ARCHAEOLOGICAL SITES AND CEMETERIES

San Antonio Unified Development Code art. VI, div. 3

in effect

San Antonio Unified Development Code § 35-630 Designated Archaeological Sites.

Sec. 35-630. - Designated Archaeological Sites. (a) Designated archaeological sites shall be treated as any other exceptional or significant resource and shall be reviewed by the historic preservation office, in consultation with the city archaeologist and the historic and design review commission following the procedures set forth in sections 35-608 to 35-613 of this article. (b) Owners of property containing designated archaeological sites are encouraged to educate the citizens of San Antonio regarding archaeological components of the site and shall coordinate any efforts with the office of historic preservation. (Ord. No. 2010-06-24-0616, § 2, 6-24-10)

San Antonio Unified Development Code § 35-631 Inventoried Archaeological Sites.

Sec. 35-631. - Inventoried Archaeological Sites. Identified archeological sites will be reviewed by the historic preservation officer according to the procedures established in this section. Prior to the start or continuance of any activities that would disturb any previously identified archeological site within the city, including either a designated or inventoried site: (a) A study of the effect of the proposed activity on the site must be performed by a qualified professional archeologist engaged by the party proposing the activity. (b) Upon completion of the study, a written report of the results of the study must be provided to the historic preservation officer, who will have thirty (30) days from date of receipt of the report to issue written comments regarding the effect of the proposed activity on the site. (c) If, in the judgment of the historic preservation officer, the proposed activity will have no effect on the site, the historic preservation officer will issue a written order indicating same and the proposed activity may thenceforth proceed immediately. (d) If, in the judgment of the historic preservation officer, as expressed in written comments on the report, the proposed activity will have an effect or an adverse effect on the site, a treatment plan for the site must be developed by a qualified professional archeologist engaged by the party proposing the activity. If requested by that party, the historic preservation officer may, at the historic preservation officer's option, collaborate with the archeologist to produce the plan. (e) Upon completion the plan must be submitted in writing to the historic preservation officer and/or the HDRC, and the proposed activity may proceed as soon as a written order of approval of the plan is issued by the historic preservation officer or as soon as the HDRC approves the plan and a certificate of appropriateness indicating approval is issued by the historic preservation officer. (f) Upon completion of a survey, owners of property containing inventoried archaeological sites are encouraged to educate the citizens of San Antonio regarding archaeological components of the site and shall coordinate any efforts with the office of historic preservation. (Ord. No. 98697 § 6) (Ord. No. 2010-06-24-0616, § 2, 6-24-10)

San Antonio Unified Development Code § 35-632 Unidentified Archaeological Sites.

Sec. 35-632. - Unidentified Archaeological Sites. (a) When a previously unidentified archaeological site is discovered in the course of construction, the property owner immediately shall notify the city's historic preservation officer for assistance on consulting with a qualified archaeologist. The historic preservation officer, with concurrence from the archaeologist, as soon as possible shall evaluate on-site the significance of the archaeological finding. When the historic preservation officer and the archaeologist concur that no adverse effect on the archaeological site will take place, the project may proceed immediately. Where an adverse effect on the archaeological site will take place, the project shall be referred to the historic and design review commission at the historic and design review commission's next regular meeting or a called meeting for review following the same procedure set forth for identified archaeological sites. (b) Unidentified archeological sites will, upon discovery, be treated as inventoried archeological site and will be reviewed by the historic preservation officer according to the following procedures: (1) Regarding the discovery of any previously unidentified archaeological site within the city, including sites discovered within the area of any proposed or approved development project for which any items have been submitted to any city department for review, including preliminary review, or for which any permit applications have been submitted, or for which any permit has been issued: A. Upon the occurrence of such a discovery, all activities in the vicinity of the site, whether proposed or in progress, will be immediately suspended and will not proceed or resume for thirty (30) days until a written order is issued by the historic preservation officer indicating that activities in that vicinity may proceed or resume; B. The party making the discovery, the property owner, and/or the sponsor of any proposed or suspended activities in the vicinity of the site will immediately notify the historic preservation officer of the discovery. (2) Within five (5) working days after being notified of the discovery, the historic preservation officer will examine the site, and will either: A. Issue a written order indicating that no archeological work at the site is necessary, in which case any proposed or suspended activities in the vicinity of the site may thenceforth immediately proceed or resume; or B. Notify the sponsor of any proposed or suspended activities in the vicinity of the site and/or the property owner that, before any proposed or suspended activities in the vicinity of the site can proceed or resume or the site is otherwise disturbed, the procedure outlined in subsection 35-631(a)(1)—(5) must be followed, in which case the site will not be disturbed until the procedure is completed. (c) When a previously unidentified archaeological site is discovered in the course of construction in the city's extraterritorial jurisdiction, the property owner immediately shall notify and shall be required to provide an inventory of resources to the city's historic preservation officer. (Ord. No. 98697 § 6) (Ord. No. 2006-06-15-0718, § 2, 6-15-06)

San Antonio Unified Development Code § 35-633 Miscellaneous Provisions.

Sec. 35-633. - Miscellaneous Provisions. (a) In evaluating archeological studies and treatment plans for archeological sites, the historic preservation officer and the HDRC: (1) Will apply the criteria for effect to, and significance of, archeological sites in the Antiquities Code of Texas and in the regulations of the National Advisory Council on Historic Preservation, treatment of archeological properties under authority of the executive director of the Advisory Council, National Historic Preservation Act, and Executive Order 11593, and (2) Will also apply the review criteria set forth in section 35-608 of this chapter. (b) During the historic preservation officer and HDRC review of archaeological sites, as otherwise described herein: (1) Development or other activities may proceed wherever sites have not been identified or discovered; and, (2) Any party proposing or engaged in any activity that would have an effect on or otherwise disturb an archeological site may at any time forego or suspend the activity and thereby suspend the historic preservation officer and/or HDRC review process for that activity at that time. In that event, the archeological sites concerned will not be disturbed unless and until the historic preservation officer and/or the HDRC review process, as described herein, is completed. (Ord. No. 101816, § 2, 12-15-05)

San Antonio Unified Development Code § 35-634 Cemeteries.

Sec. 35-634. - Cemeteries. (a) All applicants for permits, excluding burial permits, affecting cemeteries shall be referred to the city historic preservation officer for the purpose of determining whether or not the cemetery is historically, culturally, architecturally, or archaeologically exceptional or significant. If the cemetery is determined by the city historic preservation officer to be exceptional or significant, any proposed change, excluding burials, must be presented to the historic and design review commission for approval of planned work. If a court of competent jurisdiction has granted permission for cancellation or destruction of such cemetery, any plans for new construction must be approved thereafter by the historic and design review commission before construction commences. The historic and design review commission shall be governed in its recommendations by regulations set forth in Texas state law for cemeteries excluding burial permits. (b) Public and private development projects must comply with the Texas Health and Safety Code regarding the archaeological procedures for the impact to, or removal of, interred human remains (V.T.C.A. Health and Safety Code, tit. 13, pt. 2, ch. 22). (Ord. No. 98697 § 6)(Ord. No. 2015-12-17-1077, § 2, 12-17-15)

Source: City of San Antonio, City Code, City Charter and Unified Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/tx/san_antonio/codes/unified_development_code?nodeId=ARTVIHIPRURDE_DIV3ARSICEFetched: 10/27/2026