Tuolumne County Municipal Code Ch. 14.04 Definitions

14.04.010 Archaeological Excavations.
14.04.020 Archive.
14.04.030 Area of Disturbance.
14.04.040 Association.
14.04.050 Bona fide effort.
14.04.060 Building.
14.04.070 California Historical Resources Information System (CHRIS).
14.04.080 California Register of Historical Resources.
14.04.085 Capping. 14.04.090 Central California Information Center of the California Historical Resources Information System. 14.04.095 Cultural Landscape.
14.04.100 Cultural Resource.
14.04.110 Cultural Resources Inventory.
14.04.120 Cultural Resources Management Plan.
14.04.130 Cultural Resources Study.
14.04.135 Cultural Resources Survey.
14.04.140 Demolition.
14.04.150 District.
14.04.160 Eligible.
14.04.170 Evaluated.
14.04.180 Evaluative survey.
14.04.190 Excavations, archaeological.
14.04.200 Excavation, presence/absence.
14.04.210 Excavation, test.
14.04.220 Excavation, data recovery.
14.04.230 Feasible.
14.04.240 Feeling.
14.04.250 Historical Resource.
14.04.260 Historic Property.
14.04.265 Indexing.
14.04.270 Information Center.
14.04.280 Intensive survey.
14.04.290 Inventory. 14.04.300 Maintenance and repair.
14.04.310 Mills Act.
14.04.320 National Register of Historic Places, The.
14.04.330 National Register of Historic Places Eligibility.
14.04.340 Object.
14.04.350 Photodocument, Photodocumentation. 14.04.360 Qualified Professional.
14.04.370 Reconnaissance survey.
14.04.380 Resource.
14.04.390 Secretary of the Interior Standards.
14.04.400 Site.
14.04.410 State Historical Building Code (SHBC).
14.04.420 Structure.
14.04.430 Study.
14.04.440 Survey.

14.04.445 Traditional Cultural Property.
14.04.450 Tuolumne County Register of Cultural Resources. 14.04.460 Tuolumne County Database of Cultural Resources.

14.04.010 Archaeological Excavations. See excavation, archaeological.

official repository, located within Tuolumne County, for cultural resources artifacts and documents.

disturbance" includes, but is not limited to, for projects located outside of defined communities or on parcels of 2 or more gross acres, areas which shall be disturbed by building pads, septic areas, driveways, utility lines, grading and vegetation removal plus 300 feet. Within defined communities or on parcels of less than 2 gross acres, the area of disturbance equals the boundaries of the project parcel.

one of the seven criteria established by the National Register of Historic Places to evaluate the integrity of a cultural resource.
"Association" of a cultural resource refers to the resource's direct link to an important historic event or person. For example, a Gold Rush era trail whose natural and constructed elements have remained intact and in continuous use since 1850 will retain its quality of association as a transportation route between the communities it connects.

means the process undertaken by a project proponent to find alternatives to demolition of a cultural resource including but not limited to:

A. Marketing the property for sale or lease; or

B. Pursuing alternative funding sources for
preservation such as local tax incentives and
state and/or federal tax credits, loans,
redevelopment agency loans, CDBG grants or
similar financial incentives; and

C. Obtaining written statements from
licensed building contractors or architects
detailing the actual costs to rehabilitate the
property.

D. Relocating the resource.

structure having a roof supported by columns or walls, used or intended to be used for the shelter of or enclosure of persons, animals or property as described in 36 CFR 60.4 (Code of Federal Regulations) and the National Register of Historic Places. "Building" includes, but is not limited to, houses, barns, stables, sheds, garages, courthouses, social halls, commercial buildings, libraries, mills, factories, stationary mobile homes, train depots, hotels, theaters, schools, stores, and churches.

Information System (CHRIS). "California Historical Resources Information System (CHRIS)" means that collection of cultural resource records, historic inventory forms, and all information on historical resources which has been acquired and managed by the State Office of Historic Preservation since 1975. CHRIS includes the Historic Resources Inventory, the California Archaeological Site Inventory, properties listed on the National Register of Historic Places, California Registered Historical Landmarks, California Points of Historical Interest and the California Register of Historical Resources.

