                                 CODE OF VIRGINIA

PERMITS FOR EXCAVATION AND SCIENTIFIC INVESTIGATION; HOW OBTAINED; PENALTIES (§
10.1-1003)

A. In addition to the written permission of the owner required by &#xA7;
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 &#xA7;
2.2-401.01, the Department shall consult with any federally recognized Tribal
Nation in the Commonwealth pursuant to &#xA7; 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. 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.

C. A person applying for a permit pursuant to this section shall:

   1. 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.

   2. 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.

   3. Provide data and results of any completed excavation, study, or collection
   at the first of each calendar year.

   4. Obtain the prior written permission of the owner if the site of the
   proposed excavation is on privately owned land.

   5. Carry the permit while exercising the privileges granted.

D. 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.

E. The provisions of this section shall not apply to any person in any cave
located on his own property.

HISTORY: 1979, c. 252, § 10-150.16; 1982, c. 81; 1984, c. 750; 1988, c. 891;
1989, c. 656; 2024, c. 830.