{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-2214.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-2214.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-2214.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-2214.html"}],"law_id":74703,"edition_id":1,"section_id":74703,"structure_id":13563,"section_number":"10.1-2214","catch_line":"Underwater historic property; penalty","history":"1984, c. 750, \u00a7 10-262; 1988, c. 891, \u00a7 10.1-817; 1989, c. 656; 2024, c. 830.","full_text":"A\n\nFor purposes of this section, “underwater historic property” means any submerged shipwreck, vessel, cargo, tackle, or underwater archaeological specimen, including any object found at underwater refuse sites or submerged sites of former habitation, that has remained unclaimed on the state-owned subaqueous bottom and has historic value as determined by the Department.B\n\nUnderwater historic property shall be preserved and protected and shall be the exclusive property of the Commonwealth. Preservation and protection of such property shall be the responsibility of all state agencies, including but not limited to the Department, the Virginia Institute of Marine Science, and the Virginia Marine Resources Commission. Insofar as may be practicable, such property shall be preserved, protected, and displayed for the public benefit within the county or city within which it is found or within a museum operated by a state agency.C\n\nIt is unlawful for any person, firm, or corporation to conduct any type of recovery operations involving the removal, destruction, or disturbance of any underwater historic property without first applying for and receiving a permit from the Virginia Marine Resources Commission to conduct such operations pursuant to § 28.2-1203. If the Virginia Marine Resources Commission, after consultation with any federally recognized Tribal Nations in the Commonwealth pursuant to § 28.2-104.01, and with the concurrence of the Department and in consultation with the Virginia Institute of Marine Science and other concerned state agencies, finds that granting the permit is in the best interest of the Commonwealth, it shall grant the applicant a permit. The permit shall provide that all objects recovered shall be the exclusive property of the Commonwealth. The permit shall provide the applicant with a fair share of the objects recovered, or in the discretion of the Department, a reasonable percentage of the cash value of the objects recovered to be paid by the Department. Title to all objects recovered shall be retained by the Commonwealth unless or until they are released to the applicant by the Department. All recovery operations undertaken pursuant to a permit issued under this section shall be carried out under the general supervision of the Department and in accordance with § 28.2-1203 and in such a manner that the maximum amount of historical, scientific, archaeological, and educational information may be recovered and preserved in addition to the physical recovery of items. The Virginia Marine Resources Commission shall not grant a permit to conduct operations at substantially the same location described and covered by a permit previously granted if recovery operations are being actively pursued, unless the holder of the previously granted permit concurs in the grant of another permit.D\n\nThe Department may seek a permit pursuant to this section and § 28.2-1203 to preserve and protect or recover any underwater historic property.E\n\nAny person violating the provisions of this section is guilty of a Class 1 misdemeanor and, in addition, shall forfeit to the Commonwealth any objects recovered.","order_by":null,"text":{"0":{"id":268492,"text":"For purposes of this section, “underwater historic property” means any submerged shipwreck, vessel, cargo, tackle, or underwater archaeological specimen, including any object found at underwater refuse sites or submerged sites of former habitation, that has remained unclaimed on the state-owned subaqueous bottom and has historic value as determined by the Department.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":268493,"text":"Underwater historic property shall be preserved and protected and shall be the exclusive property of the Commonwealth. Preservation and protection of such property shall be the responsibility of all state agencies, including but not limited to the Department, the Virginia Institute of Marine Science, and the Virginia Marine Resources Commission. Insofar as may be practicable, such property shall be preserved, protected, and displayed for the public benefit within the county or city within which it is found or within a museum operated by a state agency.