10.1-2305 - Permit required for the archaeological excavation of human remains.
§ 10.1-2305. Permit required for the archaeological excavation of humanremains.
A. It shall be unlawful for any person to conduct any type of archaeologicalfield investigation involving the removal of human skeletal remains orassociated artifacts from any unmarked human burial regardless of age of anarchaeological site and regardless of ownership without first receiving apermit from the Director.
B. Where unmarked burials are not part of a legally chartered cemetery,archaeological excavation of such burials pursuant to a permit from theDirector shall be exempt from the requirements of §§ 57-38.1 and 57-39.However, such exemption shall not apply in the case of human burials withinformally chartered cemeteries that have been abandoned.
C. The Department shall be considered an interested party in courtproceedings considering the abandonment of legally constituted cemeteries orfamily graveyards with historic significance. A permit from the Director isrequired if archaeological investigations are undertaken as a part of acourt-approved removal of a cemetery.
D. The Board shall promulgate regulations implementing this section thatprovide for appropriate public notice prior to issuance of a permit, providefor appropriate treatment of excavated remains, the scientific quality of theresearch conducted on the remains, and the appropriate disposition of theremains upon completion of the research. The Department may carry out suchexcavations and research without a permit, provided that it has complied withthe substantive requirements of the regulations promulgated pursuant to thissection.
E. Any interested party may appeal the Director's decision to issue a permitor to act directly to excavate human remains to the local circuit court. Suchappeal must be filed within fourteen days of the Director's decision.
(1989, c. 656.)