{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-2302.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-2302.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-2302.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-2302.html"}],"law_id":57449,"edition_id":1,"section_id":57449,"structure_id":15067,"section_number":"10.1-2302","catch_line":"Permit required to conduct field investigations; ownership of objects of antiquity; penalty","history":"1977, c. 424, \u00a7 10-150.5; 1984, c. 750; 1988, c. 891, \u00a7 10.1-903; 1989, c. 656; 2020, c. 1106.","full_text":"A\n\nIt is unlawful for any person to conduct any type of field investigation, exploration, or recovery operation involving the removal, destruction, or disturbance of any object of antiquity on state-controlled land, or on a state archaeological site or zone, without first receiving a permit from the Director.B\n\nThe Director may issue a permit to conduct field investigations if the Director determines that (i) it is in the best interest of the Commonwealth and (ii) the applicant has identified a field supervisor who is a qualified professional archaeologist and who meets or exceeds the following standards:1\n\nHolds a graduate degree in archaeology, anthropology, or a closely related field;2\n\nHas at least one year of full-time professional experience or equivalent specialized training in archaeological research, administration, or management;3\n\nHas at least four months of supervised field and analytic experience in general North American archaeology;4\n\nHas at least one year of full-time experience at a supervisory level in the study of archaeological resources of the prehistoric or historic period;5\n\nHas demonstrated an ability to carry research to completion;6\n\nHas demonstrated the knowledge, skills, and experience to complete the type of investigations proposed; and7\n\nHas an active membership in or affiliation with a recognized professional archaeological organization, such as the Register of Professional Archaeologists, the Council of Virginia Archaeologists, or a similar organization or institution with an established code of professional ethics and conduct and documented grievance procedures.\n\t\t\t\tIn determining whether the field supervisor meets such standards, the Director may consider the performance of the field supervisor on any prior permitted field investigation, exploration, or recovery operation.C\n\nThe permit shall require that all objects of antiquity that are recovered from state-controlled land shall be the exclusive property of the Commonwealth. Title to some or all objects of antiquity that are discovered or removed from a state archaeological site not located on state-controlled land may be retained by the owner of such land. All objects of antiquity that are discovered or recovered on or from state-controlled land shall be retained by the Commonwealth, unless they are released to the applicant by the Director.D\n\nAll field investigations, explorations, or recovery operations undertaken pursuant to a permit issued under this section shall be carried out under the general supervision of the Director 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.E\n\nIf the field investigation described in the application is likely to interfere with the activity of any state agency, no permit shall be issued unless the applicant has secured the written approval of such agency.F\n\nAny person who conducts any field investigation, exploration, or recovery operation without first obtaining a permit pursuant to subsection A is guilty of a Class 1 misdemeanor.\n\t\t\tAny person who willfully misrepresents any information on an application for a permit pursuant to this section is guilty of a Class 1 misdemeanor.\n\t\t\tAny person who willfully misrepresents the results, information, or data collected during a permitted field investigation, exploration, or recovery operation is guilty of a Class 1 misdemeanor.","order_by":null,"text":{"0":{"id":210493,"text":"It is unlawful for any person to conduct any type of field investigation, exploration, or recovery operation involving the removal, destruction, or disturbance of any object of antiquity on state-controlled land, or on a state archaeological site or zone, without first receiving a permit from the Director.