South Dakota Codified Laws
Chapter 20 - Archaeological Exploration
Section 1-20-35 - Unauthorized investigation as misdemeanor--Forfeiture of materials found.

1-20-35. Unauthorized investigation as misdemeanor--Forfeiture of materials found.
No person may conduct field investigation activities on any land owned or controlled by the state, its agencies, departments, and institutions, or within the boundaries of any designated state archaeological landmark, without first obtaining a permit from the State Historical Society Board of Trustees. No person may appropriate, deface, destroy, or otherwise alter any archaeological site or specimen located upon state lands or within the boundaries of a designated state archaeological register site, except in the course of activities pursued under the authority of a permit granted by the State Historical Society Board of Trustees. A violation of this section is a Class 2 misdemeanor, and in addition, any person who violates this section shall forfeit to the state all specimens, objects, and materials collected or excavated, together with all photographs and records relating to such material.

Source: SL 1947, ch 136, §7; SDC Supp 1960, §29.9904; SDCL §1-20-16; SL 1974, ch 11, §15; SL 1980, ch 24, §6; SL 2009, ch 1, §108.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 1 - State Affairs and Government

Chapter 20 - Archaeological Exploration

Section 1-20-17 - Legislative findings--Purpose of chapter.

Section 1-20-18 - Definitions.

Section 1-20-19 - Employment and qualifications of state archaeologist.

Section 1-20-20 - Duties of state archaeologist--Employment of personnel.

Section 1-20-21 - Statewide survey of archaeological sites--Records.

Section 1-20-21.1 - Agreements involving archaeological survey or assessment work--Fee schedule.

Section 1-20-21.2 - Confidentiality of records pertaining to location of archaeological site--Exceptions.

Section 1-20-22 - Notice to board of projects endangering archaeological sites--Notice to contractors.

Section 1-20-23 - Investigation of endangered archaeological sites.

Section 1-20-24 - Initiation of action by board--Recovery of archaeological data--Contractor's cost.

Section 1-20-25 - Exclusive right--Investigation on public lands--Property of state.

Section 1-20-26 - Cooperation with state archaeologist by public agencies.

Section 1-20-27 - Reservation from sale of state archaeological sites--Release when examination complete.

Section 1-20-29 - Policy as to investigations on private land.

Section 1-20-30 - Designation of archaeological register sites--Consent required.

Section 1-20-31 - Notice of designation of archaeological site--Permit required for field investigation.

Section 1-20-32 - Issuance of exploration permits--Qualifications of permittees.

Section 1-20-33 - Exploration results--Report to state archaeologist.

Section 1-20-34 - Specimens collected--State property--Disposition.

Section 1-20-35 - Unauthorized investigation as misdemeanor--Forfeiture of materials found.

Section 1-20-36 - Trespass on private land--Misdemeanor.

Section 1-20-37 - Forgery and misrepresentation of archaeological objects--Sale of unlawfully collected objects--Misdemeanor.