RAPID/Roadmap/11-CO-b
Colorado State Historic Preservation (11-CO-b)
In Colorado, the State historic preservation process is triggered by any project involving a state action that may affect a nominated or listed State Register property. All properties listed in the National Register of Historic Places are automatically included in the Colorado State Register. State “action” means any state activity, program, project or undertaking or the approval, sanction, assistance, or support of any activity, policy, program, project, or undertaking. Colo. Rev. Stat. § 24-80.1-102; Colo. Rev. Stat. § 24-80.1-104(2)(a); History Colorado - Review and Compliance Webpage.
The Office of Archaeology and Historic Preservation (OAHP) (a division of the Colorado Historical Society) coordinates the State’s historic preservation program and serves as the State Historic Preservation Officer (SHPO). The OAHP Review and Compliance Staff consults with state agencies pursuant the State Register Act to determine how a project will affect nominated or listed properties and to consider alternatives to avoid, minimize and mitigate effects to historic properties. Colo. Code Regs. tit. 8 § 1504-5; History Colorado: Colorado State Register of Historic Properties Webpage; History Colorado: Consultation Guidance.
The SHPO will review and comment on the project’s effect on cultural resources pursuant to Colo. Rev. Stat. § 24-80.1-101, and the 16 U.S.C. § 106.
Hydropower
Because water supply structures in Colorado play a critical role with respect to the state’s water supplies and because the ability to repair, replace, and change water supply structures are essential to the economic future of Colorado, projects that may potentially affect water supply structures are exempt from some of the requirements of the State Register Act, if approved by the Department of Natural Resources or the Department of Public, Health and Environment. Colo. Rev. Stat. § 24-80.1-104(3).
State Historic Preservation Process
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11-CO-b.1 - Contact the Office of Archaeology and Historic Preservation (OAHP)
The state agency or the developer should contact the Office of Archaeology and Historic Preservation (OAHP) during the earliest stages of the project planning process. The OAHP will assist the developer to identify properties of historical significance that may be located within the area of the proposed action and to determine the effects of the project on such historical resources. Colo. Rev. Stat. § 24-80.1-104(2)(a); Colo. Code Regs. tit. 8 § 1504-5.
11-CO-b.2 to 11-CO-b.3 – Identify Properties of Historical Significance
At the earliest stage of planning a project, or when it is anticipated that properties of historical significance may be adversely affected—and in all cases where an agency decision may have an effect on properties already listed in the state register—the developer must identify properties of historical significance located within the proposed project area.
A list of all state properties listed in the National Register of Historic Places and the Colorado State Register of Historic Properties is accessible from the OAHP’s History Colorado: National and State Register Listed Properties Webpage.
11-CO-b.4 to 11-CO-b.7 – Will the Project Affect a Property Fifty or More Years Old?
If the project may adversely affect a property 50 or more years old, the state agency or the developer must seek a determination from the OAHP regarding the historical significance of the property. Colo. Code Regs. tit. 8 § 1504-5.
11-CO-b.8 to 11-CO-b.9 – Is the Potentially Affected Property a Water Supply Structure?
If the potentially affected property is a water supply structure and the project is authorized by the Department of Natural Resources or the Department of Public, Health and Environment (or any subdivisions of those departments) the project is exempt from the protections provided under subsections 24-80.1-104(2)(a) and (b) of the State Register Act. Accordingly, the state agency (or developer) is not required to provide notice of the project to the OAHP or to request a determination of effect. Colo. Rev. Stat. § 24-80.1-104(3).
11-CO-b.10 – Request for Determination of Effect
If the project may affect a property included in the State Register or a property determined to be of historical significance by the OAHP, the state agency or developer must notify the OAHP of the proposed action in writing and must request a determination of effect on such properties. The notification must include sufficient and relevant information necessary in order for the OAHP to make a determination of effect on the affected properties. CRS 24-80.1-104(2)(a); Colo. Code Regs. tit. 8 § 1504-5.
11-CO-b.11 to 11-CO-b.13 – Evaluate Request for Determination of Effect for Completeness
Once received, the OAHP evaluates the developer’s Request for a Determination of Effect for completeness. If the information provided is not sufficient to allow the OAHP to determine whether the project may have an adverse effect on nominated or listed historic properties, the OAHP will request additional information from the developer.
11-CO-b.14 – Determination of Effect
Within 30 days of receiving notification of the project, the OAHP issues a determination of effect on properties of historical significance. The determination of effect includes OAHP comments on the project. Colo. Rev. Stat. § 24-80.1-104(2)(a).
11-CO-b.15 to 11-CO-b.18 – Does the OAHP Recommend that the State Agency Prohibit or Alter the Project?
The determination of effect may also include a recommendation from the OAHP that the state agency prohibit or that the developer alter all or some aspects of the project. If the state agency disagrees with the OAHP’s recommendations, the state agency will be afforded a period of 30 days in which to negotiate a satisfactory agreement with the OAHP. Colo. Rev. Stat. § 24-80.1-104(2)(a)-(b).
11-CO-b.19 – Appeal to Governor
If the state agency and the OAHP are unable to reach an agreement, or if either party is dissatisfied with the agreement, that party may appeal to the governor for a final determination. Colo. Rev. Stat. § 24-80.1-104(2)(c).
11-CO-b.20 – Final Determination
Within 30 days of receiving the appeal, the Governor issues a final determination.
11-CO-b.21 – Continue with Project
If the project will not affect a property of historical significance, or the OAHP or the Governor has issued a final determination of effect, the developer may continue with the project.
Agencies
Contact Information
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Regulations
References
- History Colorado - Review and Compliance Webpage
- Application for a Colorado State Permit for Archaeological or Paleontological Work
- History Colorado: Colorado State Register of Historic Properties Webpage
- History Colorado: Consultation Guidance
- History Colorado: National and State Register Listed Properties Webpage