Resources. "California Register of Historical Resources" means the comprehensive listing of California's historical resources including, but not limited to, any object, building, structure, site, area, or place which is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California.
The California Register of Historical Resources includes resources of local, state and national significance which satisfy the listing criteria established by the State Historical Resources Commission. Public Resources Code Sections 5020.1, 5020.5, 5020.7, 5024.1, 5024.5, 5024.6, 21084 and 21084.1.

covering of an archaeological site with soil or

other material with the intent to preserve the site from looting, construction, or other impacts.

of the California Historical Resources Information System. "Central California Information Center of the California Historical Resources Information System" means the regional center containing Tuolumne County's cultural resources information located in the Department of Anthropology at the California State University, Stanislaus, in Turlock.

landscape” means a geographic area that is associated with a historic event, or person, or that exhibits other cultural or aesthetic values.
Four general types of cultural landscapes are recognized by the Secretary of the Interior: 1) designed landscapes and gardens; 2) historic sites, such as a battlefield or mining viewshed; 3) ethnographic landscapes, such as a Portuguese bull ring and features; and 4) historic vernacular landscapes that have evolved because of certain activities, such as a farmstead or cattle ranch. To be eligible for a register, a cultural landscape must meet the criteria of the National Register of Historic Places or California Register of Historical Resources or Tuolumne County Register of Cultural Resources.

resource" means any building, structure, object, site, district, or other item of cultural, social, religious, economic, political, scientific, agricultural, educational, military, engineering or architectural significance to the citizens of Tuolumne County, the State of California, or the nation which is 50 years of age or older or has been listed on the National Register of Historic Places, the California Register of Historical Resources, or the Tuolumne County Register of Cultural Resources. The term "cultural resource" includes historical resources and historic properties.

"Cultural resources inventory" means an inventory of cultural resources prepared by a qualified professional(s) based on the evaluation of cultural resources using the criteria established by the National Register of Historic Places or California Register of Historical Resources.

Plan. "Cultural resources management plan" means the document prepared by a qualified professional which:

A. Establishes methods for avoiding impacts
to cultural resources identified on a project parcel
by a reconnaissance survey.

B. Establishes the mitigation measures
required to compensate for the disturbance to
cultural resources which have been determined
to be significant pursuant to an intensive survey
and which cannot feasibly be avoided.

resources study" means one, both, or a combination of the following:

A. The performance of a reconnaissance
survey with recordation of identified cultural
resources and may also include the preparation
of a cultural resource management plan to detail resource avoidance measures.

B. The performance of an evaluative survey
and often including the preparation of a resource management plan which establishes mitigation
measures required to compensate for the
disturbance or destruction of cultural resources
which have been determined to be significant.

resources survey” means the gathering of information concerning cultural resources in a two phase process; the first phase is the reconnaissance survey to identify the presence of cultural resources on a site and the second phase is the evaluative survey to provide additional evaluation or research on the cultural resources of a site. The goal of the cultural resource survey is to produce a report documenting information available about the cultural resource, such as the age of the resource, the location of the resource, its context or association with important events, people or periods of time. It includes a map of the location of the resource and a recording form completed in a manner approved by the State Office of Historic Preservation, in accordance with criteria established in the National Register and is completed by a qualified professional.

intentional act or process which results in the destruction of 50% or more of an individual building, structure, object, or site. Demolition

excludes maintenance and repair, activities that involve interior features only, and activities that do not require a building permit.

of resources (including historic properties, historical resources, and cultural resources) linked either by geography or by association, which function as described in 36 CFR 60.4 (Code of Federal Regulations) and the National Register of Historic Places. The district may have been planned or designed as a unit (e.g., a neighborhood or college campus) or through association has been historically united (e.g., central business districts or transportation networks). Other examples of districts are residential neighborhoods, commercial areas, industrial complexes, civic centers, defined communities, water distribution systems, groups of habitations and associated activity areas, large ranches or estates, and large parks.

resource which meets the criteria for listing on the National Register of Historic Places pursuant to an evaluation by a qualified professional; or a resource for which an application for listing on the Tuolumne County Register of Cultural Resources has been recommended for approval to the board of supervisors by the historic preservation review commission; or a resource for which the State Historical Resources Commission has accepted a nomination and has been designated as eligible for listing in the California Register of Historical Resources or the National Register of Historic Places.

assessment of a resource by a qualified professional according to the criteria established in the National Register of Historic Places or California Register of Historical Resources.

survey" means a survey undertaken to evaluate the significance of cultural resources which have been identified on a project parcel. An evaluative survey may require fieldwork in addition to that performed for the reconnaissance survey and may include test excavations, but also may be limited to archival research as necessary to determine significance of a cultural resource. A cultural resources management plan is often
prepared in conjunction with an evaluative survey to document the significance of the cultural resource and to establish mitigation measures as necessary to compensate for impacts to cultural resources which are determined to be significant and which cannot feasibly be avoided. An evaluative survey is often undertaken in response to the discovery of cultural resources as a result of a reconnaissance survey. An evaluative survey is also called an intensive survey, per the National Register of Historic Places.

excavation, presence/absence; excavation, test; and excavation, data recovery.

"Excavation, presence/absence" means an excavation undertaken to determine the absence of a cultural resource or the presence (and sometimes boundaries) of a cultural resource often using relatively non-intrusive methods including shovel tests, probes or limited subsurface testing near the perimeter of the resource.

means an excavation undertaken to evaluate the significance of a cultural resource.

