When speaking at the Texas Association of Counties 2025 Technology Conference, a lot of county representatives asked me about exactly how to archive web content — as in, how do we make sure we’re correctly archiving the content.
Before we get into the how to, just remember that for content to even be archivable, it needs to satisfy four conditions. We’ll cover these four criteria in a moment, but first let’s talk about what needs to be done.
Here’s exactly how I would approach archiving web content:
- Designate a section of your website for archived content. This might be a subfolder like mycountygovernment.org/archive.
- Explicitly title the page and use a similar H1 indicating that the content is archived.
- Provide information / instructions on the page to explain what the content is.
- State how the content qualifies under the ADA Title II Web Rule.
- Also provide at least one methodology to request an alternative, accessible version of any document.
- Organize the content using subheadings (H2s and H3s).
- Establish your own organizational policy on how alternative requests are handled.
The DOJ has provided for flexibility in how you archive, but I recommend making your archived content as clear and as organized as possible. Here’s what the DOJ wrote about this:
However public entities ultimately decide to store archived web content, the Department reiterates that predictability for individuals with disabilities is paramount. To this end, the label or other identification for a dedicated archived area or areas must be clear so that individuals with disabilities are able to detect when there is content they may not be able to access. Whether a particular dedicated area is clearly identified as being archived will, of course, depend on the facts of the particular situation
These steps will help you properly set up your archive section, but it’s equally important to understand which content actually qualifies for archiving under the ADA rules.
Understanding the Archive Exception
Now you can’t just throw all of your documents in the archive folder of your website and call it a day. Some documents still need to be WCAG 2.1 AA conformant.
The rule creates a narrow exception for certain archived materials, but only when all four criteria are met simultaneously. Think of these as a checklist—all four criteria must be met. Here they are:
The Four-Part Test for Archiving
1. Timeline and Origin Requirements The content must have been created before your government’s compliance deadline, or it must reproduce physical materials (paper documents, audiotapes, film negatives, CD-ROMs) created before that date.
2. Purpose Limitation
The content can only be kept for reference, research, or recordkeeping purposes—not for active use or current information needs.
3. Clear Separation The material must be housed in a designated archive section, clearly separated from current content.
4. No Modifications Once archived, the content cannot be changed, updated, or edited in any way.
Real-World Examples That Clarify the Rules
What Qualifies for the Exception
A 1998 water quality report stored in your website’s archive section without any updates would likely qualify for the exception. Similarly, scanned handwritten research notes or historical photographs accompanying that report would also be exempt, provided they meet all four criteria.
What Doesn’t Qualify
Recent content doesn’t get a free pass just because it’s labeled “archived.” City council meeting minutes created after your compliance date must meet WCAG 2.1 AA, even when posted in an archive section (and content that isn’t archived shouldn’t be in your archive section anyway). The timing of creation matters more than the storage location.
Changes also eliminate the exemption. If you edit and repost a 2021 COVID-19 statistics spreadsheet in your archive, it loses its exempt status and must be WCAG 2.1 AA conformant.
Current information stays subject to full requirements regardless of where it’s posted. A PDF containing an up-to-date county park map doesn’t qualify for the archive exception because it provides current information rather than serving purely historical purposes.
The Accommodation Alternative
Even when content qualifies for the archive exception, governments still must provide effective communication under the ADA. This creates an important safety net for accessibility.
If someone with a hearing disability requests access to an archived video, you could provide effective communication by adding captions to the video and sharing the captioned file with the requestor. This approach balances preservation of historical materials with ensuring equal access to information.
The Bottom Line
The archive exception provides helpful and necessarily flexibility for government websites, but it’s narrowly defined for good reason. The ADA’s core principle remains unchanged: people with disabilities have a right to equal access to government information and services. When in doubt, making content accessible protects both your community members and your compliance position.
If you need help with ADA Title II compliance or working through an archiving project, we’d love to help. Just send us a message and we’ll be right back with you.
