Wisconsin § 44.47 - Field archaeology.

§ 44.47. Field archaeology.

This state reserves to itself the exclusive right and privilege of field archaeology on state sites, and establishes regulations for field archaeology on sites owned by political subdivisions, in order to protect and preserve archaeological and scientific information, matter and objects. It is a declaration of legislative intent that persons practicing field archaeology on privately owned land are encouraged to pursue their field archaeology in accordance with this section, and that the looting of all archaeological remains be strongly discouraged. Persons having knowledge of the location of archaeological sites are encouraged to communicate such information to the state archaeologist. This section is not intended to burden persons who wish to use state public property for recreational and other lawful purposes or to unnecessarily restrict the use of state public property. 44.47(1) (1) Definitions. As used in this section: 44.47(1)(a) (a) “Archaeological methods” means scientific procedures used in field archaeology by recognized professional authorities on archaeology. 44.47(1)(b) (b) “Archaeological site” means any land or the bed of any stream or lake where there are objects or other evidence of archaeological interest, aboriginal mounds and earthworks, ancient burial grounds, prehistoric and historical ruins, Indian mounds, historic and prehistoric watercraft and associated objects, aircraft and other archaeological and historical features. 44.47(1)(c) (c) “Data” means field notes, photographs, maps and other records relating to field archaeology. 44.47(1)(d) (d) “Field archaeology” means the study of the traces of human culture by means of surveying, digging, sampling, excavating or removing objects. 44.47(1)(e) (e) “Local site” or “local archaeological site” means an archaeological site owned by a political subdivision. 44.47(1)(f) (f) “Object” means an article, implement or other item of archaeological interest. “Object” does not include human remains, as defined in s. 157.70 (1) (f) , or a sunken log, as defined in s. 170.12 (1) (b) . 44.47(1)(g) (g) “Scientific institutions” means museums, historical societies, foundations for archaeological study, state agencies and scholarly groups with professional standing and physical facilities for the display, study and preservation of objects of archaeological interest. 44.47(1)(h) (h) “State site” or “state archaeological site” means an archaeological site owned by this state. 44.47(1)(i) (i) “Submerged cultural resource” means an archaeological site or historic property that is located beneath the surface of a lake or stream. 44.47(2) (2) Unlicensed field archaeology prohibited. No person other than the state archaeologist and individuals licensed by the director may engage in any field archaeology on any state site or site owned by a political subdivision. 44.47(3) (3) State archaeologist. 44.47(3)(a) (a) Appointment. The state archaeologist shall be a qualified archaeologist residing in this state and shall be appointed by the director. 44.47(3)(b) (b) Duties and powers of state archaeologist. The state archaeologist shall: 44.47(3)(b)1. 1. Sponsor, engage in and direct fundamental research into the archaeology of this state and encourage and coordinate archaeological research and investigation undertaken within the state. 44.47(3)(b)2. 2. Cooperate with other state agencies and political subdivisions which have authority in areas where archaeological sites are located, or which have the responsibility for marking sites or arranging for their being viewed by the public. 44.47(3)(b)3. 3. Encourage the preservation of archaeological sites located on privately owned property. 44.47(3)(b)4. 4. Protect objects of archaeological significance discovered by field archaeology at state sites or discovered during the course of any public construction or demolition work on state sites, and encourage the protection of such objects discovered during the course of any other construction or demolition work. 44.47(3)(b)5. 5. Cooperate with the historical society, public and private institutions of higher education in this state, and other custodians to preserve objects of archaeological significance, together with the data relating thereto. 44.47(3)(b)6. 6. Encourage the dissemination of archaeological facts through the publication of reports of archaeological research conducted within the state. 44.47(3)(b)7. 7. Approve permits for qualified persons to engage in field archaeology as provided in sub. (4) and to otherwise carry out and enforce this section. 44.47(3)(b)8. 8. Administer the state archaeology program under s. 44.48 (2) . 44.47(4) (4) Permits. 44.47(4)(a) (a) The director, acting as an agent of this state, may issue upon such terms and conditions, including restriction to a specific state site on land, as he or she designates, to a qualified natural person approved by the state archaeologist, a permit to engage in field archaeology on state sites and sites owned by political subdivisions. If a state site or the area described in an application is under the jurisdiction of any other state agency or if the field archaeology to be licensed interferes with a project of any other state agency, the director shall first obtain the approval of that state agency. The director may not issue a permit for field archaeology on a site owned by a political subdivision without the written approval of the political subdivision which owns the site. No state agency or political subdivision may withhold that approval without good cause. The director by rule may establish fees for processing applications, for permits or for renewal of permits. 44.47(4)(b) (b) If a site is located on privately owned land, any person wishing to dig or excavate at such a site is strongly encouraged to secure a permit under this section. The applicant for a permit must submit the written consent of the owner. 44.47(4)(c) (c) The director may waive sub. (3) (b) 7. in an emergency in which objects of archaeological interest are found in the course of construction or demolition work, or in other situations in which time is of the essence to save objects or gather data. 44.47(4)(d) (d) The director, upon the recommendation of the state archaeologist, the state agency administering the state site or the political subdivision which owns the site, may revoke or suspend a permit because of the improper conduct of the permittee, the use of improper or substandard archaeological methods or for other good cause. 44.47(5) (5) Ownership, custody and use of objects and data. Except as provided in sub. (5r) and s.