Mississippi Administrative Code
Title 16 - History, Humanities and Arts
Part 3 - Historic Preservation Division
Chapter 1 - Policies for Implementation of the Antiquities Law of Mississippi
Rule 16-3-1.8 - Burial Excavation Permits

In the event that any Native American burials are encountered during any project, a permit is required prior to removal or excavation. If on private property, removal or excavation also requires the written permission of the landowner(s). No prehistoric or historic Native American burial excavation permits will be issued unless the excavation is performed by or supervised by a professional archaeologist and a physical anthropologist. If the burial(s) in question are reasonably expected to be of a known, federally recognized Tribe, MDAH shall consult with tribal authorities prior to the issuance of a permit.

Permits to excavate burials will not be issued unless there is an immediate threat to the integrity of the burial(s) through vandalism, natural forces, or unavoidable development. A burial is understood to include those items which were interred with the remains.

Miss. Code §§ 25-59-1, 39-7-19 (1972, as amended).