{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1003.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1003.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1003.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1003.html"}],"law_id":83857,"edition_id":1,"section_id":83857,"structure_id":14468,"section_number":"10.1-1003","catch_line":"Permits for excavation and scientific investigation; how obtained; penalties","history":"1979, c. 252, \u00a7 10-150.16; 1982, c. 81; 1984, c. 750; 1988, c. 891; 1989, c. 656; 2024, c. 830.","full_text":"A\n\nIn addition to the written permission of the owner required by § 10.1-1004, a permit shall be obtained from the Department prior to excavating or removing any archaeological, paleontological, prehistoric, or historic feature of any cave. Prior to issuing any permit in a locality identified by the Ombudsman for Tribal Consultation pursuant to subdivision B 2 of § 2.2-401.01, the Department shall consult with any federally recognized Tribal Nation in the Commonwealth pursuant to § 10.1-104.02. The Department shall issue a permit to excavate or remove such a feature if it finds, with the concurrence of the Director of the Department of Historic Resources, that it is in the best interest of the Commonwealth and that the applicant meets the criteria of this section. The permit shall be issued for a period of two years and may be renewed upon expiration. Such permit shall not be transferable; however, the provisions of this section shall not preclude any person from working under the direct supervision of the permittee.B\n\nAll field investigations, explorations, or recovery operations undertaken under this section shall be carried out under the general supervision of the Department and in a manner to ensure that the maximum amount of historic, scientific, archaeologic, and educational information may be recovered and preserved in addition to the physical recovery of objects.C\n\nA person applying for a permit pursuant to this section shall:1\n\nBe a historic, scientific, or educational institution, or a professional or amateur historian, biologist, archaeologist, or paleontologist, who is qualified and recognized in these areas of field investigations.2\n\nProvide a detailed statement to the Department giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work.3\n\nProvide data and results of any completed excavation, study, or collection at the first of each calendar year.4\n\nObtain the prior written permission of the owner if the site of the proposed excavation is on privately owned land.5\n\nCarry the permit while exercising the privileges granted.D\n\nAny person who fails to obtain a permit required by subsection A is guilty of a Class 1 misdemeanor. Any violation of subsection C is punishable as a Class 3 misdemeanor, and the permit shall be revoked.E\n\nThe provisions of this section shall not apply to any person in any cave located on his own property.","order_by":null,"text":{"0":{"id":300550,"text":"In addition to the written permission of the owner required by § 10.1-1004, a permit shall be obtained from the Department prior to excavating or removing any archaeological, paleontological, prehistoric, or historic feature of any cave. Prior to issuing any permit in a locality identified by the Ombudsman for Tribal Consultation pursuant to subdivision B 2 of § 2.2-401.01, the Department shall consult with any federally recognized Tribal Nation in the Commonwealth pursuant to § 10.1-104.02. The Department shall issue a permit to excavate or remove such a feature if it finds, with the concurrence of the Director of the Department of Historic Resources, that it is in the best interest of the Commonwealth and that the applicant meets the criteria of this section. The permit shall be issued for a period of two years and may be renewed upon expiration. Such permit shall not be transferable; however, the provisions of this section shall not preclude any person from working under the direct supervision of the permittee.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":300551,"text":"All field investigations, explorations, or recovery operations undertaken under this section shall be carried out under the general supervision of the Department and in a manner to ensure that the maximum amount of historic, scientific, archaeologic, and educational information may be recovered and preserved in addition to the physical recovery of objects.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":300552,"text":"A person applying for a permit pursuant to this section shall:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":300553,"text":"Be a historic, scientific, or educational institution, or a professional or amateur historian, biologist, archaeologist, or paleontologist, who is qualified and recognized in these areas of field investigations.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":300554,"text":"Provide a detailed statement to the Department giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":300555,"text":"Provide data and results of any completed excavation, study, or collection at the first of each calendar year.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":300556,"text":"Obtain the prior written permission of the owner if the site of the proposed excavation is on privately owned land.