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":268494,"text":"It is unlawful for any person, firm, or corporation to conduct any type of recovery operations involving the removal, destruction, or disturbance of any underwater historic property without first applying for and receiving a permit from the Virginia Marine Resources Commission to conduct such operations pursuant to § 28.2-1203. If the Virginia Marine Resources Commission, after consultation with any federally recognized Tribal Nations in the Commonwealth pursuant to § 28.2-104.01, and with the concurrence of the Department and in consultation with the Virginia Institute of Marine Science and other concerned state agencies, finds that granting the permit is in the best interest of the Commonwealth, it shall grant the applicant a permit. The permit shall provide that all objects recovered shall be the exclusive property of the Commonwealth. The permit shall provide the applicant with a fair share of the objects recovered, or in the discretion of the Department, a reasonable percentage of the cash value of the objects recovered to be paid by the Department. Title to all objects recovered shall be retained by the Commonwealth unless or until they are released to the applicant by the Department. All recovery operations undertaken pursuant to a permit issued under this section shall be carried out under the general supervision of the Department and in accordance with § 28.2-1203 and in such a manner that the maximum amount of historical, scientific, archaeological, and educational information may be recovered and preserved in addition to the physical recovery of items. The Virginia Marine Resources Commission shall not grant a permit to conduct operations at substantially the same location described and covered by a permit previously granted if recovery operations are being actively pursued, unless the holder of the previously granted permit concurs in the grant of another permit.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":268495,"text":"The Department may seek a permit pursuant to this section and § 28.2-1203 to preserve and protect or recover any underwater historic property.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":268496,"text":"Any person violating the provisions of this section is guilty of a Class 1 misdemeanor and, in addition, shall forfeit to the Commonwealth any objects recovered.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13563,"edition_id":1,"name":"Department of Historic Resources","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13562,"metadata":{},"date_created":"2026-06-26 03:45:15","date_modified":"2026-06-26 03:45:15","permalink":{"id":146911,"object_type":"structure","relational_id":13563,"identifier":"1","token":"10.1\/III\/22\/1","url":"\/10.1\/III\/22\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13562,"edition_id":1,"name":"Historic Resources","identifier":"22","label":"chapter","depth":3,"order_by":1,"parent_id":13561,"metadata":{},"date_created":"2026-06-26 03:45:15","date_modified":"2026-06-26 03:45:15","permalink":{"id":146909,"object_type":"structure","relational_id":13562,"identifier":"22","token":"10.1\/III\/22","url":"\/10.1\/III\/22\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13561,"edition_id":1,"name":"Activities Administered by the Department of Historic Resources","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:45:15","date_modified":"2026-06-26 03:45:15","permalink":{"id":146907,"object_type":"structure","relational_id":13561,"identifier":"III","token":"10.1\/III","url":"\/10.1\/III\/","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":65742,"structure_id":13563,"section_number":"10.1-2200","catch_line":"Definitions","url":"\/10.1-2200\/","token":"10.1\/III\/22\/1\/10.1-2200","metadata":false},{"id":62819,"structure_id":13563,"section_number":"10.1-2201","catch_line":"Department created; appointment of Director; Director to serve as State Historic Preservation Officer","url":"\/10.1-2201\/","token":"10.1\/III\/22\/1\/10.1-2201","metadata":false},{"id":65046,"structure_id":13563,"section_number":"10.1-2202","catch_line":"Powers and duties of the Director","url":"\/10.1-2202\/","token":"10.1\/III\/22\/1\/10.1-2202","metadata":false},{"id":58688,"structure_id":13563,"section_number":"10.1-2202.1","catch_line":"Historic Resources Fund established; administration; purpose","url":"\/10.1-2202.1\/","token":"10.1\/III\/22\/1\/10.1-2202.1","metadata":false},{"id":61524,"structure_id":13563,"section_number":"10.1-2202.2","catch_line":"Preservation Easement Fund established; uses","url":"\/10.1-2202.2\/","token":"10.1\/III\/22\/1\/10.1-2202.2","metadata":false},{"id":58104,"structure_id":13563,"section_number":"10.1-2202.3","catch_line":"Stewardship of state-owned historic