Protection of Archaeological Information

V.S.A. tit. 22, ch. 14, subch. 7

in effect

22 V.S.A. § 761 State Archaeologist; survey; protection of archaeological sites

761. State Archaeologist; survey; protection of archaeological sites (a) The State Historic Preservation Officer shall employ a State Archaeologist through the classified service who shall conduct and maintain a survey of sites of archaeological and anthropological specimens located within the State. The State Archaeologist shall make the survey available to agencies of the State government that, in his or her opinion, may conduct activities that may affect these archaeological or anthropological sites. (b) All information regarding the location of archaeological sites and underwater historic properties shall be confidential except that the State Archaeologist shall provide this information to qualified individuals or organizations, public agencies and nonprofit organizations for archaeological and scientific research or for preservation and planning purposes when the State Archaeologist determines that the preservation of these properties is not endangered. Added 1975, No. 109, § 4; amended 1989, No. 136 (Adj. Sess.), § 2; 1995, No. 46, § 45.

22 V.S.A. § 762 Field investigation

762. Field investigation The State reserves to itself the exclusive right of field investigation on sites owned or controlled by the State in order to protect and preserve archaeological and scientific information, matter, and objects. All information and objects deriving from State lands shall remain the property of the State and be utilized for scientific or public educational purposes. Added 1975, No. 109, § 4.

22 V.S.A. § 763 Designation of archaeological sites

763. Designation of archaeological sites The State Archaeologist, with the approval of the State Historic Preservation Officer, may publicly designate an archaeological site of significance to the scientific study or public representation of the State’s historical, prehistorical, or aboriginal past as a “State archaeological landmark.” All State agencies administering State-owned lands containing State archaeological landmarks shall cooperate to ensure the protection of these landmarks. State archaeological landmarks located on privately owned land shall not be designated without the written consent of the owner. Upon designation of an archaeological site, the private owner or affected State agency shall be given written notice of the designation by the State Archaeologist. Once so designated, no person may conduct field activities without first securing a permit from the State Historic Preservation Officer and complying with the provisions of section 762 of this title. Added 1975, No. 109, § 4; amended 1995, No. 46, § 46.

22 V.S.A. § 764 Permits for exploration

764. Permits for exploration The State Historic Preservation Officer, with the advice of the State Archaeologist, may issue permits for exploration and field investigations to be undertaken on State lands or within the boundaries of designated State archaeological landmarks to an amateur or professional whom the State Historic Preservation Officer deems properly qualified to conduct the activity, subject to such rules as the Division may prescribe, with a view toward disseminating the knowledge gained through the State Historic Preservation Officer’s activities; and, provided that a summary report of the undertakings, containing relevant maps, documents, drawings, and photographs be submitted to the Division; and, provided further, that all specimens so collected under permit shall be the permanent property of the State and that the State Archaeologist shall make prior arrangements for the disposition of specimens derived from the activities in an appropriate institution of the State or for the loan of the specimens to qualified institutions in or out of the State. Added 1975, No. 109, § 4; amended 2001, No. 35, § 5; 2023, No. 85 (Adj. Sess.), § 254, eff. July 1, 2024.

22 V.S.A. § 765 Transfer of State property

765. Transfer of State property When transferring real property under its jurisdiction that contains significant archaeological, aboriginal, or other anthropological resources, the State, may, upon the recommendation of the State Historic Preservation Officer, with the advice of the State Archaeologist, condition the transfer upon such covenants, deed restrictions, or other contractual arrangements as will limit the future use of the property in such a way as will protect those resources. Added 1975, No. 109, § 4; amended 1995, No. 46, § 47.

22 V.S.A. § 766 Reservation of lands to be sold

766. Reservation of lands to be sold Upon written notice to the head of a State agency administering State lands, given by the State Historic Preservation Officer, with the advice of the State Archaeologist, the agency head shall reserve from sale any State lands, including lands forfeited to the State for nonpayment of taxes, on which sites or artifacts are located or may be found, as designated by the State Archaeologist under section 763 of this title; provided, however, that the reservation of the lands from sale may be confined to the actual location of the site or artifacts. When the sites or artifacts have been explored, excavated, or otherwise examined to the extent desired by the State Archaeologist, he or she shall then file with the agency head a statement releasing the lands and permitting their sale. Added 1975, No. 109, § 4; amended 1995, No. 46, § 48.

22 V.S.A. § 767 Cooperation between agencies

767. Cooperation between agencies All State agencies, departments, institutions, and commissions, as well as all municipalities, shall cooperate fully with the State Archaeologist in the preservation, protection, excavation, and evaluation of specimens and sites; and to that end: (1) When any State, regional, or municipal agency finds or is made aware by an appropriate historical or archaeological authority that its operation in connection with any State, State-assisted, State-licensed, or contracted project, activity, or program adversely affects or may adversely affect scientific, historical, or archaeological data, the agency shall notify the State Archaeologist and shall provide him or her with information concerning the project, program, or activity. The provisions of this chapter shall be made known to contractors by the State agencies doing the contracting. (2) The State Archaeologist, upon notification or determination that scientific, historical, or archaeological data, including specimens, is or may be adversely affected, shall, after reasonable notice to the responsible agency, conduct or cause to be conducted a survey and other investigations to recover and preserve or otherwise protect such data, including analysis and publication, that in its opinion should be recovered in the public interest. (3) The Division shall initiate actions within 60 days following notification under subdivision (1) of this subsection and within such time as agreed upon in other cases. The responsible agency is authorized and directed to expend agency funds for the purpose of recovering the data, including analysis and publications, and the costs shall be included as part of the contractor’s costs if the adverse effect is caused by work being done under contract to a State agency. Added 1975, No. 109, § 4; amended 2023, No. 85 (Adj. Sess.), § 255, eff. July 1, 2024.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/22/014Fetched: 10/21/2026