Fall 1993, No. 1

Connecticut Towns Protect Archaeological Resources

Twelve Connecticut communities share a common purpose with the state's Native Americans, professional archaeologists and historic preservationists. Following the pioneering lead of Greenwich and Westport, the towns of Goshen, Bloomfield, Rocky Hill, Bethany, Marlborough, Pomfret, Ledyard, Sterling, East Haddam and Colchester have adopted revisions to local subdivision regulations and/or new local review procedures in order to specifically identify and protect significant archaeological and historic sites as part of planned community growth. Though exact language and approaches vary, all twelve towns emphasize the avoidance and preservation of important cultural resources and burial areas as a local preference.

In June 1991, the Ledyard Planning Commission became the most recent local government to amend its subdivision regulations to explicitly protect historic sites, archaeological resources, and human burials. Ledyard's regulations are particularly noteworthy for their clarity and direction to would be developers and their advocacy of in situ preservation whenever possible. The Ledyard Department of Planning consulted with the Mashantucket Pequot Tribe, Office of State Archaeology, the State Historic Preservation Office, and local residents and developers in order to draft a carefully balanced, workable local review process. The town's revised subdivision regulations should strengthen and improve the partnership between Ledyard's Department of Planning and the Mashantucket Pequot Tribal Council to identify and preserve previously unmarked Native American burials and cemeteries.

A key provision of Ledyard's revised regulations provides for requesting the technical expertise of the Office of State Archaeology and/or State Historic Preservation Office in the identification and evaluation of historic and archaeological properties. The "Archaeological Resource Protection Handbook" previously distributed by the State Historic Preservation Office to all 169 Connecticut towns, provides further guidance and advice on the range of preservation alternatives available to local governments to preserve archaeological sites.

The Office of State Archaeology, State Historic Preservation Office and the Ledyard Department of Planninge (William R. Haase) should be further consulted for assistance in designing local mechanisms for protecting historic and archaeological properties. All Connecticut towns possess the legal authority and responsibility to take affirmative action to conserve their irreplaceable cultural heritage.

Town of Ledyard - Excerpts of Subdivision Regulations

Section 2.0: General Definitions

Cultural Resources: Consists of historic and prehistoric archaeological sites and standing structures; cemeteries, human burials, human skeletal remains, and associated funerary objects; and distributions of cultural remains and artifacts.

Section 4.7: Cultural Resource Preservation

Subdivisions and resubdivisions shall be laid out to preserve significant cultural resources and unique natural features. Suitable public access to any cemetery may be required by the commission.

Section 4.7.1: Cemeteries and Human Burials

All cemeteries within a proposed subdivision shall be deeded either to the town of Ledyard, and existing cemetery association, a homeowners association, or other responsible party, as deemed appropriate by the Commission, along with a twenty foot protective buffer, as measured from stone walls surrounding a cemetery, or from any identified human burial in the absence of walls or other demarcated boundary.

4.7.2: Archaeological Assessment

An on-site archaeological assessment shall be required, if in the opinion of the Commission there is a likelihood that significant cultural resources or undetected human burials will be adversely impacted by construction activities associated with the proposed development. The assessment shall be conducted in accordance with standards outlined in the "Environmental Review Primer for Connecticut's Archaeological Resources." Permanent reference copies are on file at the State Historic Preservation Office and the Ledyard Planning Office.

4.7.3: Determination of Need

The Commission's determination of need for an archaeological assessment shall be based on:

a) proximity to identified cemeteries, human burials, archaeological sites, historic sites; and/or

b) natural terrain features such as proximity to wetlands or watercourses, soils, slope, aspect or rock shelters, where these factors reflect scientifically documented settlement patterns preferred by Native Americans or European Colonists.

In making this determination, the Commission shall seek advice and comment from the Office of State Archaeology and/or the State Historic Preservation Officer. A letter seeking such advice shall be mailed within two working days after the Commission's subdivision preliminary review, as defined in Section 3.1.2 of those regulations.

4.7.4: Management Plans

Cultural resource management plans submitted to the Commission by the applicant shall consist of:

a) a written investigative report prepared by a professional archaeologist, containing appropriate historic documentation, a description of research design methods and techniques, and a description of sites, features and artifacts discovered as a result of the archaeological investigation. A list of accredited professional archaeologists is maintained by the State Historic Preservation Officer;

b) an evaluation of impact of the proposed subdivision on identified cemeteries, human burials, archaeological sites and historic sites;

c) a description of measures to be undertaken by the applicant to mitigate adverse impacts of construction activities on on identified cultural resources. This may include an estimate of mitigation costs and time required for more extensive investigations. Measures may include open space dedication; conservation easements; redesign or relocation of roads, drainage features or buildings so as to minimize adverse impacts; or excavation and removal of cultural remains supervised by a professional archaeologist;

d) copies of all investigative reports and management plans shall be submitted to the Office of State Archaeology and State Historic Preservation Officer for review and comment prior to any Planning Commission public hearing. Comments received from state officials shall be incorporated into the public hearing record.

For more information related to preserving Connecticut's archaeological heritage contact:

archnet@spirit.lib.uconn.edu