properties","url":"\/10.1-2202.3\/","token":"10.1\/III\/22\/1\/10.1-2202.3","metadata":false},{"id":78102,"structure_id":13563,"section_number":"10.1-2202.4","catch_line":"Virginia Battlefield Preservation Fund established; eligibility; uses","url":"\/10.1-2202.4\/","token":"10.1\/III\/22\/1\/10.1-2202.4","metadata":false},{"id":79249,"structure_id":13563,"section_number":"10.1-2202.5","catch_line":"Virginia Black, Indigenous, and People of Color Historic Preservation Fund; established","url":"\/10.1-2202.5\/","token":"10.1\/III\/22\/1\/10.1-2202.5","metadata":false},{"id":72381,"structure_id":13563,"section_number":"10.1-2203","catch_line":"Board of Historic Resources membership; appointment; terms","url":"\/10.1-2203\/","token":"10.1\/III\/22\/1\/10.1-2203","metadata":false},{"id":66859,"structure_id":13563,"section_number":"10.1-2204","catch_line":"Duties of Board of Historic Resources","url":"\/10.1-2204\/","token":"10.1\/III\/22\/1\/10.1-2204","metadata":false},{"id":65344,"structure_id":13563,"section_number":"10.1-2205","catch_line":"Board shall promulgate regulations; penalty","url":"\/10.1-2205\/","token":"10.1\/III\/22\/1\/10.1-2205","metadata":false},{"id":71292,"structure_id":13563,"section_number":"10.1-2205.1","catch_line":"Policies for consultation with federally recognized Tribal Nations in the Commonwealth","url":"\/10.1-2205.1\/","token":"10.1\/III\/22\/1\/10.1-2205.1","metadata":false},{"id":63597,"structure_id":13563,"section_number":"10.1-2206","catch_line":"Repealed","url":"\/10.1-2206\/","token":"10.1\/III\/22\/1\/10.1-2206","metadata":false},{"id":83676,"structure_id":13563,"section_number":"10.1-2206.1","catch_line":"Procedure for designating a historic district, building, structure, or site as a historic landmark; National Register of Historic Places, National Historic Landmarks; historic district defined","url":"\/10.1-2206.1\/","token":"10.1\/III\/22\/1\/10.1-2206.1","metadata":false},{"id":55550,"structure_id":13563,"section_number":"10.1-2206.2","catch_line":"Consent of owners required for certain designations by the Board","url":"\/10.1-2206.2\/","token":"10.1\/III\/22\/1\/10.1-2206.2","metadata":false},{"id":54525,"structure_id":13563,"section_number":"10.1-2207","catch_line":"Property to reflect change in market value","url":"\/10.1-2207\/","token":"10.1\/III\/22\/1\/10.1-2207","metadata":false},{"id":69276,"structure_id":13563,"section_number":"10.1-2208","catch_line":"Supervision of expenditure of appropriations made to localities and private organizations","url":"\/10.1-2208\/","token":"10.1\/III\/22\/1\/10.1-2208","metadata":false},{"id":78369,"structure_id":13563,"section_number":"10.1-2208.1","catch_line":"Expired","url":"\/10.1-2208.1\/","token":"10.1\/III\/22\/1\/10.1-2208.1","metadata":false},{"id":71446,"structure_id":13563,"section_number":"10.1-2209","catch_line":"Erection of markers, requirements, etc., without certificate of approval forbidden","url":"\/10.1-2209\/","token":"10.1\/III\/22\/1\/10.1-2209","metadata":false},{"id":70977,"structure_id":13563,"section_number":"10.1-2210","catch_line":"Erection of markers by local governing bodies","url":"\/10.1-2210\/","token":"10.1\/III\/22\/1\/10.1-2210","metadata":false},{"id":58510,"structure_id":13563,"section_number":"10.1-2210.1","catch_line":"Green Book historic site designation","url":"\/10.1-2210.1\/","token":"10.1\/III\/22\/1\/10.1-2210.1","metadata":false},{"id":61851,"structure_id":13563,"section_number":"10.1-2211","catch_line":"Disbursement of funds appropriated for caring for Confederate cemeteries and graves","url":"\/10.1-2211\/","token":"10.1\/III\/22\/1\/10.1-2211","metadata":false},{"id":84679,"structure_id":13563,"section_number":"10.1-2211.1","catch_line":"Disbursement of funds appropriated for caring for Revolutionary War cemeteries and graves","url":"\/10.1-2211.1\/","token":"10.1\/III\/22\/1\/10.1-2211.1","metadata":false},{"id":61324,"structure_id":13563,"section_number":"10.1-2211.1:1","catch_line":"Revolutionary War Cemeteries and Graves Fund","url":"\/10.1-2211.1_1\/","token":"10.1\/III\/22\/1\/10.1-2211.1_1","metadata":false},{"id":71899,"structure_id":13563,"section_number":"10.1-2211.2","catch_line":"Disbursement of funds appropriated for caring for historical African American cemeteries and graves","url":"\/10.1-2211.2\/","token":"10.1\/III\/22\/1\/10.1-2211.2","metadata":false},{"id":59849,"structure_id":13563,"section_number":"10.1-2211.3","catch_line":"Historical African American Cemeteries and Graves Fund","url":"\/10.1-2211.3\/","token":"10.1\/III\/22\/1\/10.1-2211.3","metadata":false},{"id":83415,"structure_id":13563,"section_number":"10.1-2212","catch_line":"Listing of certain historical societies receiving