Prohibited Acts as to Archeological, Aboriginal, Prehistoric, or Historic Sites; Notification of State Archeologist Before Beginning Investigation or Disturbance of Site; Penalty

  1. Law
  2. Georgia Code
  3. Conservation and Natural Resources
  4. Parks, Historic Areas, Memorials, and Recreation
  5. Protection of Archeological, Aboriginal, Prehistoric, and Historic Sites
  6. Prohibited Acts as to Archeological, Aboriginal, Prehistoric, or Historic Sites; Notification of State Archeologist Before Beginning Investigation or Disturbance of Site; Penalty

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  1. It shall be unlawful for any person or entity not operating under the provisions of Section 106 of the National Historic Preservation Act, as amended, or the express written permission of the owner willfully or knowingly to:
    1. Dig, probe, break, crack, carve upon, write upon, burn, or otherwise mark upon, remove, or in any manner destroy, disturb, deface, mar, or harm the structures, features, surfaces, or contents of archeological, aboriginal, prehistoric, or historic sites; provided, however, that except for human remains and burial objects, this paragraph shall not apply to the collecting of artifacts exposed on the surface of dry land;
    2. Disturb or alter in any manner the prevailing condition of any archeological, aboriginal, prehistoric, or historic site; provided, however, that except for human remains and burial objects, this paragraph shall not apply to the collecting of artifacts exposed on the surface of dry land;
    3. Break, force, tamper with, or otherwise disturb a lock, gate, door, or other obstruction designed to control or prevent access to any area containing an archeological, aboriginal, prehistoric, or historic site or artifacts, even though entrance thereto may not be gained; or
    4. Enter an archeological, aboriginal, prehistoric, or historic site posted against trespassing or a site with a lock, gate, door, or other obstruction designed to control or prevent access to the site.
  2. When the surface of any archeological, aboriginal, prehistoric, or historic site is disturbed by a person not documented as operating under the provisions of Section 106 of the National Historic Preservation Act, as amended, for the purpose of investigating the site or discovering artifacts with the written permission of the landowner, such person shall notify the state archeologist before beginning any such investigation or disturbance. The state archeologist shall maintain a web site and telephone hot line, available at all times, for the purpose of receiving notice in such form as shall be specified by policy of the department. The state archeologist shall immediately notify the Council on American Indian Concerns created by Code Section 44-12-280 of any such investigation that might involve American Indian human remains or burial objects. The state archeologist shall make available to the council any information pertaining to investigations conducted pursuant to Section 106 of the National Historic Preservation Act, as amended.
  3. Possession of any archeological artifact collected on or after July 1, 2001, without the written permission of the owner of the land from which the artifact was removed shall be prima-facie evidence that the archeological artifact was taken in violation of this chapter. As to archeological artifacts unlawfully in the possession of any person or entity, same shall be confiscated and held by the appropriate law enforcement official(s) and shall be returned by said official(s) to the property owner from whose property the artifacts were improperly removed.
  4. Any person who violates any provision of subsection (a) or (b) of this Code section shall be guilty of a misdemeanor.

(Code 1981, §12-3-621, enacted by Ga. L. 1992, p. 1790, § 2; Ga. L. 2001, p. 313, § 1; Ga. L. 2007, p. 166, § 1/HB 177.)

Cross references.

- State archeologist, § 12-3-53.

Council on American Indian Concerns, § 44-12-280.

U.S. Code.

- Section 106 of the National Historic Preservation Act, referred to in subsection (b), is codified at 16 U.S.C. § 470f.

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting.

- Georgia Crime Information Center is authorized to collect and file fingerprints of persons charged with a violation of O.C.G.A. § 12-3-621. 2001 Op. Att'y Gen. No. 2001-11.


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