Code of Massachusetts Regulations
312 CMR - BOARD OF UNDERWATER ARCHAEOLOGICAL RESOURCES
Title 312 CMR 2.00 - Massachusetts Underwater Archaeological Resources
Section 2.07 - Permit Applications

Universal Citation: 312 MA Code of Regs 312.2

Current through Register 1518, March 29, 2024

(1) No person may remove, displace, damage or destroy any underwater archaeological resource except in conformity with a permit issued by the Board.

Any qualified person desiring to conduct any type of exploration, recovery or salvage operations, in the course of which any resource may be removed, displaced, damaged or destroyed shall first make application to the Board, through the Director, for a permit to conduct such operations.

(2) Confidentiality. All records pertaining to a permit application shall remain confidential until the application is acted upon unless released by the applicant. The general location and description of a resource shall be made public and published as part of the agenda for the Board's meeting. All records pertaining to a permit application shall become public record after the Board acts on the application. Provided, however, that the exact location of the resource shall at all times remain confidential and shall not be a matter of public record.

(3) Application Contents. A complete application shall contain at a minimum, but not be limited to, the following:

(a) Application form. Copies of application forms are available from the Director.

(b) A description of the nature of the resource and demonstrable proof that the resource is present at the proposed site.

(c) A project description which includes the purpose and goals of the proposed project plan.

(d) A description of the project plan, including any documentary research, on-site exploration, proposed reconnaissance, testing, and/or excavation activities.

(e) A project schedule.

(f) A personnel/organization chart which identifies all key personnel, their qualifications, duties and responsibilities (including but not limited to documentation that all divers are certified).

(g) Identification of the Project Director and (where appropriate) Project Archaeologist with appropriate qualifications.

(h) A project budget.

(i) A description of the plans to document activities and finds.

(j) A description of the artifact conservation program.

(k) A description of the inventory and catalogue which shall be maintained for all recovered artifacts.

(l) A copy of an approved chart/map clearly indicating the requested site.

(m) The latitude and longitude of the center point of the requested permit area.

(n) The application fee.

(o) The signature of the Project Director and the Project Archaeologist where the Board requires that one be appointed.

(p) For corporate applicants, the applicant shall provide its Massachusetts certificate of registration and, a certificate of good standing from the Secretary of the Commonwealth.

(q) A statement describing the applicant's current or prospective financial ability to carry out the field and laboratory activities described in the application.

(r) Provisions 312 CMR 2.07(3)(b), (m), (n), (p), and (q) do not apply to special use permit applications.

(4) Submission and Receipt of Applications. Completed applications shall be filed with the Director and shall be date and time stamped when filed.

Applications shall be reviewed in chronological order of time and date stamp at regular meetings of the Board to determine completeness of application. Only complete applications will be deemed received by the Board.

If, upon review, the Board determines that further information is required of the permittee, the permittee shall be so informed. A permit application which is determined to be incomplete will lose priority status.

(5) Application Fee. All applications for new sites or for renewal of previously permitted areas shall be accompanied by the application fee. Failure to submit the application fee or dishonor of the check shall be a basis for denial of the application. There shall be no additional fee when there is a change in permit types (e.g. from Reconnaissance to Excavation) within the lifetime of an existing permit. Fee schedules are available from the Board.

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