Code of Massachusetts Regulations 312 CMR - BOARD OF UNDERWATER ARCHAEOLOGICAL RESOURCES
Here’s an updated overview of 312 CMR, the Massachusetts Code of Regulations for the Board of Underwater Archaeological Resources:
📘 312 CMR (Title 312 CMR 2.00) — Overview
Scope & Authority
312 CMR 2.00 governs underwater archaeological activities—like exploration, excavation, documentation, permit issuance, and resource disposition—under M.G.L. c. 6, §§ 179–180 (law.cornell.edu).
Published Version
The official compiled version by the Trial Court Law Libraries was published April 4, 2018 (mass.gov).
🗂️ Table of Contents – Sections 2.01 to 2.15
2.01 Authority – Legal foundation under Massachusetts General Laws.
2.02 Purpose – Establishes the Commonwealth’s trustee role, promotes preservation, public participation, and standardizes processes (casetext.com).
2.03 Applicability and Jurisdiction – Defines where and when 312 CMR applies.
2.04 Definitions – Covers terms like “artifact,” “assemblage,” “Board,” “museum,” “underwater archaeological resource,” etc. (regulations.justia.com).
2.05 Director Duties – Oversight authority and administrative responsibilities.
2.06 Permits – Rules for issuing excavation and reconnaissance permits.
2.07 Applications – Application requirements and documentation.
2.08 Review & Notification – Procedures for evaluating and notifying applicants.
2.09 Permittee Activities – Permit holder obligations, including conservation and artifact care.
2.10 Inspections – Enforcement and site access rules.
2.11 Renewals – Procedures for extending permits.
2.12 Suspension/Revocation – Standards for modifying or ending permits.
2.13 Resource Disposition – Post-project rules: disposition timeline, value split, priority purchase by the Commonwealth or museums, custodianship, and valuation standards (regulations.justia.com, casetext.com, law.cornell.edu).
2.14 Adjudicatory Hearings – Hearing procedures for disputes or infractions.
2.15 Exemptions – Exempted sites and special-use exceptions (e.g., isolated finds) (casetext.com, regulations.justia.com).
🔍 Highlights & Noteworthy Provisions
🎯 Preservation & Public Interest
312 CMR designates the Board as the trustee of Massachusetts' underwater archaeological heritage. Its aim is to foster collaboration among divers, historians, archaeologists, and the public in preserving this heritage (law.cornell.edu).
🛡️ Definitions that Matter
Legal definitions clarify scope. For example, "underwater archaeological resource" includes shipwrecks or artifacts at least 100 years old, or valued over $5,000; “buffers” restrict work zones; and “isolated finds” may be exempt under 2.15 (regulations.justia.com).
📜 Permitting & Compliance
Reconnaissance Permits: For surveys and non‑destructive exploration.
Excavation Permits: For artifact recovery—subject to strict reporting, conservation, documentation, and permittee accountability (sections 2.06–2.09).
⚖️ Resource Disposition Rules
Artifacts are Commonwealth property.
Disposition cannot happen until post‑completion and Board approval (section 2.13(1)).
Value is split: 75% to permittee, 25% to Commonwealth; distribution can be actual artifacts or fair market value (regulations.justia.com, regulations.justia.com).
The Commonwealth or accredited museums have first purchase rights for six months post‑completion (section 2.13(3)).
🕵️ Exemptions
Section 2.15 allows isolated finds or specific environmental‑planning recoveries to qualify for special‑use exemptions, subject to Board approval (regulations.justia.com).
📄 Accessing the Full Text
Trial Court Law Libraries (official PDF, compiled April 4, 2018) via Mass.gov (mass.gov).
Massachusetts Secretary of the Commonwealth Bookstore offers printed copies of 312 CMR 1.00 and 2.00 (approx. $1.05) (sec.state.ma.us).
Secondary sites (Cornell LII, Justia, Casetext) provide browsable or searchable versions (ensure checking date/regulatory updates) (law.cornell.edu).
✅ Can I Help With More?
Need a deeper dive into:
Permit application steps and deadlines
Conditions for reconstruction/excavation
Procedures for remediation, hearings, or exemptions
Trustee obligations, museum partnerships, or asset valuation
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