(A) Under certain circumstances, the county may determine, pursuant to § 153.02 or the definition of archaeological resources above, that certain material remains are not or are no longer of cultural interest, and therefore are not to be considered cultural resources under this chapter.
(B) The county may make such a determination if the county finds that the resources are not capable of providing scientific or humanistic understandings of past human behavior, cultural adaptation, and related topics.
(C) Prior to making a determination that resources are not or are no longer protected cultural resources, the county may complete some or all of the following procedures:
(1) A professional evaluation of resources and similar materials within the area under consideration will be completed; and/or
(2) The State Historic Preservation Officer will be requested to recommend whether the resources under consideration contribute to scientific or humanistic understandings of past human behavior, cultural adaptation, and related topics.
(D) The county will make the determination based upon established facts and recommendations of knowledgeable individuals and will document the basis.
(E) The county will make public record of the determination and any permitting requirements for activities associated with the materials determined not to be cultural resources.
(F) Any determination made pursuant to this section shall in no way affect any person’s obligations under other applicable laws or regulations.
(Ord. 2013-1, passed 7-8-2013)