§6E-11  Civil and administrative violations. (a)  It shall be a civil and administrative violation for any person to take,appropriate, excavate, injure, destroy, or alter any historic property oraviation artifact located upon the private lands of any owner thereof withoutthe owner's written permission being first obtained.  It shall be a civil andadministrative violation for any person to take, appropriate, excavate, injure,destroy, or alter any historic property or aviation artifact located upon landsowned or controlled by the State or any of its political subdivisions, exceptas permitted by the department, or to knowingly violate the conditions setforth in an approved mitigation plan that includes monitoring and preservationplans.

(b)  It shall be a civil and administrativeviolation for any person to knowingly take, appropriate, excavate, injure,destroy, or alter any burial site, or the contents thereof, located on privatelands or lands owned or controlled by the State or any of its politicalsubdivisions, except as permitted by the department, to knowingly fail tore-inter human remains discovered on the lands in a reasonable period of timeas determined by the department, or to knowingly violate the conditions setforth in an approved mitigation plan that includes monitoring and preservationplans.

(c)  It shall be a civil and administrativeviolation for any person to take, appropriate, excavate, injure, destroy, oralter any historic property or burial site during the course of land developmentor land alteration activities to which section 6E-42 applies, without obtainingthe required approval.

(d)  It shall be a civil and administrativeviolation for any person who inadvertently discovers a burial site to fail tostop work in the immediate area and report the discovery, as required bysection 6E-43.6.

(e)  It shall be a civil and administrativeviolation for any person to knowingly glue together any human skeletal remains,label any human skeletal remains with any type of marking pen, or conduct anytests that destroy human skeletal remains, as defined in section 6E-2, exceptas permitted by the department.

(f)  Any person who violates this section shallbe fined not more than $10,000 for each separate violation.  If the violatordirectly or indirectly has caused the loss of, or damage to, any historicproperty or burial site, the violator shall be fined an additional amountdetermined by the court or an administrative adjudicative authority to beequivalent to the value of the lost or damaged historic property or burialsite.  Each day of continued violation of this provision shall constitute adistinct and separate violation for which the violator may be punished. Equipment used by a violator for the taking, appropriation, excavation, injury,destruction, or alteration of any historic property or burial site, or for thetransportation of the violator to or from the historic property or burial site,shall be subject to seizure and disposition by the State without compensationto its owner or owners.

(g)  Any person who knowingly violates thischapter with respect to burial sites shall also be prohibited fromparticipating in the construction of any state or county funded project for tenyears.

(h)  Nothing in this section shall apply to landaltering activities relating to family burial plots under section 441-5.5.

(i)  The civil and administrative penaltiesimposed pursuant to this chapter shall be in addition to the criminal penaltiesprovided by this chapter and any other penalties that may be imposed pursuantto law. [L 1976, c 104, pt of §2; gen ch 1985; am L 1990, c 306, §8; am L 1992,c 113, §3; am L 1996, c 97, §8; am L 2003, c 104, §3; am L 2005, c 128, §3; amL 2006, c 38, §1 and c 45, §2; am L 2007, c 9, §1]