A Relatively Painless Overview of
Federal and SC Historic Preservation
Regulations
Federal
Laws and Regulations
National Historic Preservation
Act (NHPA or Section 106)
Section 106 requires federal
agencies to review the effect their
actions may have on heritage
resources that are listed on or
eligible for the National Register
of Historic Places. Review
procedures followed are referred to
as "the Section 106 process" and are
set out in the regulations issued by
the Advisory Council on Historic
Preservation (36CF800). The
regulations emphasize the need for
consultation between the federal
agency undertaking the action and
the state historic preservation
officer. The process is designed to
identify historic properties that
are eligible for listing on the
National Register and reduce damage
to these sites. Section 106
procedures may also apply to
non-federal (i.e., private)
undertakings that are licensed or
permitted by a federal agency. Want
more information concerning NHPA?
Click here.
Archaeological
Resources Protection Act (ARPA)
ARPA prohibits the excavation,
removal, damage, or alteration of
any archaeological resource located
on federal or Indian lands without
an appropriate permit. It also
prohibits the selling, purchasing,
exchange, or transport of
archaeological materials if they
came from public or Indian lands in
violation of this or any other act.
ARPA also prohibits the selling,
purchasing, transport, or receipt of
archaeological materials excavated
or removed in violation of any
provision, rule, regulation,
ordinance, or permit in effect under
state or local law. Want more
information concerning ARPA?
Click here.
South
Carolina Regulations
Coastal Zone Management Program
The Office of Ocean and Coastal
Resource Management (OCRM)
must ensure that projects which
require state or federal permits and
are within the Coastal Zone of South
Carolina (found in Jasper, Beaufort,
Colleton, Charleston, Dorchester,
Berkeley, Georgetown, and Horry
counties) are consistent with the
mandate of the Coastal Zone
Management Program.
Section 15(6) of the S.C. Coastal
Zone Management Act of 1979 (amended
1990), says that OCRM must consider
"the extent to which development
could affect . . . irreplaceable
historic and archaeological sites of
South Carolina's coastal zone."
Section 8(b)(4) of the same act
requires this comprehensive
management program to identify
specific management areas, called
"areas of critical state concern,"
also known as "Geographic Areas of
Particular Concern" or GAPCs. GAPCs
include archaeological sites that
are on or are eligible for inclusion
on the National Register of Historic
Places. The State Historic
Preservation Office advises OCRM on
eligibility.
Water Resources Commission
Under the 1967 South Carolina Water
Resources Planning and Coordination
Act (as amended), the state's Water
Resources Commission must consider
the effect that development will
have on cultural and environmental
resources.
Reclamation and Mining Projects
The South Carolina Mining Act of
1990 states that the South Carolina
Land Resources Conservation
Commission (today part of the
Department of Natural Resources)
will require all reclamation plans
to specify "proposed methods to
limit significant adverse effects on
significant cultural or historic
sites."
Hazardous Waste Management
The South Carolina Department of
Health and Environmental Control has
published regulations governing the
location of hazardous waste
management facilities. These
regulations stipulate that these
facilities will be prohibited in
areas where they will "adversely
impact an archaeological site as
determined by the State Historic
Preservation Officer and the State
Archaeologist."
Cemeteries and Graveyards
Several South Carolina laws protect
cemeteries, graveyards, and burial
grounds. Most important is
Section 16-17-600 et. seq. which
makes it a felony to destroy,
damage, remove, or desecrate human
remains, as well as to vandalize,
destroy, deface, or otherwise damage
graveyards, tombs, mausoleums,
gravestones, memorial monuments,
markers, park areas, fencing,
plants, trees, or shrubs. The law
provides broad protection to white,
black, and Native American graves.
It is enforced by the local sheriff,
the coroner, and the Deputy State
Archaeologist. There are additional
laws covering the removal of
abandoned cemeteries and supervision
of removal work.
Underwater
Archaeological Sites
The South Carolina Underwater
Antiquities Act of 1991 makes the
South Carolina Institute of
Archaeology and Anthropology (SCIAA)
responsible for the management and
protection of the state's underwater
archaeological resources. This law
requires permits for the removal of
any archaeological objects or
fossils from underwater sites.
Local Ordinances
Some communities -- such as
Hilton Head Island (Ordinance No.
90-16) and Beaufort County
(Ordinance No. 95-46), have
additional laws stipulating that
archaeological studies must be
conducted prior to development
activities.
The key to dealing with these --
and all other historic
preservation laws and regulations
--
is adequate advance planning.
Chicora Foundation can help you
navigate the system, call or
email us for additional
information. |
For additional information
regarding historic preservation laws
and regulations in South Carolina
you can contact the
South Carolina Department of
Archives and History. If you
would like information regarding
these issues at a national level two
good places to begin is at the
Advisory Council on Historic
Preservation and the
National Register of Historic Places.
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