10.1-1003 - Permits for excavation and scientific investigation; how obtained; penalties.
§ 10.1-1003. Permits for excavation and scientific investigation; howobtained; penalties.
A. In addition to the written permission of the owner required by § 10.1-1004a permit shall be obtained from the Department of Conservation and Recreationprior to excavating or removing any archaeological, paleontological,prehistoric, or historic feature of any cave. The Department shall issue apermit to excavate or remove such a feature if it finds with the concurrenceof the Director of the Department of Historic Resources that it is in thebest interest of the Commonwealth and that the applicant meets the criteriaof this section. The permit shall be issued for a period of two years and maybe renewed upon expiration. Such permit shall not be transferable; however,the provisions of this section shall not preclude any person from workingunder the direct supervision of the permittee.
B. All field investigations, explorations, or recovery operations undertakenunder this section shall be carried out under the general supervision of theDepartment and in a manner to ensure that the maximum amount of historic,scientific, archaeologic, and educational information may be recovered andpreserved in addition to the physical recovery of objects.
C. A person applying for a permit pursuant to this section shall:
1. Be a historic, scientific, or educational institution, or a professionalor amateur historian, biologist, archaeologist or paleontologist, who isqualified and recognized in these areas of field investigations.
2. Provide a detailed statement to the Department giving the reasons andobjectives for excavation or removal and the benefits expected to be obtainedfrom the contemplated work.
3. Provide data and results of any completed excavation, study, or collectionat the first of each calendar year.
4. Obtain the prior written permission of the owner if the site of theproposed excavation is on privately owned land.
5. Carry the permit while exercising the privileges granted.
D. Any person who fails to obtain a permit required by subsection A hereofshall be guilty of a Class 1 misdemeanor. Any violation of subsection Chereof shall be punished as a Class 3 misdemeanor, and the permit shall berevoked.
E. The provisions of this section shall not apply to any person in any cavelocated on his own property.
(1979, c. 252, § 10-150.16; 1982, c. 81; 1984, c. 750; 1988, c. 891; 1989, c.656.)