West Virginia Code § 20-7A-5

Archaeology; permits for excavation; how obtained; prohibitions;
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penalties.
(a) No person may excavate, remove, destroy, injure or deface any historic or prehistoric
ruins, burial grounds, archaeological or paleontological site including saltpeter workings,
relics or inscriptions, fossilized footprints, bones or any other such features which may be
found in any cave. e
(b) Notwithstanding the provisions of subsection (a) of this section, a permit to excavate or
remove archaeological, paleontological, prehistoric and historic features may be obtained
from the director of natural resources. Such permit shall be issuued for a period of two years
and may be renewed at expiration. It is not transferable but this does not preclude persons
from working under the direct supervision of the person holdting the permit: Provided, That
the director shall take final action upon all completed permit applications within thirty days
of receipt if the application is uncontested, or within ninety days if the application is
contested.
A person applying for such a permit must: s
(1) Provide a detailed statement to the direictor of natural resources giving the reasons and
objectives for excavation or removalg and the benefits expected to be obtained from the
contemplated work.
(2) Provide data and results of any completed excavation, study or collection at the first of
each calendar year.
(3) Obtain the prior written permission of the director of natural resources if the site of the
proposed excavation is on state-owned lands and prior written permission of the owner if the
site of such prVoposed excavation is on privately owned land.
(4) Carry the permit while exercising the privileges granted.
A person who violates any provision of subsection (a) of this section shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not less than $100 nor more than
$500, and may be imprisoned in the county jail for not less than ten days nor more than six
months. A person who violates any of the provisions of subsection (b) of this section shall be
guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $100 nor
more than $500, and the permit herein authorized shall be revoked.

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