2013 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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