Preservation Laws

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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:

• Executive Order 21-02
• Advisory Council on Historic Preservation (WAC 25-12)
• 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)