Delaware Code
Subchapter II. Archaeological Resources in or on State Lands
§ 5313. Exemptions.

(a) The provisions of §§ 5308, 5309, and 5312(c) of this title do not apply to activities of State agencies which are:

(1) Already subject to federal laws or regulations relating to archaeological resources, or
(2) Not intended as archaeological activities, such as, but not limited to, surveying, environmental remediation, soil testing, construction, or property maintenance. State agencies are encouraged to advise the Division of any archaeological resources found during the course of such activities, pursuant to the letter or spirit of § 5306 of this title.
(b) This chapter does not apply to public use areas on lands along the Atlantic coast from Cape Henlopen south to the state line, situated between the mean low water line and the base of the primary dune, unless otherwise restricted or closed by the Director under the authority of § 5307 of this title.

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