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2005 LAWS OF MARYLAND
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Ch. 440
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5A-341.
(c) (1) Regulations under [§ 5-440(e)] § 5A-340(E) of this subtitle shall
provide that an individual does not need a permit to collect from submerged
archaeological historic property a limited number of objects or materials recoverable
by hand or with the use of screwdrivers, wrenches, or pliers.
(f) Subject to subsection (g) of this section, the Trust may issue to any person
a permit granting an exclusive right to remove, excavate, destroy, injure, or disturb
submerged archaeological historic property on land over which the State has
sovereign control for the term and under the conditions that the Trust considers
appropriate if:
(1) the Trust and the applicant for the permit have entered into an
agreement under [§ 5-440(c)] § 5A-340(C) of this subtitle; and
(g) The Trust may not issue a permit to a person that seeks title to part or all
of submerged archaeological historic property, or to a person that seeks to use
submerged archaeological historic property for commercial salvage or another
income-producing purpose, unless:
(2) the Trust finds that:
(iii) the proposed excavation or disturbance will be minor and will
produce information relevant to the statewide comprehensive historic preservation
plan prepared by the Trust under [§ 5-418(c)(4)] § 5A-318(C)(4) of this subtitle; or
5A-342.
(f) The Director or the Director's designee may enforce the provisions of this
subtitle relating to terrestrial archaeological historic property in the same manner as
provided in [§ 5-441(i)] § 5A-341(I) of this subtitle for submerged archaeological
historic property.
5A-343.
(b) In accordance with [§§ 5-441 and 5-442] §§ 5A-341 AND 5A-342 of this
subtitle, an individual trained in archaeology may apply for and be issued a permit to
excavate or remove features described in subsection (a) of this section from or in a
cave on land that the State owns or controls by rights under a lease, option contract,
or purchase contract.
(f) The Director and the Director's designee may enforce the provisions of this
part relating to archaeological historic property found in caves in the same manner as
provided in [§ 5-441(i)] § 5A-341(I) of this subtitle for submerged archaeological
historic property.
5A-346.
(a) (1) A person who violates [§ 5-439, § 5-441, § 5-442, or § 5-443] §
5A-339, § 5A-341, § 5A-342, OR § 5A-343 of this subtitle, or a regulation adopted under
any of those sections is guilty of a misdemeanor and on conviction is subject to
imprisonment not exceeding 30 days or a fine not exceeding $1,000 or both.
- 2054 -
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