaeology is the study of past peoples through the things they left behind: tools, buildings, and even trash! These people often lived in the same places where we live today, and as a result, their things can be found in unexpected places, like farmers’ fields or even buried beneath the foundations of our houses.
So what happens when archaeology and development meet? Do private landowners have any responsibility to care for sites, and does the public have any say in what pieces of the past are significant? Recent events, like the moving of a petroglyph panel in St. George, UT by a construction crew, have spurred discussion on these kinds of questions.
Here, we’ll explore how communities use local policies, called archaeological ordinances, as tools to tackle the relationship between archaeology and development.
Archaeological ordinances are tools to help address the relationship between archaeology and development.
What are archaeological ordinances?
Archaeological resources on federal lands (like national parks) are protected by laws like the National Historic Preservation Act (NHPA) and the Archaeological Resources Protection Act (ARPA); these laws manage ground disturbances on sites, outline consequences for looting, and more. For state-owned lands, laws like Utah’s Code Section 9-8a-404, do the same.
However, private property is not subject to these rules. So how can communities determine what pieces of the past are important and what responsibilities private landowners may have toward them?
That’s where local policies guiding landowner actions, called ordinances, come in. These rules help to make sure that important cultural sites in a community are preserved for everyone to learn from and enjoy, even in the future. Because archaeological material is a non-renewable resource, meaning that once it is gone it can’t be replaced, policies like these can help communities honor their shared history as they grow and develop.
Archaeological ordinances vary from place to place; each city or town decides what rules work best for them to protect their unique history.
Archaeological ordinances vary from place to place; each city or town decides what rules work best for them to protect their unique history. Below are some examples of ordinances put in place by different communities across the nation.
Eagle Mountain, Utah
Chapter 17.58 of the Eagle Mountain Municipal Code serves as the city’s archaeological ordinance. Here, anyone can let the city know of the location of a potential archaeological or historic site, and private landowners are encouraged to do so. The city then gets in touch with the landowner to get written permission to access the site and from there, the city decides if a site is truly significant based on certain criteria.
(Click here to read Eagle Mountain’s criteria for site significance.)
Required:
- The site is located within the boundaries of Eagle Mountain City.
- The items that contribute to the important historical or archaeological site are a minimum of 100 years old (either by record or by the determination of experts or state historic preservation officers).
- The site retains its integrity in that there are no major alterations to have obscured or destroyed the significant archaeological features.
At Least One Required:
- The site is currently listed in the National Register of Historic Places, or it has been officially determined eligible for listing in the National Register under the provisions of 36 CFR 60.6(s).
- The site is associated with events that have made a significant contribution to the broad patterns of the prehistory or history of the city, state, or nation.
- The site is associated with lives of persons significant in the prehistory or history of the city, state, or nation.
- The site embodies the distinctive characteristics of a rare or unique type, period or method of construction, or that it represents the work of a master, or that it recognizes high artistic values or style, or that it represents a significant and distinguishable entity whose components may lack individual distinction.
- The site has yielded or may be likely to yield information important in prehistory or history. [Ord. O-02-2021 § 2 (Exh. A); Ord. O-15-2015 § 2 (Exh. A)].
The oldest archaeological resources in Eagle Mountain are petroglyphs associated with the Middle or Late Archaic Periods (the Middle Archaic Period began over 7,000 years ago)! Photo Courtesy: https://eaglemountain.gov/priorities-plans/historic-conservation/
If the city decides that a site is significant, an application to have it officially recognized as a landmark can be submitted by a property owner, resident, city body, or city staff. This means the site would be added to the city’s official list of important historical places. Another application for special zoning privileges (putting the site in a “historical preservation overlay zone”) can also be submitted.
In Eagle Mountain, once a site is determined to be important and becomes a part of a historical preservation overlay zone, it’s protected by law.
Once a site is determined to be important and becomes a part of a historical preservation overlay zone, it’s protected by law. The city has to carefully consider how future development may affect the site and how to minimize any damages. Also, before any excavation and construction permits are given, “the applicant shall provide a detailed plan describing measures that will be taken by the applicant to protect any ancient human remains or items or improvements of a cultural or historic significance, including petroglyphs, pictographs, historical buildings or structures, historical artifacts, historic gravesites, historic mines or wells, or historic trails.”
“Joe’s Dugout”, once one of twenty Pony Express stations in Utah, is an example of a historic site protected by Eagle Mountain’s archaeological ordinance. Photo Courtesy: https://eaglemountain.gov/priorities-plans/historic-conservation/
The code also explains how a historic preservation board for the city can be created to help make decisions related to historical and archaeological sites. It also states that any information related to a site should be kept private and confidential.
Scottsdale, Arizona
In 1999, the archaeological ordinance of Scottsdale, Arizona (Chapter 46, Article VI of the Scottsdale Revised Code) was passed in order to protect the cultural resources in the city from disturbance or destruction.
Built in 1920, the adobe-constructed Cavalliere Blacksmith Shop is a historical site protected by Scottsdale’s archaeological ordinance. Photo Courtesy: https://www.achp.gov/preserve-america/community/scottsdale-arizona
In Scottsdale, it is required for an archaeological survey to be completed by a qualified archaeologist before any construction or development begins.
This rule requires an archaeological survey to be completed by a qualified archaeologist before any construction or development begins; the archaeologist must also write a report of their findings. The rule does have some exceptions; for example, building a private single-family home on a single-family lot doesn’t require a full archaeological survey. All developments, whether exempted from a survey or not, must alert the city archaeologist or the local historic preservation officer if any material that might be of archaeological or historical importance is found during the project.
