2012 Kentucky Revised Statutes CHAPTER 433 OFFENSES AGAINST PROPERTY BY FORCE 433.879 Excavation permits -- Requirements -- Supervision by state archaeologist and Kentucky Heritage Council.
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433.879 Excavation permits -- Requirements -- Supervision by state archaeologist
and Kentucky Heritage Council.
(1)
(2)
(3)
In addition to the written permission of the owner required by KRS 433.873(1), a
person shall also obtain a permit from the state archaeologist prior to excavating or
removing any archaeological, paleontological, prehistoric or historic feature of any
cave. The state archaeologist shall issue a permit to excavate or remove such a
feature if he finds that it is in the best interest of the Commonwealth and that the
applicant meets the criteria of this section and is an historic, scientific or
educational institution, professional archaeologist or amateur who is qualified and
recognized in the areas of field investigations or archaeology. The permit shall be
issued for a period of two (2) years and may be renewed upon expiration. The
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.
All field investigations, explorations or recovery operations undertaken under this
section shall be carried out under the general supervision of the state archaeologist
and the Kentucky Heritage Council 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.
A person applying for a permit pursuant to this section shall:
(a) Have knowledge of archaeology, paleontology or history as qualified in
subsection (1) of this section;
(b) Provide a detailed statement to the state archaeologist giving the reasons and
objectives for excavation or removal and the benefits expected to be obtained
from the contemplated work;
(c) Provide data and results of any completed excavation, study, or collection at
the first of each calendar year;
(d) Obtain the prior written permission of the owner if the site of the proposed
excavation is on privately owned land; and
(e) Carry the permit while exercising the privileges granted.
Effective: July 15, 1988
History: Created 1988 Ky. Acts ch. 168, sec. 5, effective July 15, 1988.
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