San Bernardino County, CA Historic Preservation: Historic-Cultural Monuments (2026)
Key Facts
- Governing chapter
- County Code Chapter 82.12
- Adopted
- Ordinance 4011, 2007
- Trigger registers
- 5 listed, incl. National Register of Historic Places
- Artifact curation site
- San Bernardino County Museum
- Curation standard
- 36 C.F.R. 79 federal repository rules
- Native American monitor
- Required if tribe requests, after discovery
- Administering agency
- Land Use Services Department
Summary
San Bernardino County protects known and likely archaeological and historic sites through the Cultural Resources Preservation (CP) Overlay, County Code Chapter 82.12. Land is mapped into the overlay when it appears on any of five historic registers, and any project proposed there needs a professional cultural resources report before it can move forward.
The CP Overlay may be applied to areas where archaeological and historic sites that warrant preservation are known or are likely to be present. Specific identification of known cultural resources is indicated by listing in one or more of the following inventories: (a) California Archaeological Inventory; (b) California Historic Resources Inventory; (c) California Historical Landmarks; (d) California Points of Historic Interest; and/or (e) National Register of Historic Places.
The application for a project proposed within the CP Overlay shall include a report prepared by a qualified professional that determines through appropriate investigation the presence or absence of archaeological and/or historical resources on the project site and within the project area, and recommends appropriate data recovery or protection measures.
Full Breakdown
The CP Overlay, adopted by Ordinance 4011 in 2007 as part of the Development Code, exists because archaeological and historical resources are unique and non-renewable and because preserving them provides a greater knowledge of County history and conserves historic and scientific amenities for future generations (§ 82.12.010). The Land Use Services Department applies the overlay wherever a site is already listed, or is likely to be listed, on the California Archaeological Inventory, the California Historic Resources Inventory, California Historical Landmarks, California Points of Historic Interest, or the National Register of Historic Places (§ 82.12.020).
Any project proposed within the overlay must include a report from a qualified professional determining whether archaeological or historical resources are present and recommending data recovery or protection measures: site recordation, mapping and surface collection of artifacts, excavation of sub-surface deposits, preservation in an open space easement or dedication to an institution, or curation of recovered artifacts and data (§ 82.12.030). Collected material is curated at the San Bernardino County Museum, following the federal repository standards in 36 C.F.R. 79 and the State Historical Resources Commission's motion of February 2, 1992. Development Standards under § 82.12.040 require the project to incorporate every measure the report recommends, and resources professionals judge extremely important should be preserved as open space or dedicated to a public institution rather than disturbed.
If Native American cultural resources turn up during grading or excavation, or the site sits within a high-sensitivity CP district, § 82.12.050 requires the County to notify the local tribe; if the tribe asks, a Native American Monitor must be present during grading or excavation to ensure artifacts are properly protected or recovered.
Violations & Fines
The CP Overlay enforces compliance through the permit itself rather than a standalone fine: the report's recommended measures become binding conditions of approval under § 82.12.040, so building without incorporating them violates the development permit and is subject to the County's standard Development Code enforcement, including a possible stop-work order. Grading that uncovers resources without the tribal notification and monitor required by § 82.12.050 likewise breaches the permit's conditions.
Frequently Asked Questions
What triggers San Bernardino County's Cultural Resources Preservation Overlay?
What must a developer submit before building in the CP Overlay?
Where do recovered artifacts go?
What happens if Native American resources are found during grading?
Sources & Official References
Other rules in San Bernardino County
California rules heatmap·Compare San Bernardino County to another location·View the California historic preservation overview
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