§ 70-30. Jurisdiction over remains. - North Carolina Statutes

§ 70‑30.  Jurisdictionover remains.

(a)        Subsequent tonotification of the discovery of an unmarked human burial or human skeletalremains, the medical examiner of the county in which the remains wereencountered shall determine as soon as possible whether the remains are subjectto the provisions of G.S. 130A‑383.

(b)        If the countymedical examiner determines that the remains are subject to the provisions ofG.S. 130A‑383, the county medical examiner will immediately proceed withthe investigation.

(c)        If the countymedical examiner determines that the remains are not subject to the provisionsof G.S. 130A‑383, the county medical examiner shall so notify the ChiefMedical Examiner. The Chief Medical Examiner shall notify the StateArchaeologist of the discovery of the human skeletal remains and the findingsof the county medical examiner. The State Archaeologist shall immediately takecharge of the remains.

(d)        Subsequent totaking charge of the human skeletal remains, the State Archaeologist shall have48 hours to make arrangements with the landowner for the protection or removalof the unmarked human burial or human skeletal remains. The State Archaeologistshall have no authority over the remains at the end of the 48‑hour periodand may not prohibit the resumption of the construction or agriculturalactivities without the permission of the landowner. (1981, c. 853, s. 2; 2007‑484,ss. 10(c), 11(b).)