appropriations","url":"\/10.1-2212\/","token":"10.1\/III\/22\/1\/10.1-2212","metadata":false},{"id":59202,"structure_id":13563,"section_number":"10.1-2213","catch_line":"Procedure for appropriation of state funds for historic preservation","url":"\/10.1-2213\/","token":"10.1\/III\/22\/1\/10.1-2213","metadata":false},{"id":61421,"structure_id":13563,"section_number":"10.1-2213.1","catch_line":"Matching grants for contributions to a material restoration of a Presidential home","url":"\/10.1-2213.1\/","token":"10.1\/III\/22\/1\/10.1-2213.1","metadata":false},{"id":74703,"structure_id":13563,"section_number":"10.1-2214","catch_line":"Underwater historic property; penalty","url":"\/10.1-2214\/","token":"10.1\/III\/22\/1\/10.1-2214","metadata":false}],"previous_section":{"id":61421,"structure_id":13563,"section_number":"10.1-2213.1","catch_line":"Matching grants for contributions to a material restoration of a Presidential home","url":"\/10.1-2213.1\/","token":"10.1\/III\/22\/1\/10.1-2213.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-2214\/","history_text":"

This law was first created in 1984. The record of its establishment is cataloged in chapter 750 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 1984 \u201cActs\u201d aren\u2019t available online. It has been modified 3 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 1988, chapter 891; in 1989, chapter 656; in 2024, chapter 830<\/a>.<\/p>","references":[{"id":53977,"section_number":"28.2-104.01","catch_line":"Policies for consultation with federally recognized Tribal Nations in the Commonwealth","order_by":null,"url":"\/28.2-104.01\/"},{"id":79002,"section_number":"28.2-1203","catch_line":"Unlawful use of subaqueous beds; penalty","order_by":null,"url":"\/28.2-1203\/"},{"id":78037,"section_number":"28.2-1204","catch_line":"Authority of Commission over submerged lands","order_by":null,"url":"\/28.2-1204\/"}],"refers_to":[{"id":53977,"section_number":"28.2-104.01","catch_line":"Policies for consultation with federally recognized Tribal Nations in the Commonwealth","order_by":null,"url":"\/28.2-104.01\/"},{"id":79002,"section_number":"28.2-1203","catch_line":"Unlawful use of subaqueous beds; penalty","order_by":null,"url":"\/28.2-1203\/"}],"permalink":{"id":147029,"object_type":"law","relational_id":74703,"identifier":"10.1-2214","token":"10.1\/III\/22\/1\/10.1-2214","url":"\/10.1-2214\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-2214\/","token":"10.1\/III\/22\/1\/10.1-2214","dublin_core":{"Title":"Underwater historic property; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-2214","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For purposes of this section, “underwater historic property<\/span>” means any submerged shipwreck, vessel, cargo, tackle, or underwater archaeological specimen, including any object<\/span> found at underwater refuse sites or submerged sites of former habitation, that has remained unclaimed on the state-owned subaqueous bottom and has historic value as determined by the Department<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Underwater historic property<\/span> shall be preserved and protected and shall be the exclusive property of the Commonwealth. Preservation and protection of such property shall be the responsibility of all state agencies, including but not limited to the Department<\/span>, the Virginia Institute of Marine Science, and the Virginia Marine Resources Commission. Insofar as may be practicable, such property shall be preserved, protected, and displayed for the public benefit within the county or city within which it is found or within a museum operated by a state agency. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> It is unlawful for any person, firm, or corporation to conduct any type of recovery operations involving the removal, destruction, or disturbance of any underwater historic property<\/span> without first applying for and receiving a permit from the Virginia Marine Resources Commission to conduct such operations pursuant to § 28.2-1203<\/a>. If the Virginia Marine Resources Commission, after consultation with any federally recognized Tribal Nations in the Commonwealth pursuant to § 28.2-104.01<\/a>, and with the concurrence of the Department<\/span> and in consultation with the Virginia Institute of Marine Science and other concerned state agencies, finds that granting the permit is in the best interest of the Commonwealth, it shall grant the applicant a permit. The permit shall provide that all objects<\/span> recovered shall be the exclusive property of the Commonwealth. The permit shall provide the applicant with a fair share of the objects<\/span> recovered, or in the discretion of the Department<\/span>, a reasonable percentage of the cash value of the objects<\/span> recovered to be paid by the