2013 Maryland Code
STATE FINANCE AND PROCUREMENT
§ 5A-341 - Submerged archaeological historic property -- Permits

(a) Required. -- Without a permit, a person may not excavate, remove, destroy, injure, deface, or disturb a submerged archaeological historic property on land over which the State has sovereign control.

(b) Exception to permit requirement -- In general. -- A person does not need a permit to inspect, study, explore, photograph, measure, record, or otherwise use and enjoy submerged archaeological historic property on land over which the State has sovereign control if the use or activity does not:

(1) involve the excavation, removal, destruction, injury, or disturbance of the submerged archaeological historic property or its immediate environment;

(2) endanger other persons or property; or

(3) violate any law.

(c) Exception to permit requirement -- Activities permitted by regulation. --

(1) Regulations under § 5A-340(e) of this subtitle shall provide that an individual does not need a permit to collect from submerged archaeological historic property a limited number of objects or materials recoverable by hand or with the use of screwdrivers, wrenches, or pliers.

(2) The State is not liable for injury or loss sustained by an individual engaged in activity authorized in accordance with paragraph (1) of this subsection.

(d) Exception to permit requirement -- Activities of Trust. -- The Trust does not need a permit to do anything for which a permit is required under this section, but shall obtain approval for the undertaking from the Board of Public Works.

(e) Program to issue and administer permits. -- The Trust shall establish a program for issuing and administering permits for activity that involves the removal, excavation, destruction, injury, or disturbance of submerged archaeological historic property on land over which the State has sovereign control.

(f) Exclusive permits. -- Subject to subsection (g) of this section, the Trust may issue to any person a permit granting an exclusive right to remove, excavate, destroy, injure, or disturb submerged archaeological historic property on land over which the State has sovereign control for the term and under the conditions that the Trust considers appropriate if:

(1) the Trust and the applicant for the permit have entered into an agreement under § 5A-340(c) of this subtitle; and

(2) the Trust determines that issuing the permit is in the best interest of the State and that the applicant for the permit has submitted a research plan that meets standards established by the Trust for:

(i) professional qualifications of the applicant and persons working under the permit;

(ii) techniques and methodology for the recovery and dissemination of data; and

(iii) proper conservation of information and materials.

(g) Limitation on issuance. -- The Trust may not issue a permit to a person that seeks title to part or all of submerged archaeological historic property, or to a person that seeks to use submerged archaeological historic property for commercial salvage or another income-producing purpose, unless:

(1) the applicant has provided the Trust with assurance acceptable to the Trust that the project will be carried out and completed in accordance with a research plan under subsection (f)(2) of this section; and

(2) the Trust finds that:

(i) the submerged archaeological historic property is threatened with imminent destruction or substantial damage by natural or human factors unrelated to the proposed commercial excavation or disturbance;

(ii) the submerged archaeological historic property is not of major scientific, archaeological, anthropological, historical, recreational, or other public value;

(iii) the proposed excavation or disturbance will be minor and will produce information relevant to the statewide comprehensive historic preservation plan prepared by the Trust under § 5A-318(c)(4) of this subtitle; or

(iv) the submerged archaeological historic property will not be excavated or disturbed by any other person in the foreseeable future and will remain submerged until it is excavated or disturbed.

(h) Fee. -- The Trust may charge a reasonable fee to issue a permit and may require an applicant or permit holder to pay for the cost of the Trust's review, administration, and supervision of the permit.

(i) Enforcement. -- The Director or the Director's designee may enforce this section and may:

(1) issue a summons for a violation of this section or of a permit issued under this section;

(2) seize objects or materials removed from a submerged archaeological historic property, if the removal took place without a permit on or after July 1, 1988, or if the removal was contrary to the terms of a permit; and

(3) revoke a permit on a finding that the permit was issued improperly or the terms of the permit have been violated.