Louisiana Administrative Code
Title 25 - CULTURAL RESOURCES
Part I - Office of Cultural Development
Chapter 1 - Division of Archeology
Subchapter C - Registry
Section I-149 - Landmarks-Private Lands
Universal Citation: LA Admin Code I-149
Current through Register Vol. 50, No. 9, September 20, 2024
A. Any prehistoric or historic site defined by R.S. 41:1607(1) and located upon private lands may be designated a state archaeological landmark provided that prior to entering such designation in the registry, the commission first secures the voluntary written permission of the landowner or landowners to do so. The agreement of consent will vary according to specific circumstances, but in general it will contain the provisions suggested in the following outline.
1. The geographic limits of the proposed
landmark will be described in a manner sufficient to locate the site upon the
ground.
2. There will be a
statement to clarify that landowner consent for a site to become a landmark
does not constitute a forfeiture of all control over the land upon which the
site is located.
3. There will be a
statement to acknowledge that landowner consent for a site to become a landmark
does represent a pledge on the part of the landowner or landowners to preserve
and protect the site as a nonrenewable cultural resource.
4. There will be a statement specifying the
precise degree of jurisdiction transferred to the commission with respect to
determining who shall be allowed to enter upon the landmark for the purpose of
removing artifacts and specimens of all types or for the purpose of violating
the site by any form of excavation for whatever reason.
5. There will be language encouraging the
landowner to remove the landmark from cultivation or stipulating those plaza or
village areas that may be subjected to continued normal cultivation under the
agreement.
6. There will be a
statement of recognition that all contractors authorized by the commission must
respect the rights of the landowner and will be held liable for damage to all
access routes, property, and lands adjacent to the landmark.
7. There will be a clear statement
stipulating who shall retain title to all artifacts and other physical remains
recovered from the landmark under the provisions of a contract for survey and
salvage.
8. There will be a
statement setting out the exact limits and degree of public access to the
landmark, if any, that are acceptable to the landowner and to the commission
once the landmark has been investigated, properly restored, and
stabilized.
9. All special
conditions and restrictions will be described fully in a manner acceptable to
both the commission and the landowner or landowners.
AUTHORITY NOTE: Promulgated in accordance with R.S. 41:1601-1613.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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