2023 Delaware Code › Title 7 - Conservation › Chapter 53. ARCHAEOLOGICAL RESOURCES IN THE STATE › Subchapter II. Archaeological Resources in or on State Lands › § 5309. Permit application.

§ 5309. Permit application.
(a) Any qualified person may apply to the Division for a permit to conduct archaeological investigations on state lands. The application must contain information that the Division considers necessary, including information concerning the time, scope, location, specific purpose of the proposed work, and proposed disposition of recovered materials and associated records.
(b) The Division shall issue a permit pursuant to an application under subsection (a) of this section if the Division finds that:
(1) The applicant is qualified to carry out the permitted activity;
(2) The proposed activity is undertaken for the purpose of furthering archaeological knowledge in the public interest;
(3) The archaeological resources which are excavated or removed from state lands, including subaqueous lands, will remain the property of the State. Those resources and copies of associated archaeological records and data will be preserved by a qualified university, museum, or other scientific or educational institution, except as may be provided for under a shipwreck management program established pursuant to § 5316 of this title;
(4) The activity pursuant to the permit is not inconsistent with any management plan applicable to the state lands concerned; and
(5) The proposed activity will not interfere with archaeological investigations being conducted or planned by the Division.
(c) A permit may contain any terms, conditions, or limitations which the Division considers necessary to achieve the intent of the chapter in the best interest of the State. A permit must identify the person responsible for carrying out the archaeological investigation. The Division may set reasonable permit fees that approximate and reasonably reflect the costs necessary to defray the expenses of the Division for its services. Any fees collected by the Division under this section are hereby appropriated to the Division to carry out the purposes of this chapter.
(d) The Division may renew a permit upon or prior to expiration, upon such terms as the applicant and the Division may mutually agree. Holders of permits are responsible for obtaining permission of any federal agencies having jurisdiction, including but not limited to the United States Coast Guard, the United States Department of the Navy and the United States Army Corps of Engineers, and of state agencies having jurisdiction, including but not limited to the Department of Natural Resources and Environmental Control, prior to conducting any archaeological investigation on subaqueous or terrestrial state lands.
(e) The Division may suspend a permit issued under this chapter upon the determination that the permit holder has violated any provision of § 5312(a), (b), (c) or (d) of this title. The Division may revoke a permit upon the assessment of a civil penalty under § 5312(e) of this title against the permit holder, or upon the permit holder's conviction under § 5312(f) of this title. The Division may suspend or revoke a permit if the permit holder has not substantially commenced or is not diligently pursuing the archaeological investigation.
(f) Any permit applicant or permit holder may appeal the denial, suspension, or revocation of a permit by the Division. An appeal must be made to the Secretary and filed with the Secretary within 60 days from the issuance of the Division's decision. The appeal must be conducted in accordance with the Administrative Procedures Act, § 10101 et seq. of Title 29. If an appellant exhausts all administrative remedies, the appellant is entitled to judicial review in accordance with subchapter V of the Administrative Procedures Act [§ 10141 et seq. of Title 29].
75 Del. Laws, c. 153, §  2;