Once the survey is completed, the report is given to the city for the city’s staff and historic preservation commission to review. In order to be considered significant, a site must meet certain criteria.
(Click here to read Scottsdale’s criteria for site significance.)
Must meet one or more of the following:
- The property represents a period or periods of prehistory or history in Scottsdale more than fifty (50) years old. The property can be evaluated in comparison to similar known sites and compared to what is currently known of Scottsdale and the region’s prehistory and history, and/or
- Important information is present on the property, or from artifacts collected from the property, and/or
- The property has research potential and research questions can be addressed through artifacts found on or collected from the property. The property has contributed important information regarding past human life and culture in Scottsdale and the desert, and/or
- The property contains a high frequency, density, diversity, or substantial number of archaeological resources, and/or
- The property’s archaeological resources possess integrity that positively affects their significance and the potential for the resources to yield important information, and/or
- If artifacts have been excavated from the property, the information yielded from the artifacts and excavation has contributed to the knowledge of past cultures or archaeological techniques, and/or
- The property possesses resources, such as buildings or structures, which can be documented to be architecturally or historically significant in their own right, and/or
- The archaeological resources on or from the property have been acknowledged by the historic preservation commission or the city council as resources of particular importance in the history of human activities or settlement in the City of Scottsdale, and/or
- In cooperation with any Native American community, the historic preservation commission or city council has identified the types of resources on the property as important and significant to the prehistory or history of Native Americans.
The Hohokam, an ancient people that practiced farming in southern Arizona and are estimated to have thrived in the area between 300 AD and 1500 AD, left behind much of the archaeological material found in Scottsdale. The ruins pictured above are found in nearby Casa Grande. Photo Courtesy: https://www.nps.gov/articles/hohokam-culture.htm
If the site isn’t significant, a “Certificate of No Effect” is given; this means the project can move forward. However, if a site is found to be important, the project has to have a qualified archaeologist create a plan to minimize any damage. This plan is then given to the city to review; if it is approved, a “Certificate of Approval” is issued and the development can start.
If an applicant disagrees with the city’s decision, they have an opportunity to appeal. Applicants also have a chance to receive a “Certificate of Economic Hardship” if the approved mitigation plan would cause financial problems for the project. However, this is only given if the project meets certain requirements.
Iowa City, Iowa
Housed in the zoning code of Iowa City’s Code of Ordinances and passed in 2005, the city’s rules protecting archaeological resources begin with a statement explaining the purpose of the law:
- “Assure that sites that contain important information regarding the prehistory and history of the area are identified, studied, protected, or properly excavated when appropriate.
- Allow the opportunity for documentation and study of important prehistoric and historic sites.
- Allow for the consideration of prehistoric and historic sites in the planning and development of a property to minimize delays when it is determined that study or excavation of such sites is necessary.
- Provide for the early identification of human burial sites to ensure that the code of Iowa, as amended, regarding such burial sites is not violated and to avoid unnecessary delays in subdivision development and subdivision redesign if such sites are discovered after commencement of development.”
The Iowa City Beer Caves, a 150-year-old network of tunnels built and used by the Union Brewing Company, is a historic resource. Photo Courtesy: https://www.iowapublicradio.org/ipr-news/2023-10-30/archeologists-search-for-the-depths-of-iowa-city-beer-caves
In Iowa City, when any construction or development is planned, a map of known archaeological sites is used to see if any resources are known to be in the area. If there are, the development plan is sent to the Iowa State Archaeologist and the Iowa State Historic Preservation Officer for review; they will then let the city know if an archaeological site is located in the specific project boundary. They will also tell the city if the site needs to be studied further.
If it does, the state has 30 days to study the site; this makes sure that projects aren’t delayed for too long. The project may also choose to hire a state-approved archaeologist to do the work instead. If the site is significant enough that it should not be disturbed, “an attempt must be made to design the site plan, planned development or subdivision plan to allow retention of the site as private or public open space.”
In Iowa City, if an archaeological site is significant enough that it should not be disturbed, “an attempt must be made to design the site plan, planned development or subdivision plant to allow retention of the site as private or public open space.”
If more archaeological resources are found in the process of completing the project, the project has to tell the city and the city has to notify the state. The state will then study the find and decide whether it is significant, following the same process described earlier.
Significant sites are reviewed by the Iowa City Historic Preservation Commission and can be designated as local historic landmarks.
Adopting an Archaeological Ordinance
Archaeological ordinances put in place by local governments provide ways to consider a communities’ cultural heritage prior to development on private land. They ensure that historic and archaeological resources that aren’t protected by federal and state laws can be identified and, when appropriate, preserved for future generations to learn from and experience. Ordinances can help safeguard these resources by providing guidelines for construction and development projects, establishing criteria for deciding when a site should be considered significant, and outlining steps for creating historic preservation councils that assist in making decisions about these resources.
Archaeological ordinances put in place by local governments provide ways to consider a communities’ cultural heritage prior to development on private land.
Want to see if your community has an archaeological ordinance? Most cities have their municipal codes available online; just search the name of your city or town and “archaeological ordinance.” (Hint: Look for words like “Historic Preservation” or “Archaeological Protection”).
Not all communities currently have archaeological ordinances in place. If you want to support the adoption of an archaeological ordinance for your city or town, the Utah State Historic Preservation Office can help! Visit us at https://ushpo.utah.gov/ or contact SHPO’s Public Archaeologist Elizabeth Hora (Phone: 801-535-2504, Email: [email protected]) for more information.