[§6D-2]  Prohibitions.  (a)  It shall be
unlawful for any person to intentionally, knowingly, or recklessly break, break
off, crack, carve upon, write, burn, or otherwise mark upon, remove, or in any
manner destroy, disturb, deface, mar, or harm the surfaces of any cave, or the
cave resources within the cave, whether attached or broken, including
speleothems, speleogens, and sedimentary deposits, without the owner's written
permission being first obtained.



(b)  It shall be unlawful for any person to
break, force, tamper with, or otherwise disturb a gate to any cave, even though
entrance thereto may not be gained, without the owner's permission being first
obtained.



(c)  It shall be unlawful for any person to
remove, deface, or tamper with a sign stating that a cave is posted or citing
provisions of this chapter.



(d)  It shall be unlawful for any person to
take, appropriate, excavate, injure, destroy, or alter any paleontological
deposit, which may be found in a cave without the owner's written permission being
first obtained.



(e)  This section shall not apply to caves
inadvertently encountered within the normal course of a construction context;
provided that any cave protection measures imposed through the environmental
review process under chapter 343 or any land use permit conditions shall be
followed. [L 2002, c 241, pt of §2]