Although SB 5609 did not survive the house of origin cutoff, the policy the bill intended to advance lives on in the state operating budget.

The Senate Ways and Means Committee passed its version of the operating budget (SB 5998), including the addition of a proviso directing the Department of Archaeology and Historic Preservation “to develop a model ordinance to protect archaeological and cultural resources when development may impact places of importance to local history and federally recognized Indian tribes.”

Here is the complete language of the budget proviso found in Sec. 152(5):

(5) $175,000 of the general fund—state appropriation for fiscal year 2027 is provided solely for the department to develop a model ordinance that could be used by local governments to protect archaeological and cultural resources when development may impact places of importance to local history and federally recognized Indian tribes. The model ordinance must be developed in consultation with federally recognized Indian tribes and with participation from the Washington state association of counties, the association of cities, the governor's office of Indian affairs, the department of commerce, and the department of ecology. In developing the model ordinance, the department must identify minimum requirements that would demonstrate archaeological and cultural resources protection. In developing minimum requirements, the department may consider best practices from ordinances adopted by local jurisdictions with the express purpose of protecting archaeological and cultural resources. By June 1, 2027, the department must provide a report to the legislature that includes: The model ordinance; minimum requirements for a compliant ordinance; a list of tribes consulted; a list of stakeholders engaged; and a summary of key findings that informed the development of the ordinance.

Cultural resources bill gets a significant rewrite

February 6, 2026

Sen. Claudia Kauffman’s bill on the State Environmental Policy Act (SEPA) and cultural resources, SB 5609, received significant amendments in policy committee. Under the substitute version, by July 1, 2029, fully planning cities will be required to adopt a local ordinance, based on minimum standards established by the Department of Archaeology and Historic Preservation, related to protecting archaeological and cultural resources developed in consultation with affected federally recognized Indian tribes. The bill also states, confusingly, that the adoption of this mandatory ordinance is required for cities to utilize the SEPA exemptions under RCW 43.21C.240, which provides for exemption for all projects that are consistent with a comprehensive plan.

Finally, SB 5609 directs a task force to make recommendations to the Legislature regarding state policies to protect archaeological and cultural resources. A seat is allocated to an AWC representative.

Please provide feedback on these updates to the bill.

Reinstating SEPA cultural review on categorically exempt actions

January 23, 2026

New legislation from Sen. Claudia Kauffman (D–Kent), SB 5609, reinstitutes a State Environmental Policy Act (SEPA) review requirement for cultural resources for projects that are now categorically exempt from SEPA. The bill also applies to locally adopted categorical exemption levels.

All projects currently subject to a categorical exemption would have to perform a SEPA analysis on cultural resource issues unless the city has:

• A data-sharing agreement with the state Department of Archaeology and Historic Preservation (DAHP);
• Either a local ordinance protecting archaeological and historic properties or a cultural resource management plan approved by DAHP; and
• A written consultation agreement approved by affected federally recognized tribes.

DAHP is directed to develop minimum standards that must be included in a local ordinance protecting archaeological and historic properties. The hearing is on the proposed substitute.

Date to remember

SB 5609will be heard in the Senate Environment, Energy, and Technology Committee on Tuesday, January 27, at 1:30 pm.