Question about digging laws....

[wildcatman71]

Ok....I have heard it both ways.... I see a lot of people on here that talk about digging. I know its illegal to dig burial sites....but is it legal to dig on private property?? I have been told you cant did at all....and I have been told you can...but if you find bones...you either report or get the hell outta there. What is the truth?? I live in Indiana....but I am wanting to dig in Kentucky. Thanks for any info you can give!

 

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[Lone Star]

I dig whenever I can, but don't know squat about other states. I do know collecting and of course digging are out of the question on any municiple, state or federal property. We usually lease digging rites quietly on private land. Some states with heavy liberal leanings tend to tie up those possabilities and preform witch hunts to rid collectors and the hobbiest. You need to remember not every campsite is a graveyard. There's probably a few graves scattered around the camp area, and not every group will park their teepee over aunt milly and uncle earnie. G

 

[joshuaream]

Having lived in both states, here is my interpretation of the laws...

Don't do it in Indiana, even on private land... There is no scenario where it is 100% legal to dig for artifacts in Indiana without a permit... And getting a permit isn't going to happen unless you are affiliated with a University or another academic institution. Depending on the day of the week it's not even easy for out of state CRM firms (private archaeologists paid for by developers, etc. to check projects) to get permits.

http://www.in.gov/dnr/historic/files/lawqa.pdf


The laws are more open in Kentucky. On private land you should be good, but avoid caves unless you have written permission from the deeded owner and request a permit from the state archaeologist... (I actually know some people who have applied and received a permit, so it's possible.) People might argue the permit aspect of it, but it's what's written into the legal code... I don't know that it's being enforced on private land, and the penalty is set at $250 or $500 for a violation so a lot of people just ignore it.

Code Book: Kentucky Revised Statutes
Citation: §433.873
Section Title: Wrongful disturbance or damage to cave surfaces or material found therein
Summary:

(1)(e) Prohibits a person, without the express, prior written permission of the owner, from willfully and knowingly excavating, removing, destroying, injuring, defacing or disturbing any burial grounds, historic or prehistoric resources, archeological or paleontological site, including fossils, bones, relics, inscriptions, saltpeter works, remains of historical human activity or any other such features that may be found in any cave, except those caves owned by the commonwealth or designated as commonwealth archeological sites or zones and are subject to the provisions of §164.705 through §164.735.


433.879 Excavation permits -- Requirements -- Supervision by state archaeologist and Kentucky Heritage Council.

(1) 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.

(2) 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.

(3) 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.

 

[wildcatman71]

Thank you very much!!!