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":210494,"text":"The Director may issue a permit to conduct field investigations if the Director determines that (i) it is in the best interest of the Commonwealth and (ii) the applicant has identified a field supervisor who is a qualified professional archaeologist and who meets or exceeds the following standards:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":210495,"text":"Holds a graduate degree in archaeology, anthropology, or a closely related field;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":210496,"text":"Has at least one year of full-time professional experience or equivalent specialized training in archaeological research, administration, or management;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":210497,"text":"Has at least four months of supervised field and analytic experience in general North American archaeology;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":210498,"text":"Has at least one year of full-time experience at a supervisory level in the study of archaeological resources of the prehistoric or historic period;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":210499,"text":"Has demonstrated an ability to carry research to completion;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":210500,"text":"Has demonstrated the knowledge, skills, and experience to complete the type of investigations proposed; and","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":210501,"text":"Has an active membership in or affiliation with a recognized professional archaeological organization, such as the Register of Professional Archaeologists, the Council of Virginia Archaeologists, or a similar organization or institution with an established code of professional ethics and conduct and documented grievance procedures.\n\t\t\t\tIn determining whether the field supervisor meets such standards, the Director may consider the performance of the field supervisor on any prior permitted field investigation, exploration, or recovery operation.","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"C"},"9":{"id":210502,"text":"The permit shall require that all objects of antiquity that are recovered from state-controlled land shall be the exclusive property of the Commonwealth. Title to some or all objects of antiquity that are discovered or removed from a state archaeological site not located on state-controlled land may be retained by the owner of such land. All objects of antiquity that are discovered or recovered on or from state-controlled land shall be retained by the Commonwealth, unless they are released to the applicant by the Director.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B7","next_prefix":"D"},"10":{"id":210503,"text":"All field investigations, explorations, or recovery operations undertaken pursuant to a permit issued under this section shall be carried out under the general supervision of the Director 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":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"11":{"id":210504,"text":"If the field investigation described in the application is likely to interfere with the activity of any state agency, no permit shall be issued unless the applicant has secured the written approval of such agency.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"12":{"id":210505,"text":"Any person who conducts any field investigation, exploration, or recovery operation without first obtaining a permit pursuant to subsection A is guilty of a Class 1 misdemeanor.\n\t\t\tAny person who willfully misrepresents any information on an application for a permit pursuant to this section is guilty of a Class 1 misdemeanor.\n\t\t\tAny person who willfully misrepresents the results, information, or data collected during a permitted field investigation, exploration, or recovery operation is guilty of a Class 1 misdemeanor.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":15067,"edition_id":1,"name":"Virginia Antiquities Act","identifier":"23","label":"chapter","depth":3,"order_by":1,"parent_id":13561,"metadata":{},"date_created":"2026-06-26 03:51:56","date_modified":"2026-06-26 03:51:56","permalink":{"id":147039,"object_type":"structure","relational_id":15067,"identifier":"23","token":"10.1\/III\/23","url":"\/10.1\/III\/23\/","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":66299,"structure_id":15067,"section_number":"10.1-2300","catch_line":"Definitions","url":"\/10.1-2300\/","token":"10.1\/III\/23\/10.1-2300","metadata":false},{"id":69478,"structure_id":15067,"section_number":"10.1-2301","catch_line":"Duties of Director","url":"\/10.1-2301\/","token":"10.1\/III\/23\/10.1-2301","metadata":false},{"id":57449,"structure_id":15067,"section_number":"10.1-2302","catch_line":"Permit required to conduct field investigations; ownership of objects of antiquity; penalty","url":"\/10.1-2302\/","token":"10.1\/III\/23\/10.1-2302","metadata":false},{"id":69094,"structure_id":15067,"section_number":"10.1-2303","catch_line":"Control of archaeological sites; authority of Director to contract","url":"\/10.1-2303\/","token":"10.1\/III\/23\/10.1-2303","metadata":false},{"id":81956,"structure_id":15067,"section_number":"10.1-2304","catch_line":"Designating archaeological sites and zones","url":"\/10.1-2304\/","token":"10.1\/III\/23\/10.1-2304","metadata":false},{"id":77363,"structure_id":15067,"section_number":"10.1-2305","catch_line":"Permit required for the archaeological excavation of human remains","url":"\/10.1-2305\/","token":"10.1\/III\/23\/10.1-2305","metadata":false},{"id":86677,"structure_id":15067,"section_number":"10.1-2306","catch_line":"Violations; penalty","url":"\/10.1-2306\/","token":"10.1\/III\/23\/10.1-2306","metadata":false}],"previous_section":{"id":69478,"structure_id":15067,"section_number":"10.1-2301","catch_line":"Duties of Director","url":"\/10.1-2301\/","token":"10.1\/III\/23\/10.1-2301","metadata":false},"next_section":{"id":69094,"structure_id":15067,"section_number":"10.1-2303","catch_line":"Control of archaeological sites; authority of Director to contract","url":"\/10.1-2303\/","token":"10.1\/III\/23\/10.1-2303","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-2302\/","history_text":"

