{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-2305.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-2305.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-2305.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-2305.html"}],"law_id":77363,"edition_id":1,"section_id":77363,"structure_id":15067,"section_number":"10.1-2305","catch_line":"Permit required for the archaeological excavation of human remains","history":"1989, c. 656; 2024, c. 830.","full_text":"A\n\nIt is unlawful for any person to conduct any type of archaeological field investigation involving the removal of human skeletal remains or associated artifacts from any unmarked human burial regardless of age of an archaeological site and regardless of ownership without first receiving a permit from the Director.B\n\nWhere unmarked burials are not part of a legally chartered cemetery, archaeological excavation of such burials pursuant to a permit from the Director shall be exempt from the requirements of §§ 57-38.1 and 57-39. However, such exemption shall not apply in the case of human burials within formally chartered cemeteries that have been abandoned.C\n\nThe Department shall be considered an interested party in court proceedings considering the abandonment of legally constituted cemeteries or family graveyards with historic significance. A permit from the Director is required if archaeological investigations are undertaken as a part of a court-approved removal of a cemetery.D\n\nThe Board shall promulgate regulations implementing this section that provide for appropriate public notice prior to issuance of a permit, provide for appropriate treatment of excavated remains, the scientific quality of the research conducted on the remains, and the appropriate disposition of the remains upon completion of the research. Such regulations shall also require consultation with any federally recognized Tribal Nations in the Commonwealth pursuant to § 10.1-2205.1. When a burial permit would result in the disturbance of a burial site of an individual that has a cultural affiliation with a particular federally recognized Tribal Nation in the Commonwealth, the Department shall consult and seek consensus with such federally recognized Tribal Nation in the Commonwealth in the consideration and drafting of the permit document. The Department may carry out such excavations and research without a permit, provided that it has complied with the substantive requirements of the regulations promulgated pursuant to this section.E\n\nAny interested party may appeal the Director’s decision to issue a permit or to act directly to excavate human remains to the local circuit court. Such appeal must be filed within 14 days of the Director’s decision.F\n\nFor the purposes of this section, “cultural affiliation” has the same definition as provided in 25 U.S.C. § 3001(2) of the federal Native American Graves Protection and Repatriation Act (25 U.S.C. § 3001 et seq.) and its regulations. If doubt exists as to cultural affiliation, the federally recognized Tribal Nations in the Commonwealth with potential cultural affiliation shall make the determination.","order_by":null,"text":{"0":{"id":277475,"text":"It is unlawful for any person to conduct any type of archaeological field investigation involving the removal of human skeletal remains or associated artifacts from any unmarked human burial regardless of age of an archaeological site and regardless of ownership 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":277476,"text":"Where unmarked burials are not part of a legally chartered cemetery, archaeological excavation of such burials pursuant to a permit from the Director shall be exempt from the requirements of §§ 57-38.1 and 57-39. However, such exemption shall not apply in the case of human burials within formally chartered cemeteries that have been abandoned.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":277477,"text":"The Department shall be considered an interested party in court proceedings considering the abandonment of legally constituted cemeteries or family graveyards with historic significance. A permit from the Director is required if archaeological investigations are undertaken as a part of a court-approved removal of a cemetery.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":277478,"text":"The Board shall promulgate regulations implementing this section that provide for appropriate public notice prior to issuance of a permit, provide for appropriate treatment of excavated remains, the scientific quality of the research conducted on the remains, and the appropriate disposition of the remains upon completion of the research. Such regulations shall also require consultation with any federally recognized Tribal Nations in the Commonwealth pursuant to § 10.1-2205.1. When a burial permit would result in the disturbance of a burial site of an individual that has a cultural affiliation with a particular federally recognized Tribal Nation in the Commonwealth, the Department shall consult and seek consensus with such federally recognized Tribal Nation in the Commonwealth in the consideration and drafting of the permit document. The Department may carry out such excavations and research without a permit, provided that it has complied with the substantive requirements of the regulations promulgated pursuant to this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":277479,"text":"Any interested party may appeal the Director’s decision to issue a permit or to act directly to excavate human remains to the local circuit court. Such appeal must be filed within 14 days of the Director’s decision.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":277480,"text":"For the purposes of this section, “cultural affiliation” has the same definition as provided in 25 U.S.C. § 3001(2) of the federal Native American Graves Protection and Repatriation Act (25 U.S.C. § 3001 et seq.) and its regulations. If doubt exists as to cultural affiliation, the federally recognized Tribal Nations in the Commonwealth with potential cultural affiliation shall make the determination.