Department<\/span>. Title to all objects<\/span> recovered shall be retained by the Commonwealth unless or until they are released to the applicant by the Department<\/span>. All recovery operations undertaken pursuant to a permit issued under this section shall be carried out under the general supervision of the Department<\/span> and in accordance with § 28.2-1203<\/a> and in such a manner that the maximum amount of historical, scientific, archaeological, and educational information may be recovered and preserved in addition to the physical recovery of items. The Virginia Marine Resources Commission shall not grant a permit to conduct operations at substantially the same location described and covered by a permit previously granted if recovery operations are being actively pursued, unless the holder of the previously granted permit concurs in the grant of another permit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Department<\/span> may seek a permit pursuant to this section and § 28.2-1203<\/a> to preserve and protect or recover any underwater historic property<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any person violating the provisions of this section is guilty of a Class 1 misdemeanor<\/span> and, in addition, shall forfeit to the Commonwealth any objects<\/span> recovered. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUNDERWATER HISTORIC PROPERTY; PENALTY (\u00a7 10.1-2214)\n\nA. For purposes of this section, “underwater historic property”\nmeans any submerged shipwreck, vessel, cargo, tackle, or underwater\narchaeological specimen, including any object found at underwater refuse sites\nor submerged sites of former habitation, that has remained unclaimed on the\nstate-owned subaqueous bottom and has historic value as determined by the\nDepartment.\n\nB. Underwater historic property shall be preserved and protected and shall be\nthe exclusive property of the Commonwealth. Preservation and protection of such\nproperty shall be the responsibility of all state agencies, including but not\nlimited to the Department, the Virginia Institute of Marine Science, and the\nVirginia Marine Resources Commission. Insofar as may be practicable, such\nproperty shall be preserved, protected, and displayed for the public benefit\nwithin the county or city within which it is found or within a museum operated\nby a state agency.\n\nC. It is unlawful for any person, firm, or corporation to conduct any type of\nrecovery operations involving the removal, destruction, or disturbance of any\nunderwater historic property without first applying for and receiving a permit\nfrom the Virginia Marine Resources Commission to conduct such operations\npursuant to § 28.2-1203. If the Virginia Marine Resources Commission, after\nconsultation with any federally recognized Tribal Nations in the Commonwealth\npursuant to § 28.2-104.01, and with the concurrence of the Department and\nin consultation with the Virginia Institute of Marine Science and other\nconcerned state agencies, finds that granting the permit is in the best interest\nof the Commonwealth, it shall grant the applicant a permit. The permit shall\nprovide that all objects recovered shall be the exclusive property of the\nCommonwealth. The permit shall provide the applicant with a fair share of the\nobjects recovered, or in the discretion of the Department, a reasonable\npercentage of the cash value of the objects recovered to be paid by the\nDepartment. Title to all objects recovered shall be retained by the Commonwealth\nunless or until they are released to the applicant by the Department. All\nrecovery operations undertaken pursuant to a permit issued under this section\nshall be carried out under the general supervision of the Department and in\naccordance with § 28.2-1203 and in such a manner that the maximum amount of\nhistorical, scientific, archaeological, and educational information may be\nrecovered and preserved in addition to the physical recovery of items. The\nVirginia Marine Resources Commission shall not grant a permit to conduct\noperations at substantially the same location described and covered by a permit\npreviously granted if recovery operations are being actively pursued, unless the\nholder of the previously granted permit concurs in the grant of another permit.\n\nD. The Department may seek a permit pursuant to this section and §\n28.2-1203 to preserve and protect or recover any underwater historic property.\n\nE. Any person violating the provisions of this section is guilty of a Class 1\nmisdemeanor and, in addition, shall forfeit to the Commonwealth any objects\nrecovered.\n\nHISTORY: 1984, c. 750, \u00a7 10-262; 1988, c. 891, \u00a7 10.1-817; 1989, c. 656; 2024,\nc. 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}}