Administrative Rules of Montana
Department 10 - EDUCATION
Chapter 10.121 - PROCEDURAL RULES (MONTANA HISTORICAL SOCIETY)
Subchapter 10.121.9 - SHPO Rules
Rule 10.121.912 - ANTIQUITIES PERMITS

(1) The state historic preservation officer shall prepare and make available the criteria for granting antiquities permits and the applications for antiquities permits provided for under 22-3-432, MCA, using 36 CFR 61 as a guideline. The state historic preservation officer may designate a state archaeologist, a state paleontologist and/or a state historical architect to assist with the management of antiquities permits and the protection of heritage values.

(2) Applications for antiquities permits will be submitted by applicants to the state agency responsible for the management of lands owned by the state. Upon review, the state agency will forward the application for an antiquities permit with the agency's comments and recommendations to the SHPO.

(3) Antiquities permits shall be granted or denied to the applicant by the SHPO within 15 days of receipt of an application containing all needed information by the SHPO. A copy of the granted or denied antiquity permit will be forwarded by the SHPO to the state agency.

(4) No antiquities permit will be required for the purpose of identifying and recording heritage properties and paleontological remains on state-owned lands when such activities will not result in the excavation, removal or restoration of heritage properties or paleontological remains.

(5) Antiquities permits shall specify the means by which the state will protect artifacts, features, objects or paleontological remains excavated or removed in the course of the permitted work.