"Excavation, data recovery" means an excavation undertaken to recover data, often as mitigation to compensate for the disturbance or complete destruction of a resource which cannot be feasibly avoided.

of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, legal and technological factors.

criterion established by the National Register of Historic Places to evaluate the integrity of a cultural resource. Feeling is the cultural resource's expression of the historic or aesthetic sense of a particular period of time, and may be particularly relevant to historic landscapes, districts, and other groupings of resources which convey a sense of time.

resource" means any object, building, structure, site, area, place, record, or manuscript which is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California. The resource may be prehistoric or historic in age.

property" is defined in the National Historic Preservation Act as: “any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion on the National Register”; such term includes artifacts, records, and remains which are related to such district, site, building, structure, or object.

process of archaeological field investigation designed to determine the nature of archaeological deposits for future reference. Indexing seeks to identify the content, depth, and age of the deposits in addition to types and condition of extant archaeological constituents. Indexing should be conducted prior to employing "capping" as a mitigation measure, since indexing attempts to identify what exactly would be covered, and provide information about the potential effects of capping. Indexing may also reveal constituents, such as organic artifacts or remains, that might be damaged by capping, and may identify data values not previously known.

center" means the same as "Central California Information Center of the California Historical Resources Information System."

"Maintenance and repair" means:

A. Any work for which a building permit is not required by law; or,

B. Work for which a building permit is
required by law where the purpose and effect of
such work is to correct any deterioration of or
damage to an improvement or natural feature or
any part thereof to restore the same to its
condition prior to the occurrence of such
deterioration or damage including replacement of
doors, windows, porches or similar architectural
features.

historic property preservation incentive program established pursuant to Government Code Section 50280.1 et seq. and implemented in Tuolumne County pursuant to Resolution 171-92 to provide local property tax reductions for maintenance, rehabilitations and/or remodels of qualifying structures, buildings, objects, sites, or districts consistent with the Secretary of the Interior's standards and guidelines.

The. "The National Register of Historic Places" means the official inventory of districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, and culture which is maintained by the Secretary of the Interior [16 U.S.C. 470 (1966)] under the authority of the Historic Sites Act of 1935 [16 U.S.C. 461-467 (1935) (amended)] and the National Historic Preservation Act of 1966 [16 U.S.C. 470 (1966) (amended)].

Eligibility. "National Register of Historic Places eligibility" means the ranking designated to a cultural resource reflecting its status with respect to the National Register of Historic Places. To be eligible for listing on the National Register of Historic Places, resources must be associated with events that have made significant contributions to the broad patterns of history; be associated with the lives of persons significant in our past; embody the distinctive characteristics of type, period, or method of construction, or represent the work of a master, or possess a high artistic value, or represent a significant and distinguishable entity whose components may lack individual distinction; or have yielded or may be likely to yield, information important in prehistory or history in accordance with the California Historical Resource Status Codes and 36 CFR 60.4 (Code of Federal Regulations).

construction which is either small in scale, simply constructed, and although potentially moveable,

is associated with a specific setting or environment as described in 36 CFR 60.4 (Code of Federal Regulations) and the National Register of Historic Places. Examples of objects include public sculptures, monuments, boundary markers, steam donkeys on their skids, and statuary and fountains in town squares.

Photodocumentation. To "photodocument" or perform "photodocumentation" means the process of capturing through photographic means the important information of an archaeological or historic site in order to produce a photographic record of the resource. Minimum documentation shall include all views, angles or elevations of a structural resource and any significant features, structural alterations, objects, or artifacts associated with the resource.

professionals" means those persons meeting the following standards necessary to conduct cultural resource studies:

A. For projects requiring archaeological expertise, qualified professionals are:

1. Archaeologists included on the
   California Historical Resources Information
   System Central California Information Center list
   or with ROPA (Register of Professional
   Archaeologists) certification; or

2. Persons with a graduate degree in
   anthropology or archaeology or closely related
   field with at least one year of full-time
   professional experience or equivalent specialized
   training in archeological research, administration
   or management and all of the following:

a. At least four months of
supervised field and analytic experience in
general North American Archaeology; and

b. Demonstrated ability to carry
research to completion; and

c. At least one year of full-time
experience at a supervisory level in the study of
archeological resources of either the prehistoric
period or historic period. An archaeologist shall
be certified to conduct either prehistoric or
historic archaeological investigations only unless
demonstrated experience is in both fields.

B. For projects requiring historical expertise, qualified professionals shall have:

1. A graduate degree in history or closely related field, or

2. A bachelors degree in history or
   closely related field plus two years full-time
   experience in history; or

3. A bachelors degree in history or
   closely related field plus substantial contribution
   through research and publication to the body of
   scholarly knowledge in history.

