Sec. 82-3-1 - General

§ 82-3-1. General

1.1. Scope. -- This legislative rule establishes the procedures by which permits are issued for the excavation of historic and prehistoric ruins and archaeological sites; burial grounds, human skeletal remains and unmarked graves; and the removal or alteration of grave markers. Additionally, it establishes the method by which property tax exemptions for unmarked graves are determined and the methods for disposing of skeletal remains and associated artifacts claimed by descendents and those remains and artifacts not claimed. Not included within the scope of this legislative rule are collections of artifacts from historic or prehistoric ruins, burial grounds, archaeological sites or unmarked graves acquired prior to the effective date of H.B. 4752, June 8, 1990 or of artifacts collected from the surface of the ground through surface survey or activities undertaken in compliance with the federal Archaeological Resources Protection Act (Public Law 96-95 at 16 USC 470(aa)) and regulations promulgated thereunder and projects being undertaken in compliance with § 106 of the National Historic Preservation act of 1966, as amended, or W. Va. Code § 29-1-5(a).

1.2. Authorization. -- W. Va. Code § 29-1-8(d).

1.3. Filing Date. -- April 5, 1994.

1.4. Effective Date. -- April 5, 1994.

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