The Colorado Historical, Prehistorical, and Archaeological Resources Act, or CHPAA, is a Colorado state law enacted in 1973 to protect resources on public lands. CHPAA ensures cultural assets are preserved for scientific, educational, and heritage purposes. The legislation is administered by History Colorado through the Office of the State Archaeologist. It has had several revised statutes listed as CRS 24-80-401 to 411.
The Act prohibits unauthorized excavation, collection, or disturbance of protected resources. It is also unlawful to fail to report discoveries of archaeological or paleontological significance. Non-compliance with permit conditions or monitoring requirements is also prohibited under CHPAA.
Why was the CHPAA enacted?
The CHPAA was established in response to growing concerns about the loss of cultural and archaeological resources due to development and looting. In 2014, the law was significantly amended to strengthen enforcement and align with federal preservation laws, such as the National Historic Preservation Act, or NHPA. CHPAA established a formal state archaeology permit system administered by History Colorado's Office of Archaeology and Historic Preservation (OAHP), ensuring that only qualified professionals conduct work on state lands.
Today, the CHPAA protects:
- Artifacts, structures, and deposits related to human history and prehistory
- Fossils and remains of animals, plants, and other natural history objects
- Sites of cultural, historical, and scientific significance located on state-owned land
Violations can include:
- Civil Fines (up to several thousand dollars per violation)
- Seizure of illegally collected artifacts
- Project shutdowns until compliance is achieved
What Entities Must Comply with CHPAA?
State agencies and local governments — including counties, cities, and school districts fall under CHPAA regulations. Developers, contractors, researchers, and archaeologists conducting work on public land or state property must also adhere to CHPAA guidelines.
If your project is located on state land—such as highways, reservoirs, state parks, or school trust lands—you must comply with this Act in addition to federal laws like the National Historic Preservation Act (NHPA, Section 106).
Private landowners are generally not subject to CHPAA unless their activities intersect with public land or state-funded projects.
What are the Compliance Requirements Under CHPAA?
Under CHPAA, agencies must obtain a permit for any excavation or research, as well as conduct impact assessments before any development begins on public or state lands. Stakeholders must follow all monitoring, reporting, and recordkeeping protocols while ensuring site protection during and after project completion.
The compliance process typically involves an initial consultation with History Colorado or the State Historic Preservation Office (SHPO). Agencies must then submit a permit application detailing the scope and methods of the project, followed by a review and approval process by the Office of the State Archaeologist.
A monitoring plan will be implemented during project execution, as well as a final report and documentation of all findings. If cultural resources or human remains are found during construction, work must stop immediately until proper authorities are notified, including the project archaeologist, and mitigation plans are set in place. Compliance violations may result in fines or penalties, permit revocation, legal action for damages or restoration, or potential project delays or shutdowns.
Additional Cultural Resource Focused Colorado Laws
Unmarked Human Graves and Burial Act (CRS 24-80-1302 to 1305): This law protects all unmarked human burials in Colorado, regardless of whether they are prehistoric, historic, or more recent. If human remains are discovered during construction or other ground-disturbing activities, work must stop immediately, and local law enforcement and the State Archaeologist must be notified. The law sets clear procedures for respectful treatment, and when the remains are Native American, it requires consultation with the appropriate Tribes. This Act ensures that burials are handled with dignity while balancing the needs of ongoing projects.
State Register of Historic Properties (CRS 24-80.1-101 to 108): Colorado maintains its own State Register of Historic Properties, which functions much like the National Register of Historic Places but focuses on resources of statewide or local importance. Properties listed in the State Register gain formal recognition and certain protections, particularly when state funds or permits are involved. The Register also helps guide preservation priorities within Colorado and can influence how projects are planned, mitigated, or funded. For developers and agencies, awareness of State Register listings is an important step in avoiding costly delays or compliance issues.
Can Agencies Work with a Third-Party Consultant to Comply with CHPAA?
Yes, many developers and agencies hire qualified cultural resource consultants to conduct archaeological surveys, prepare permit applications, manage compliance documentation, or liaise with state agencies. Working with a consultant can streamline the CHPAA compliance process and ensure adherence to both state and federal preservation laws.
Learn more about how a third-party consultant can assist your team with regulatory compliance.