44.47 Field archaeology.
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/wi/chapter-44/44-47-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.
(1)Definitions. As used in this section:
(a)“Archaeological methods” means scientific procedures used in field archaeology by recognized professional authorities on archaeology.
(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.
(c)“Data” means field notes, photographs, maps and other records relating to field archaeology.
(d)“Field archaeology” means the study of the traces of human culture by means of surveying, digging, sampling, excavating or removing objects.
(e)“Local site” or “local archaeological site” means an archaeological site owned by a political subdivision.
(f)“Object” means an article, implement or other item of archaeological interest. “Object” does not include human remains, as defined in s. 157.70
(f), or a sunken log, as defined in s. 170.12
(b).
(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.
(h)“State site” or “state archaeological site” means an archaeological site owned by this state.
(i)“Submerged cultural resource” means an archaeological site or historic property that is located beneath the surface of a lake or stream.
(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.
(3)State archaeologist.
(a)Appointment. The state archaeologist shall be a qualified archaeologist residing in this state and shall be appointed by the director.
(b)Duties and powers of state archaeologist. The state archaeologist shall:
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.
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.
3. Encourage the preservation of archaeological sites located on privately owned property.
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.