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34.04.03.00.htm 34.04.03.00. Title 34 DEPARTMENT OF PLANNING Subtitle 04 HISTORICAL AND CULTURAL PROGRAMS Chapter 03 Protection of Submerged Archeological Historic Property State Finance and Procurement Article, §5A-301, 5A-339, 5A-340, and 5A-341, Annotated Code of Maryland
34.04.03.01.htm 34.04.03.01. 01 General.. A. Scope.. 1) These regulations govern activities designated in Chapter 503 of the Acts of the General Assembly of 1988 known as the Submerged Archaeological Historic Property Act and codified within State Finance and Procurement Article, Title 5A, Subtitle 3, Annotated Code of Maryland. This act authorized the Maryland Historical Trust to establish a program for the issuance and administration of permits for certain activities relating to submerged archeol
34.04.03.02.htm 34.04.03.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Act" means State Finance and Procurement Article, §5A-333―5A-346, Annotated Code of Maryland, and more specifically, State Finance and Procurement Article, §5A-301, 5A-334, 5A-339, 5A-340, and 5A-341, Annotated Code of Maryland.2) "Applicant" means a person who has applied for a permit under these regulations.. 3) "Artifact" means any object or assemblage of ob
34.04.03.03.htm 34.04.03.03. 03 Activities Not Requiring Permit.. A. Access Without Permit. A person may inspect, study, explore, photograph, measure, record, conduct a reconnaissance survey, or otherwise use and enjoy a submerged archeological historic property without being required to obtain a permit if the use or activity does not:1) Involve excavation, destruction, or substantive injury of the historic property or its immediate environment;2) Endanger other persons or property; or.
34.04.03.04.htm 34.04.03.04. 04 Application for Permit.. A. Activity Requiring Permit. A person may not excavate, destroy, or substantively injure submerged archeological historic property without a permit from the Trust.B. Waiver. If the activity by its nature is one that is subject to federal or State review under §106 of the National Historic Preservation Act, 16 U.S.C. §470―470t, or State Finance and Procurement Article, §5A-325 and 5A-326, Annotated Code of Maryland, and the person is c
34.04.03.05.htm 34.04.03.05. 05 Consideration of Permit Applications.. A. Discretionary Issuance of Permits. At its discretion, the Trust may approve or deny the issuance of permits under these regulations.B. Criteria. The Trust shall consider at least the following criteria when determining whether to issue a permit:1) The degree of archeological, anthropological, historical, or scientific importance of the proposed property;2) The date the application was received by the Trust in order to give prio
34.04.03.06.htm 34.04.03.06. 06 Issuance of Permits; Conditional Approval; Denial and Reconsideration.. A. Types of Permits.. 1) The Trust may issue an intensive survey permit or a data recovery permit. A permit is exclusive to the applicant so that, for the duration of the permit and any applicable exclusive interest period, the Trust may not issue a permit to any other person for the same location.2) An intensive survey permit may be issued to an applicant to carry out an intensive survey for the purpose of:
34.04.03.07.htm 34.04.03.07. 07 Specific Permit Provisions.. A. Required Provisions. A permit issued by the Trust shall contain at least the following specific provisions:1) The duration of the permit;. 2) The boundaries of the area in which permitted activity will be undertaken;. 3) A description of the scope of permitted activity to be undertaken by the permittee, and, if a data recovery permit, a description of the artifacts expected to be recovered;4) A listing of the key personnel, including the f
34.04.03.08.htm 34.04.03.08. 08 General Permit Provisions.. A. A permit issued by the Director also shall contain the following general terms and provisions in §B―R of this regulation.B. Personnel.. 1) The assignment of additional personnel or any change in the personnel from that scheduled in the application to perform the permitted activity is subject to prior approval by the Trust to assure that the overall qualifications of the permittee are consistent with those originally considered by th
34.04.03.09.htm 34.04.03.09. 09 Special Conditions for Intensive Survey Permits.. A. Conditions in Addition to General Conditions. The conditions set forth in this regulation for intensive survey permits are applicable in addition to the terms and conditions for all permits set forth in Regulations .06―08 of this chapter.B. Restrictions; Renewal of Permit; Reservation of Interest.. 1) The Trust may issue an intensive survey permit for up to a defined 1 square mile area.. 2) An applicant may not b
34.04.03.10.htm 34.04.03.10. 10 Special Conditions for Data Recovery Permits.. A. Conditions in Addition to General Conditions. The conditions set forth in this regulation for data recovery permits are applicable in addition to the general terms and conditions for all permits set forth in Regulations .06―08 of this chapter.B. Restrictions; Renewal of Permit.. 1) The Trust may issue a data recovery permit for a single submerged archeological historic property within a defined area of submerged lands not larg
34.04.03.11.htm 34.04.03.11. 11 Modification of Permit Provisions.. Upon the request of the permittee, or if considered necessary by the Trust, the Trust may issue a modification to the permit that can add, delete, or modify provisions contained in the permit if the modification is consistent with the Act and these regulations.
34.04.03.12.htm 34.04.03.12. 12 Disposition of Artifacts ― Conveyance of Title.. A. General. The Trust may determine that with respect to a particular application for a data recovery permit under Regulation .10 of this chapter, it is in the best interest of the State to do any of the following, or a combination of any of the following:1) Retain the State's title and control of recovered submerged archeological historic property;. 2) Enter into a disposition agreement and convey the State's title to recov
34.04.03.13.htm 34.04.03.13. 13 Activity by the Trust.. A. A permit is not required of the Trust for any undertaking otherwise requiring a permit under these regulations. Before initiating any undertaking, the Trust shall obtain approval from the Secretary and the Board.B. For activities which do not constitute an undertaking as defined in Regulation .02B(41) of this chapter, the Trust shall:1) Obtain the Secretary's approval before initiation of the activity; and.
34.04.03.14.htm 34.04.03.14. 14 State Submerged Artifact Register.. A. Establishment of Register.. 1) The Trust shall establish a State Submerged Artifact Register for the registration and recordation of artifacts recovered from the State's submerged lands which the Trust considers to be of significant scientific, archeological, anthropological, historical, recreational, or other public value.2) The Register shall be available to the public and shall contain at least a description of the art
34.04.03.15.htm 34.04.03.15. 15 Permit Violations.. A. Suspension of Permit.. 1) The Trust may suspend operations under a permit at any time for just cause if there is reason to believe that the terms and provisions of a permit or other applicable law or regulation are being violated.2) The suspension may become effective immediately if the Director or the State Underwater Archeologist:a) Makes the determination referred to in §A(1) of this regulation;.
34.04.03.16.htm 34.04.03.16. 16 Special Provisions and Procedures.. A. Submerged Graves.. 1) If, in the course of activity permitted under these regulations, a person discovers human remains, an apparent grave site, or a war grave, the person shall do the following:a) Leave the remains undisturbed unless the remains are associated with a person who died in the course of diving operations;b) Immediately notify the appropriate law enforcement authorities and the State Underwater Archeologist or a representative o
34.04.03.17.htm 34.04.03.17. 17 General Provisions.. A. Public Information.. 1) Right to Retain Data.. a) Subject to the provisions of the Maryland Public Information Act, State Government Article, §10-611―10-628, Annotated Code of Maryland, the Trust reserves the right to retain and distribute for research or educational purposes data provided to the Trust under these regulations.b) The Trust may not release any data pertaining to the location where objects were found or collected without the consent of
34.04.03.9999.htm 34.04.03.9999. Administrative History Effective date: January 2, 1993 (19:26 Md. R. 2284). Chapter recodified from COMAR 05.08.03 to COMAR 34.04.03.
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