Are there any legal protections for historic sites in land use law?
Yes, there are legal protections for historic sites in land use law in Washington. Washington State law protects certain sites from destruction or development through zoning regulations. These zoning regulations can require those wanting to develop land to seek additional environmental reviews, or set up buffers and other protections to reduce the impact of development. In Washington, the State Historic Preservation Office (SHPO) is responsible for reviewing and issuing permits for the destruction or development of properties that are determined to be eligible or listed in the National Register of Historic Places. If a historic property is determined to be eligible for National Register listing, certain standards must be followed by potential developers in order to safeguard the integrity of the property. The Washington State Legislature has also adopted specific provisions that protect historic sites through land use law. These provisions include rules for the protection of archaeological sites, the ability for local governments to implement additional protections for historic sites, and the establishment of a review process for development of lands within the boundaries of a recognized historic district. Finally, Washington State law also provides for the protection of certain archaeological sites and objects associated with them through the Washington State Archaeological Resources Protection Act. This law requires that those wanting to develop or disturb archaeological sites obtain a permit through the Washington State Department of Archaeology and Historic Preservation. This law is in place to ensure that archaeologists are able to protect and document these sites and objects before they are destroyed or impacted by development.
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