                                 CODE OF VIRGINIA

PERMIT REQUIRED TO CONDUCT FIELD INVESTIGATIONS; OWNERSHIP OF OBJECTS OF
ANTIQUITY; PENALTY (§ 10.1-2302)

A. 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.

B. 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:

   1. Holds a graduate degree in archaeology, anthropology, or a closely related
   field;

   2. Has at least one year of full-time professional experience or equivalent
   specialized training in archaeological research, administration, or
   management;

   3. Has at least four months of supervised field and analytic experience in
   general North American archaeology;

   4. 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;

   5. Has demonstrated an ability to carry research to completion;

   6. Has demonstrated the knowledge, skills, and experience to complete the type
   of investigations proposed; and

   7. 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.
   				In 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. 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.

D. 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.

E. 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.

F. 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.
			Any person who willfully misrepresents any information on an application for
a permit pursuant to this section is guilty of a Class 1 misdemeanor.
			Any 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.

HISTORY: 1977, c. 424, § 10-150.5; 1984, c. 750; 1988, c. 891, § 10.1-903;
1989, c. 656; 2020, c. 1106.