Delaware § 5404 - Discovery of remains and notification of authorities.
Full text of Delaware Delaware Code § 5404 — Discovery of remains and notification of authorities., with citation guidance and answers to common questions.
§ 5404. Discovery of remains and notification of authorities.
(a) Any person knowing or having reasonable grounds to believe that unmarked human burials or human skeletal remains are being encountered shall notify immediately the Medical Examiner or the Director.
(b) When any person encounters unmarked burials or human skeletal remains as a result of construction, agricultural, or any other ground-disturbing activities, the person shall cease the ground-disturbing activity immediately upon discovery and notify the Medical Examiner or the Director of the discovery.
(c) Human burials or human skeletal remains which are encountered by a professional archaeologist as a result of survey or excavations must be reported to the Director. Excavation and other activities may resume after written approval is provided by the Director. The treatment, analysis, and disposition of the remains shall conform to the provisions of this chapter.
(d) The Director shall notify the Chief Medical Examiner of any reported human skeletal remains discovered by a professional archaeologist.
66 Del. Laws, c. 38, § 1; 75 Del. Laws, c. 153, § 4; 83 Del. Laws, c. 142, § 1;Source: official Delaware text · Last verified 2026-08-27
Frequently Asked Questions About Delaware § 5404
What does Delaware Code § 5404 cover?
Section 5404 ("Discovery of remains and notification of authorities.") is part of the Delaware Code, the codified statutory law of Delaware. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Delaware § 5404?
A common citation format is "Delaware Code § 5404" (Delaware). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Delaware law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Delaware official source linked on this page or consult a licensed Delaware attorney.
How does Delaware § 5404 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Delaware can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Delaware.