Md. Code Regs. 34.04.03.01

Current through Register Vol. 51, No. 22, November 1, 2024

Section 34.04.03.01 - General

A. Scope.

(1) These regulations govern activities designated in Chapter 503 of the Acts of the General Assembly of 1988 known as the Submerged Archaeological Historic Property Act and codified within State Finance and Procurement Article, Title 5A, Subtitle 3, Annotated Code of Maryland. This act authorized the Maryland Historical Trust to establish a program for the issuance and administration of permits for certain activities relating to submerged archeological historic property. The program is known as the Maryland Maritime Archeology Program.

(2) The meanings of certain terms are set forth in Regulation .02 of this chapter.

(3) In accordance with the Act, these regulations apply solely to sites, structures, objects, or remains which yield or are likely to yield information of significance to the scientific study of human prehistory, history, or culture and which are:

(a) Embedded in submerged lands and have remained unclaimed for 100 years or longer; or

(b) On or embedded in submerged lands and are included in or have been determined eligible for inclusion in the National Register of Historic Places.

(4) In order to determine whether submerged property meets the criteria in §A(3) of this regulation, the person who discovers this property shall complete a report of finding on a standard form prescribed by the Trust and submit it to the State Underwater Archeologist within 14 days of discovery. The Trust shall make a determination of the age of the property or its eligibility for the National Register within 14 days of receipt of the report and notify the person submitting the report of the Trust's determination. If, in the opinion of the Trust, the report provides insufficient information to determine the age of the property or its eligibility for the National Register, the Trust may request that an intensive survey be conducted. Accordingly, submerged archeological historic property that is embedded in submerged lands is considered as having remained unclaimed for 100 years or longer until proven otherwise through:

(a) An intensive survey conducted in accordance with these regulations; or

(b) A determination by the Trust made either upon the Trust's initiation or upon filing of a report of finding in accordance with this subsection.

(5) These regulations do not:

(a) Limit or prohibit the use of privately owned land by the owner of the land, or require the owner to obtain a permit from the Trust for any activity on the privately owned land; or

(b) Abrogate or supplant any power of the State Highway Administration.

B. Property of State-Exceptions.

(1) Except as provided in §B(2) of this regulation, all submerged archeological historic property is the property of the State in accordance with the Act.

(2) These regulations do not apply to:

(a) Properties located on public lands of the United States or certain other lands, if any, as set forth in an exception to the federal Abandoned Shipwreck Act of 1987, 43 U.S.C. § 2105(d); and

(b) Properties entitled to sovereign immunity under federal law or international law, treaty, or agreement, including without limitation, United States or foreign military or government vessels that have not been abandoned through formal action by the United States government or the flag nation.

Md. Code Regs. 34.04.03.01