This law was first created in 1977. The record of its establishment is cataloged in chapter 424 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 1977 \u201cActs\u201d aren\u2019t available online. It has been modified 4 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 1984, chapter 750; in 1988, chapter 891; in 1989, chapter 656; in 2020, chapter 1106<\/a>.<\/p>","references":[{"id":71292,"section_number":"10.1-2205.1","catch_line":"Policies for consultation with federally recognized Tribal Nations in the Commonwealth","order_by":null,"url":"\/10.1-2205.1\/"},{"id":81956,"section_number":"10.1-2304","catch_line":"Designating archaeological sites and zones","order_by":null,"url":"\/10.1-2304\/"}],"refers_to":false,"permalink":{"id":147049,"object_type":"law","relational_id":57449,"identifier":"10.1-2302","token":"10.1\/III\/23\/10.1-2302","url":"\/10.1-2302\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-2302\/","token":"10.1\/III\/23\/10.1-2302","dublin_core":{"Title":"Permit required to conduct field investigations; ownership of objects of antiquity; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-2302","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> It is unlawful for any person<\/span> to conduct any type of field investigation<\/span>, exploration, or recovery operation involving the removal, destruction, or disturbance of any object of antiquity<\/span> on state-controlled land<\/span>, or on a state archaeological site<\/span> or zone, without first receiving a permit from the Director<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Director<\/span> may issue<\/span> a permit to conduct field investigations<\/span> if the Director<\/span> determines that (i) it is in the best interest of the Commonwealth and (ii) the applicant has identified a field supervisor<\/span> who is a qualified professional archaeologist and who meets or exceeds the following standards: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Holds a graduate degree in archaeology, anthropology, or a closely related field; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Has at least one year of full-time professional experience or equivalent specialized training in archaeological research, administration, or management; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Has at least four months of supervised field and analytic experience in general North American archaeology; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Has at least one year of full-time experience at a supervisory level in the study of archaeological resources of the prehistoric or historic period; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Has demonstrated an ability to carry research to completion; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Has demonstrated the knowledge, skills, and experience to complete the type of investigations proposed; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Has an active membership in or affiliation with a recognized professional archaeological organization, such as the Register of Professional Archaeologists, the Council of Virginia Archaeologists, or a similar organization or institution with an established code of professional ethics and conduct and documented grievance procedures.\n\t\t\t\tIn determining whether the field supervisor<\/span> meets such standards, the Director<\/span> may consider the performance of the field supervisor<\/span> on any prior permitted field investigation<\/span>, exploration, or recovery operation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The permit shall require that all objects<\/span> of antiquity that are recovered from state-controlled land<\/span> shall be the exclusive property of the Commonwealth. Title to some or all objects<\/span> of antiquity that are discovered or removed from a state archaeological site<\/span> not located on state-controlled land<\/span> may be retained by the owner of such land. All objects<\/span> of antiquity that are discovered or recovered on or from state-controlled land<\/span> shall be retained by the Commonwealth, unless they are released to the applicant by the Director<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> All field investigations<\/span>, explorations, or recovery operations undertaken pursuant to a permit issued under this section shall be carried out under the general supervision of the Director<\/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