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"7":{"id":300557,"text":"Carry the permit while exercising the privileges granted.","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"D"},"8":{"id":300558,"text":"Any person who fails to obtain a permit required by subsection A is guilty of a Class 1 misdemeanor. Any violation of subsection C is punishable as a Class 3 misdemeanor, and the permit shall be revoked.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C5","next_prefix":"E"},"9":{"id":300559,"text":"The provisions of this section shall not apply to any person in any cave located on his own property.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14468,"edition_id":1,"name":"Cave Protection Act","identifier":"10","label":"chapter","depth":3,"order_by":1,"parent_id":12893,"metadata":{},"date_created":"2026-06-26 03:48:14","date_modified":"2026-06-26 03:48:14","permalink":{"id":143473,"object_type":"structure","relational_id":14468,"identifier":"10","token":"10.1\/I\/10","url":"\/10.1\/I\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12893,"edition_id":1,"name":"Activities Administered by the Department of Conservation and Recreation","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":143315,"object_type":"structure","relational_id":12893,"identifier":"I","token":"10.1\/I","url":"\/10.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":81377,"structure_id":14468,"section_number":"10.1-1000","catch_line":"Definitions","url":"\/10.1-1000\/","token":"10.1\/I\/10\/10.1-1000","metadata":false},{"id":55851,"structure_id":14468,"section_number":"10.1-1001","catch_line":"Cave Board; qualifications; officers","url":"\/10.1-1001\/","token":"10.1\/I\/10\/10.1-1001","metadata":false},{"id":79694,"structure_id":14468,"section_number":"10.1-1002","catch_line":"Powers and duties of Cave Board","url":"\/10.1-1002\/","token":"10.1\/I\/10\/10.1-1002","metadata":false},{"id":83857,"structure_id":14468,"section_number":"10.1-1003","catch_line":"Permits for excavation and scientific investigation; how obtained; penalties","url":"\/10.1-1003\/","token":"10.1\/I\/10\/10.1-1003","metadata":false},{"id":68726,"structure_id":14468,"section_number":"10.1-1004","catch_line":"Vandalism; penalties","url":"\/10.1-1004\/","token":"10.1\/I\/10\/10.1-1004","metadata":false},{"id":58884,"structure_id":14468,"section_number":"10.1-1005","catch_line":"Pollution; penalties","url":"\/10.1-1005\/","token":"10.1\/I\/10\/10.1-1005","metadata":false},{"id":82069,"structure_id":14468,"section_number":"10.1-1006","catch_line":"Disturbance of naturally occurring organisms; scientific collecting permits; penalties","url":"\/10.1-1006\/","token":"10.1\/I\/10\/10.1-1006","metadata":false},{"id":68345,"structure_id":14468,"section_number":"10.1-1007","catch_line":"Sale of speleothems; penalties","url":"\/10.1-1007\/","token":"10.1\/I\/10\/10.1-1007","metadata":false},{"id":82450,"structure_id":14468,"section_number":"10.1-1008","catch_line":"Liability of owners and agents limited; sovereign immunity of Commonwealth not waived","url":"\/10.1-1008\/","token":"10.1\/I\/10\/10.1-1008","metadata":false}],"previous_section":{"id":79694,"structure_id":14468,"section_number":"10.1-1002","catch_line":"Powers and duties of Cave Board","url":"\/10.1-1002\/","token":"10.1\/I\/10\/10.1-1002","metadata":false},"next_section":{"id":68726,"structure_id":14468,"section_number":"10.1-1004","catch_line":"Vandalism; penalties","url":"\/10.1-1004\/","token":"10.1\/I\/10\/10.1-1004","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1003\/","history_text":"

This law was first created in 1979. The record of its establishment is cataloged in chapter 252 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1979 \u201cActs\u201d aren\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1982, chapter 81; in 1984, chapter 750; in 1988, chapter 891; in 1989, chapter 656; in 2024, chapter 830<\/a>.<\/p>","references":false,"refers_to":[{"id":68726,"section_number":"10.1-1004","catch_line":"Vandalism; penalties","order_by":null,"url":"\/10.1-1004\/"},{"id":82104,"section_number":"10.1-104.02","catch_line":"Policies for consultation with federally recognized Tribal Nations in the Commonwealth","order_by":null,"url":"\/10.1-104.02\/"},{"id":79241,"section_number":"2.2-401.01","catch_line":"Liaison to Virginia Indian tribes; Ombudsman for Tribal Consultation; Virginia Indigenous People's Trust Fund","order_by":null,"url":"\/2.2-401.01\/"}],"permalink":{"id":143487,"object_type":"law","relational_id":83857,"identifier":"10.1-1003","token":"10.1\/I\/10\/10.1-1003","url":"\/10.1-1003\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1003\/","token":"10.1\/I\/10\/10.1-1003","dublin_core":{"Title":"Permits for excavation and scientific investigation; how obtained; penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1003","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In addition to the written permission of the owner<\/span> required by § 10.1-1004<\/a>, a permit shall be obtained from the Department<\/span> prior to excavating or removing any archaeological, paleontological, prehistoric, or historic feature of any cave<\/span>. Prior to issuing any permit in a locality identified by the Ombudsman for Tribal Consultation pursuant to subdivision B 2 of § 2.2-401.01<\/a>, the