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-2305\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapter 656 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 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 2024, chapter 830<\/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\/"}],"refers_to":[{"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":67509,"section_number":"57-38.1","catch_line":"Proceedings by landowner for removal of remains from previously unidentified or abandoned family graveyard","order_by":null,"url":"\/57-38.1\/"},{"id":54311,"section_number":"57-39","catch_line":"Proceedings for removal of remains and sale of land vacated","order_by":null,"url":"\/57-39\/"}],"permalink":{"id":147061,"object_type":"law","relational_id":77363,"identifier":"10.1-2305","token":"10.1\/III\/23\/10.1-2305","url":"\/10.1-2305\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-2305\/","token":"10.1\/III\/23\/10.1-2305","dublin_core":{"Title":"Permit required for the archaeological excavation of human remains","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-2305","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 archaeological field investigation<\/span> involving the removal of human skeletal remains or associated artifacts from any unmarked human burial regardless of age of an archaeological site<\/span> and regardless of ownership without first receiving a permit from the Director<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Where unmarked burials are not part of a legally chartered cemetery, archaeological excavation of such burials pursuant to a permit from the Director<\/span> shall be exempt from the requirements of §§ 57-38.1<\/a> and 57-39<\/a>. However, such exemption shall not apply in the case of human burials within formally chartered cemeteries that have been abandoned. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Department<\/span> shall be considered an interested party<\/span> in court<\/span> proceedings considering the abandonment of legally constituted cemeteries or family graveyards with historic significance. A permit from the Director<\/span> is required if archaeological investigations are undertaken as a part of a court<\/span>-approved removal of a cemetery. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Board<\/span> shall promulgate regulations implementing this section that provide for appropriate public notice prior to issuance of a permit, provide for appropriate treatment of excavated remains, the scientific quality of the research conducted on the remains, and the appropriate disposition<\/span> of the remains upon completion of the research. Such regulations shall also require consultation with any federally recognized Tribal Nations in the Commonwealth pursuant to § 10.1-2205.1<\/a>. When a burial permit would result in the disturbance of a burial site<\/span> of an individual that has a cultural affiliation with a particular federally recognized Tribal Nation in the Commonwealth, the Department<\/span> shall consult and seek consensus with such federally recognized Tribal Nation in the Commonwealth in the consideration and drafting of the permit document. The Department<\/span> may carry out such excavations and research without a permit, provided that it has complied with the substantive requirements of the regulations promulgated pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any interested party<\/span> may appeal<\/span> the Director<\/span>’s decision to issue<\/span> a permit or to act directly to excavate human remains to the local circuit<\/span> court<\/span>. Such appeal<\/span> must be filed within 14 days of the Director<\/span>’s decision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> For the purposes of this section, “cultural affiliation” has the same definition as provided in 25 U.S.C. § 3001(2) of the federal Native American Graves Protection and Repatriation Act (25 U.S.C. § 3001 et seq.) and its regulations. If doubt exists as to cultural affiliation, the federally recognized Tribal Nations in the Commonwealth with potential cultural affiliation shall make the determination. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPERMIT REQUIRED FOR THE ARCHAEOLOGICAL EXCAVATION OF HUMAN REMAINS (\u00a7\n10.1-2305)\n\nA. It is unlawful for any person to conduct any type of archaeological field\ninvestigation involving the removal of human skeletal remains or associated\nartifacts from any unmarked human burial regardless of age of an archaeological\nsite and regardless of ownership without first receiving a permit from the\nDirector.\n\nB. Where unmarked burials are not part of a legally chartered cemetery,\narchaeological excavation of such burials pursuant to a permit from the Director\nshall be exempt from the requirements of §§ 57-38.1 and 57-39.\nHowever, such exemption shall not apply in the case of human burials within\nformally chartered cemeteries that have been abandoned.\n\nC. The Department shall be considered an interested party in court proceedings\nconsidering the abandonment of legally constituted cemeteries or family\ngraveyards with historic significance. A permit from the Director is required if\narchaeological investigations are undertaken as a part of a court-approved\nremoval of a cemetery.\n\nD. The Board shall promulgate regulations implementing this section that provide\nfor appropriate public notice prior to issuance of a permit, provide for\nappropriate treatment of excavated remains, the scientific quality of the\nresearch conducted on the remains, and the appropriate disposition of the\nremains upon completion of the research. Such regulations shall also require\nconsultation with any federally recognized Tribal Nations in the Commonwealth\npursuant to § 10.1-2205.1. When a burial permit would result in the\ndisturbance of a burial site of an individual that has a cultural affiliation\nwith a particular federally recognized Tribal Nation in the Commonwealth, the\nDepartment shall consult and seek consensus with such federally recognized\nTribal Nation in the Commonwealth in the consideration and drafting of the\npermit document. The Department may carry out such excavations and research\nwithout a permit, provided that it has complied with the substantive\nrequirements of the regulations promulgated pursuant to this section.\n\nE. Any interested party may appeal the Director’s decision to issue a\npermit or to act directly to excavate human remains to the local circuit court.\nSuch appeal must be filed within 14 days of the Director’s decision.\n\nF. For the purposes of this section, “cultural affiliation” has the\nsame definition as provided in 25 U.S.C. § 3001(2) of the federal Native\nAmerican Graves Protection and Repatriation Act (25 U.S.C. § 3001 et seq.)\nand its regulations. If doubt exists as to cultural affiliation, the federally\nrecognized Tribal Nations in the Commonwealth with potential cultural\naffiliation shall make the determination.\n\nHISTORY: 1989, 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}}