Utah § 8a-309 - Ancient human remains on nonfederal lands that are not state lands.
Full text of Utah Utah Code § 8a-309 — Ancient human remains on nonfederal lands that are not state lands., with citation guidance and answers to common questions.
§ 8a-309. Ancient human remains on nonfederal lands that are not state lands.
Effective 5/7/2025 9-8a-309.
Ancient human remains on nonfederal lands that are not state lands.
(1)
If a person knows or has reason to know that the person discovered ancient human remains on nonfederal land that is not state land:
(a)
the person shall:
(i)
cease activity in the area of the discovery until activity may be resumed in accordance with Subsection (2)(c);
(ii)
notify a local law enforcement agency in accordance with Section 76-5-803; and
(iii)
notify the person who owns or controls the nonfederal land, if that person is different than the person who discovers the ancient human remains; and
(b)
the person who owns or controls the nonfederal land shall:
(i)
require that activity in the area of the discovery cease until activity may be resumed in accordance with Subsection (2)(c); and
(ii)
make a reasonable effort to protect the discovered ancient human remains before activity may be resumed in accordance with Subsection (2)(c).
(2)
(a)
If the local law enforcement agency believes after being notified under Subsection (1) that a person may have discovered ancient human remains, the local law enforcement agency shall contact the Antiquities Section, which shall:
(i)
within two business days of the day on which the Antiquities Section is notified by local law enforcement, notify the landowner that the Antiquities Section may excavate and retrieve the human remains with the landowner's permission; and
(ii)
if the landowner gives the landowner's permission, excavate the human remains by no later than:
(A)
five business days from the day on which the Antiquities Section obtains the permission of the landowner under this Subsection (2); or
(B)
if extraordinary circumstances exist as provided in Subsection (2)(b), within the time period designated by the director not to exceed 30 days from the day on which the Antiquities Section obtains the permission of the landowner under this Subsection (2).
(b)
(i)
The officer may grant the Antiquities Section an extension of time for excavation and retrieval of ancient human remains not to exceed 30 days from the day on which the Antiquities Section obtains the permission of the landowner under this Subsection (2), if the officer determines that extraordinary circumstances exist on the basis of objective criteria such as:
(A)
the unusual scope of the ancient human remains;
(B)
the complexity or difficulty of excavation or retrieval of the ancient human remains; or
(C)
the landowner's concerns related to the excavation or retrieval of the ancient human remains.
(ii)
If the landowner objects to the time period designated by the officer, the landowner may appeal the decision to the executive director of the department in writing.
(iii)
If the executive director receives an appeal from the landowner under this Subsection (2)(b), the executive director shall:
(A)
decide on the appeal within two business days; and
(B)
(I)
uphold the decision of the officer; or
(II)
designate a shorter time period than the officer designated for the excavation and retrieval of the ancient human remains.
(iv)
An appeal under this Subsection (2)(b) may not be the cause for the delay of the excavation and retrieval of the ancient human remains.
A person that owns or controls nonfederal land that is not state land may engage in or permit others to engage in activities in the area of the discovery without violating this part or Sections 76-5-802 and 76-5-803 if once notified of the discovery of ancient human remains on the nonfederal land, the person:
(i)
consents to the Antiquities Section excavating and retrieving the ancient human remains; and
(ii)
engages in or permits others to engage in activities in the area of the discovery only after:
(A)
the day on which the Antiquities Section removes the ancient human remains from the nonfederal land; or
A person that owns or controls nonfederal land that is not state land may not be required to pay any costs incurred by the state associated with the ancient human remains, including costs associated with the costs of the:
(a)
discovery of ancient human remains;
(b)
excavation or retrieval of ancient human remains; or
(c)
determination of ownership or disposition of ancient human remains.
(4)
For nonfederal land that is not state land, nothing in this section limits or prohibits the Antiquities Section and a person who owns or controls the nonfederal land from entering into an agreement addressing the ancient human remains that allows for different terms than those provided in this section.
does not modify any property rights of a person that owns or controls nonfederal land except as to the ownership of the ancient human remains.
(7)
The office, Antiquities Section, or Division of Indian Affairs may not make rules that impose any requirement on a person who discovers ancient human remains or who owns or controls nonfederal land that is not state land on which ancient human remains are discovered that is not expressly provided for in this section.
Amended by Chapter 44, 2025 General Session Amended by Chapter 173, 2025 General Session
Section 8a-309 ("Ancient human remains on nonfederal lands that are not state lands.") is part of the Utah Code, the codified statutory law of Utah. 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 Utah § 8a-309?
A common citation format is "Utah Code § 8a-309" (Utah). 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 Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 8a-309 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