C. For projects requiring architectural expertise, a qualified professional shall have:

1. A graduate degree in architectural
   history including course work in American
   architectural history, or

2. A bachelors degree in architectural
   history and 2 years full-time experience in
   American architectural history or American
   restoration architecture with a professional
   institution, or

3. A bachelors degree in architectural
   history and substantial contribution through
   research and publication to the body of scholarly
   knowledge in American architectural history, or

4. A graduate or bachelors degree in art
   history, historic preservation or closely related
   field and course work in American architectural
   history or,

5. A graduate or bachelors degree in art
   history, historic preservation or closely related
   field and 2 years full-time experience in American
   architectural history or American restoration
   architecture with a professional institution, or

6. A graduate or bachelors degree in art
   history, historic preservation or closely related
   field and substantial contribution through
   research and publication to the body of scholarly
   knowledge in American architectural history, or

7. A professional degree in architecture
   and at least one year of graduate study in
   architectural preservation, American architectural
   history, preservation planning or closely related
   field, or

8. A professional degree in architecture
   and at least one year full time professional
   experience on historic preservation projects
   including the following: detailed investigations
   of historic structures, preparation of historic
   structures research reports, preparation of plans
   and specifications for preservation projects, or

9. A state license to practice
   architecture and at least one year graduate study
   in architectural preservation, American
   architectural history, preservation planning or
   closely related field, or

10. A state license to practice
    architecture and at least one year full-time

professional experience on historic preservation
projects, including the following: detailed
investigations of historic structures, preparation
of historic structures research reports,
preparation of plans and specifications for
preservation projects.

"Reconnaissance survey" means a complete inspection of the project parcel to identify cultural resources located on the parcel.
Reconnaissance surveys require, at a minimum, thorough field inspections of the potential area of disturbance. Identified resources are recorded in conjunction with the survey. A cultural resources management plan may be prepared in conjunction with a reconnaissance survey to identify avoidance measures for identified cultural resources. If identified cultural resources cannot be avoided, then a subsequent survey, the evaluative survey, is often required.

“Secretary of the Interior Standards” means those standards identified in the Secretary of the Interior Standards and Guidelines for Historic Preservation Projects (36 C.F.R. 67), the Secretary of the Interior’s Standards for Rehabilitation, and the Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation, with accompanying interpretive guidelines.

prehistoric or historic activity, which may include buildings and structures, but is important because the location itself possesses historic, cultural, or archaeological values regardless of the values of existing above-ground features as described in 36 CFR 60.4 (Code of Federal Regulations) and the National Register of Historic Places. Examples of sites include habitation and village sites; rock shelters; hunting and fishing sites; petroglyphs and rock carvings; grounds and gardens; places where hostilities occurred; campsites; cemeteries and funerary sites; ruins of historic buildings and structures; natural features such as springs, rock formations, and other land areas having cultural significance;
designed landscapes; trails, ruins of canals, ditches, flumes, pipelines, roads, utility lines, fences, rock walls and railroad grades.

(SHBC). "State Historical Building Code" means
those regulations contained in Part 8 of Title 24 of the State Building Standards Code which applies to all qualified buildings, structures, objects, districts, and sites designated under federal, state, or local authority as eligible for listing on local, state or national registers of cultural resources. It provides alternatives to the California Building Code in cases consistent with building regulations for the rehabilitation, preservation, restoration, or relocation of qualified cultural resources designated as historic.

which is built or constructed, an edifice of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner and created primarily for purposes other than sheltering human activity as described in 36 CFR 60.4 (Code of Federal Regulations) and the National Register of Historic Places. "Structure" includes bridges, tunnels, dredges, fire lookouts, turbines, dams, power plants, windmills, kilns, mounds, earthworks, cairns, railroad locomotives and cars, telescopes, bandstands, gazebos, aircraft, canals, ditches, flumes, pipelines, roads, utility lines, fences, rock walls, railroad grades, and historic footpaths.

“Traditional cultural property” means a historic property that is associated with cultural practices or beliefs in a living community that is rooted in the community’s history and is important to the maintenance of its historical identity. Such a historic property might be a place where Native American basket weavers have gathered plant materials for generations, or it might be a community whose buildings and structures reflect the cultural traditions of its ancestors.

Cultural Resources. “Tuolumne County Register of Cultural Resources” means Tuolumne County’s local register of significant cultural resources established pursuant to Resolution 171-92 on July 7, 1992.

Cultural Resources. "Tuolumne County Database of Cultural Resources" means the organized collection of cultural resources information for Tuolumne County maintained by the Tuolumne County community development department. (Ord. 3035 § 1, 2009; Ord. 2280 § 17 (part),
1999).