E.<\/span> If the field investigation<\/span> described in the application is likely to interfere with the activity of any state agency<\/span>, no permit shall be issued unless the applicant has secured the written approval of such agency. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any person<\/span> who conducts any field investigation<\/span>, exploration, or recovery operation without first obtaining a permit pursuant to subsection A is guilty of a Class 1 misdemeanor<\/span>.\n\t\t\tAny person<\/span> who willfully misrepresents any information on an application for a permit pursuant to this section is guilty of a Class 1 misdemeanor<\/span>.\n\t\t\tAny person<\/span> who willfully misrepresents the results, information, or data collected during a permitted field investigation<\/span>, exploration, or recovery operation is guilty of a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPERMIT REQUIRED TO CONDUCT FIELD INVESTIGATIONS; OWNERSHIP OF OBJECTS OF\nANTIQUITY; PENALTY (\u00a7 10.1-2302)\n\nA. It is unlawful for any person to conduct any type of field investigation,\nexploration, or recovery operation involving the removal, destruction, or\ndisturbance of any object of antiquity on state-controlled land, or on a state\narchaeological site or zone, without first receiving a permit from the Director.\n\nB. The Director may issue a permit to conduct field investigations if the\nDirector determines that (i) it is in the best interest of the Commonwealth and\n(ii) the applicant has identified a field supervisor who is a qualified\nprofessional archaeologist and who meets or exceeds the following standards:\n\n 1. Holds a graduate degree in archaeology, anthropology, or a closely related\n field;\n\n 2. Has at least one year of full-time professional experience or equivalent\n specialized training in archaeological research, administration, or\n management;\n\n 3. Has at least four months of supervised field and analytic experience in\n general North American archaeology;\n\n 4. Has at least one year of full-time experience at a supervisory level in the\n study of archaeological resources of the prehistoric or historic period;\n\n 5. Has demonstrated an ability to carry research to completion;\n\n 6. Has demonstrated the knowledge, skills, and experience to complete the type\n of investigations proposed; and\n\n 7. Has an active membership in or affiliation with a recognized professional\n archaeological organization, such as the Register of Professional\n Archaeologists, the Council of Virginia Archaeologists, or a similar\n organization or institution with an established code of professional ethics\n and conduct and documented grievance procedures.\n \t\t\t\tIn determining whether the field supervisor meets such standards, the\n Director may consider the performance of the field supervisor on any prior\n permitted field investigation, exploration, or recovery operation.\n\nC. The permit shall require that all objects of antiquity that are recovered\nfrom state-controlled land shall be the exclusive property of the Commonwealth.\nTitle to some or all objects of antiquity that are discovered or removed from a\nstate archaeological site not located on state-controlled land may be retained\nby the owner of such land. All objects of antiquity that are discovered or\nrecovered on or from state-controlled land shall be retained by the\nCommonwealth, unless they are released to the applicant by the Director.\n\nD. All field investigations, explorations, or recovery operations undertaken\npursuant to a permit issued under this section shall be carried out under the\ngeneral supervision of the Director and in a manner to ensure that the maximum\namount of historic, scientific, archaeologic, and educational information may be\nrecovered and preserved in addition to the physical recovery of objects.\n\nE. If the field investigation described in the application is likely to\ninterfere with the activity of any state agency, no permit shall be issued\nunless the applicant has secured the written approval of such agency.\n\nF. Any person who conducts any field investigation, exploration, or recovery\noperation without first obtaining a permit pursuant to subsection A is guilty of\na Class 1 misdemeanor.\n\t\t\tAny person who willfully misrepresents any information on an application for\na permit pursuant to this section is guilty of a Class 1 misdemeanor.\n\t\t\tAny person who willfully misrepresents the results, information, or data\ncollected during a permitted field investigation, exploration, or recovery\noperation is guilty of a Class 1 misdemeanor.\n\nHISTORY: 1977, c. 424, \u00a7 10-150.5; 1984, c. 750; 1988, c. 891, \u00a7 10.1-903;\n1989, c. 656; 2020, c. 1106.","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}}