What happens when excavation finds archaeology or human remains in Washington?
Digging into a Washington archaeological site needs a permit from the Department of Archaeology and Historic Preservation before the work. Disturbing a native Indian grave is a felony, and one disturbed by accident is reinterred under the tribe's supervision. Skeletal human remains stop the work and are reported to the coroner and police.
The duties, in the library's order
| Duty | Window and section | If missed |
|---|---|---|
| Hold the written permit of the director of the Department of Archaeology and Historic Preservation before knowingly digging into, altering or removing any part of an archaeological site, and keep it on site while the work goes on | none setRCW 27.53.030(2), (3), 27.53.060(1), (2), (4), (5), 27.53.070(1), 27.53.090, 27.53.095(1) | an offenceLapsed compliance |
| Do not knowingly remove, injure or destroy a native Indian cairn or grave or a glyptic or painted record, and if the work disturbs one by accident, reinter the remains under the supervision of the appropriate Indian tribe | none setRCW 27.44.020, 27.44.040, 27.44.050 | an offenceLapsed compliance |
| On finding skeletal human remains during ground disturbing work, stop any activity that may disturb them further, protect the area, and report them to the coroner and local law enforcement in the most expeditious manner possible | none setRCW 68.50.645(1)-(4); 27.44.055 | an offenceLapsed compliance |
What the library notes on each duty
Quoted a whole sentence at a time from the library's note on each row.
Hold the written permit of the director of the Department of Archaeology and Historic Preservation before knowingly digging into, altering or removing any part of an archaeological site, and keep it on site while the work goes on
RCW 27.53.030(2), (3), 27.53.060(1), (2), (4), (5), 27.53.070(1), 27.53.090, 27.53.095(1) · none set · an offence
- Applies on private and public lands, to any person, firm, corporation or public agency that knowingly removes, alters, digs into or excavates, or damages, defaces or destroys, a historic or prehistoric archaeological resource or site (s 27.53.060(1)).
- Violating the chapter is a misdemeanor, and each day of continued violation is a separate offense (s 27.53.090).
- The chapter imposes no duty to stop and report an archaeological find; it only encourages people to tell the department (s 27.53.070(1)).
Do not knowingly remove, injure or destroy a native Indian cairn or grave or a glyptic or painted record, and if the work disturbs one by accident, reinter the remains under the supervision of the appropriate Indian tribe
RCW 27.44.020, 27.44.040, 27.44.050 · none set · an offence
- A person who disturbs a native Indian grave through inadvertence, including through construction, must reinter the human remains under the supervision of the appropriate tribe, at the expense of the Department of Archaeology and Historic Preservation (s 27.44.040(1)).
- It is a complete defense to prove, on the preponderance of evidence, that the acts were accidental or inadvertent, that reasonable efforts were made to preserve what was disturbed, and that the accidental discovery was properly reported (s 27.44.040(4)).
On finding skeletal human remains during ground disturbing work, stop any activity that may disturb them further, protect the area, and report them to the coroner and local law enforcement in the most expeditious manner possible
RCW 68.50.645(1)-(4); 27.44.055 · none set · an offence
- Any person who knows of the remains and has no good reason to believe the coroner and local law enforcement already know, and fails to tell them, is guilty of a misdemeanor (s 68.50.645(1)).
- The later steps bind others and run in business days: the coroner decides within 5 business days whether the remains are forensic, where the evidence allows, and notifies the Department of Archaeology and Historic Preservation within 2 business days if they are not (s 68.50.645(3), (3)(a)).
- The section does not say when the stopped work may resume.
What this page is, and is not
It is the section text this library holds for Washington State, read from the Revised Code of Washington and the Washington Administrative Code, among them chapter 39.12 RCW, chapter 60.04 RCW and chapter 19.122 RCW, with the window and the consequence. It is not legal advice, and it is not a substitute for reading the statutes, the contract you signed and its specifications.
Demiton does not track jobs in Washington yet. These pages set out the duties the library holds for a Washington job, so you can check your own.
No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.