STATE STATUTES & CODES
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VIRGINIA STATUTES AND CODES
10.1-2302 - Permit required to conduct field investigations; ownership of objects of antiquity; penalty.
§ 10.1-2302. Permit required to conduct field investigations; ownership ofobjects of antiquity; penalty.
A. It shall be unlawful for any person to conduct any type of fieldinvestigation, exploration or recovery operation involving the removal,destruction or disturbance of any object of antiquity on state-controlledland, or on a state archaeological site or zone without first receiving apermit from the Director.
B. The Director may issue a permit to conduct field investigations if theDirector finds that it is in the best interest of the Commonwealth, and theapplicant is a historic, scientific, or educational institution, professionalarchaeologist or amateur, who is qualified and recognized in the area offield investigations or archaeology.
C. The permit shall require that all objects of antiquity that are recoveredfrom state-controlled land shall be the exclusive property of theCommonwealth. Title to some or all objects of antiquity which are discoveredor removed from a state archaeological site not located on state-controlledland may be retained by the owner of such land. All objects of antiquitythat are discovered or recovered on or from state-controlled land shall beretained by the Commonwealth, unless they are released to the applicant bythe Director.
D. All field investigations, explorations, or recovery operations undertakenpursuant to a permit issued under this section shall be carried out under thegeneral supervision of the Director and in a manner to ensure that themaximum amount of historic, scientific, archaeologic and educationalinformation may be recovered and preserved in addition to the physicalrecovery of objects.
E. If the field investigation described in the application is likely tointerfere with the activity of any state agency, no permit shall be issuedunless the applicant has secured the written approval of such agency.
F. Any person who violates the provisions of this section shall be guilty ofa Class 1 misdemeanor.
(1977, c. 424, § 10-150.5; 1984, c. 750; 1988, c. 891, § 10.1-903; 1989, c.656.)