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Maryland Code, State Finance and Procurement § 5A-343

Current as of December 31, 2021 | Updated by FindLaw Staff

(a)(1) This section applies to all archaeological, prehistoric, and historic features found in any cave, including:

(i) all or any part of any burial grounds, historic or prehistoric ruins, and archaeological sites; and

(ii) relics, inscriptions, saltpeter workings, fossils, bones, and remains of historical human activity.

(2) Without a permit issued under this section, a person may not excavate, remove, destroy, injure, deface, or disturb features found in a cave.

(b) In accordance with §§ 5A-341 and 5A-342 of this subtitle, an individual trained in archaeology may apply for and be issued a permit to excavate or remove features described in subsection (a) of this section from or in a cave on land that the State owns or controls by rights under a lease, option contract, or purchase contract.

(c)(1) An individual may apply for a permit to excavate or remove archaeological, prehistoric, and historic features from a cave on privately owned land.

(2) An applicant for a permit shall:

(i) be trained in archaeology;

(ii) give the Trust a detailed statement of the purposes and objectives of the proposed excavation or removal;

(iii) agree to provide the Trust with information from and results of any excavation, study, or collection in accordance with the terms of the permit;

(iv) obtain the prior written consent of the owner of the land on which the excavation or removal will be conducted; and

(v) agree to carry the permit while conducting the excavation or removal authorized by the permit.

(3) A permit may be issued for a maximum term of 2 years and may be renewed.

(4) A permit is not transferable, but a person working under the direct supervision of the permit holder need not obtain a separate permit.

(d) Any object or material of archaeological, prehistoric, or historic value or interest found in a cave on privately owned land is the property of the owner of the land.

(e) If a person uses a cave for recreational or scientific purposes with the prior consent of and without a charge by the owner and sustains an injury, the owner and an authorized agent of the owner acting within the scope of the agent's authority are not liable for the injury.

(f) The Director and the Director's designee may enforce the provisions of this part relating to archaeological historic property found in caves in the same manner as provided in § 5A-341(i) of this subtitle for submerged archaeological historic property.

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Cite this article: FindLaw.com - Maryland Code, State Finance and Procurement § 5A-343 - last updated December 31, 2021 | https://codes.findlaw.com/md/state-finance-and-procurement/md-code-state-fin-and-proc-sect-5a-343/

Read this complete Maryland Code, State Finance and Procurement § 5A-343 on Westlaw

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