I don't know about where you're at, but where I'm at, they require an "environmental impact report" (E.I.R.). A sub-section of the E.I.R. is a section where the contractor has to list a paid-for-study of the cultural heritge (or whatever it's called) impact report. That would be if there is any known historically sensitive sites there. But where I'm at, if there WERE any historically sensitive sites present, and the contractor feared this, he would merely hire what's called a "customer friendly" archaeologist, who will..... with a nod and a wink, "not find" anything there. Gee, what do you know, nothing here of any value! Let the bull-dozers progress!
I've seen this first hand! A site SO sensitive (a CA mission asistencia site) that an archie was required by the bureaucrats to be on-site during the whole process, so that if something that might cause the project to stop, were found, they would be there to say so. The archie they hired was one of these "customer friendly archies", who just stood their, drank coffee, and occasionally fullfilled their role by picking up and looking at a rock now and then. They "never found anything" and let the project proceed. Meanwhile, we'd go there each night after shift, and found reales, buttons, etc,.... Now the top soil has been hauled away, and rest is under asphalt, fill-dirt, etc... Good thing I have a few momentos for the future generation. My great great great grandkids will read the captions on the packaging of the relics I found, and they will perhaps find their way in to future museums. Hey, maybe it will be a moment captured for the future generations about "customer friendly archies" vs "metal detector hobbyists who simply waited till after 5pm"? Good thing we existed, eh? I still recall the look of the contractor who turned a blind eye when he saw us out there. He just said "if you find anything, just keep it mum, because the LAST thing we want, is the site shut down".