Department<\/span> shall consult with any federally recognized Tribal Nation in the Commonwealth pursuant to § 10.1-104.02<\/a>. The Department<\/span> shall issue<\/span> a permit to excavate or remove such a feature if it finds, with the concurrence of the Director<\/span> of the Department<\/span> of Historic Resources, that it is in the best interest of the Commonwealth and that the applicant meets the criteria of this section. The permit shall be issued for a period of two years and may be renewed upon expiration. Such permit shall not be transferable; however, the provisions of this section shall not preclude any person<\/span> from working under the direct supervision of the permittee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> All field investigations, explorations, or recovery operations undertaken under this section shall be carried out under the general supervision of the Department<\/span> and in a manner to ensure that the maximum amount of historic, scientific, archaeologic, and educational information may be recovered and preserved in addition to the physical recovery of objects<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A person<\/span> applying for a permit pursuant to this section shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Be a historic, scientific, or educational institution, or a professional or amateur historian, biologist, archaeologist, or paleontologist, who is qualified and recognized in these areas of field investigations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Provide a detailed statement to the Department<\/span> giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Provide data and results of any completed excavation, study, or collection at the first of each calendar year. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Obtain the prior written permission of the owner<\/span> if the site of the proposed excavation is on privately owned land. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Carry the permit while exercising the privileges<\/span> granted. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any person<\/span> who fails to obtain a permit required by subsection A is guilty of a Class 1 misdemeanor<\/span>. Any violation of subsection C is punishable as a Class 3 misdemeanor<\/span>, and the permit shall be revoked. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The provisions of this section shall not apply to any person<\/span> in any cave<\/span> located on his own property. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPERMITS FOR EXCAVATION AND SCIENTIFIC INVESTIGATION; HOW OBTAINED; PENALTIES (\u00a7\n10.1-1003)\n\nA. In addition to the written permission of the owner required by §\n10.1-1004, a permit shall be obtained from the Department prior to excavating or\nremoving any archaeological, paleontological, prehistoric, or historic feature\nof any cave. Prior to issuing any permit in a locality identified by the\nOmbudsman for Tribal Consultation pursuant to subdivision B 2 of §\n2.2-401.01, the Department shall consult with any federally recognized Tribal\nNation in the Commonwealth pursuant to § 10.1-104.02. The Department shall\nissue a permit to excavate or remove such a feature if it finds, with the\nconcurrence of the Director of the Department of Historic Resources, that it is\nin the best interest of the Commonwealth and that the applicant meets the\ncriteria of this section. The permit shall be issued for a period of two years\nand may be renewed upon expiration. Such permit shall not be transferable;\nhowever, the provisions of this section shall not preclude any person from\nworking under the direct supervision of the permittee.\n\nB. All field investigations, explorations, or recovery operations undertaken\nunder this section shall be carried out under the general supervision of the\nDepartment and in a manner to ensure that the maximum amount of historic,\nscientific, archaeologic, and educational information may be recovered and\npreserved in addition to the physical recovery of objects.\n\nC. A person applying for a permit pursuant to this section shall:\n\n 1. Be a historic, scientific, or educational institution, or a professional or\n amateur historian, biologist, archaeologist, or paleontologist, who is\n qualified and recognized in these areas of field investigations.\n\n 2. Provide a detailed statement to the Department giving the reasons and\n objectives for excavation or removal and the benefits expected to be obtained\n from the contemplated work.\n\n 3. Provide data and results of any completed excavation, study, or collection\n at the first of each calendar year.\n\n 4. Obtain the prior written permission of the owner if the site of the\n proposed excavation is on privately owned land.\n\n 5. Carry the permit while exercising the privileges granted.\n\nD. Any person who fails to obtain a permit required by subsection A is guilty of\na Class 1 misdemeanor. Any violation of subsection C is punishable as a Class 3\nmisdemeanor, and the permit shall be revoked.\n\nE. The provisions of this section shall not apply to any person in any cave\nlocated on his own property.\n\nHISTORY: 1979, c. 252, \u00a7 10-150.16; 1982, c. 81; 1984, c. 750; 1988, c. 891;\n1989, c. 656; 2024, c. 830.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}