Sec. 34.04.03.04. Application for Permit

A. Activity Requiring Permit. A person may not excavate, destroy, or substantively injure submerged archeological historic property without a permit from the Trust.

B. Waiver. If the activity by its nature is one that is subject to federal or State review under §106 of the National Historic Preservation Act, 16 U.S.C. §§470-470t, or State Finance and Procurement Article, §§5A-325 and 5A-326, Annotated Code of Maryland, and the person is complying with the provisions of those laws and any corresponding regulations, the Trust may waive the requirement of a permit under these regulations in order to avoid duplicate review.

C. Sites For Which Permits May Be Denied.

(1) The Trust may establish a list of sites for which the Trust reserves the right to deny intensive survey permits and data recovery permits.

(2) To be eligible for listing under §C(1) of this regulation, the site shall have been:

(a) Known and evaluated by the Trust either on the Trust's own initiative or in conjunction with an activity described in §B of this regulation; and

(b) Included in or determined eligible for inclusion in the National Register or for designation as a National Historic Landmark.

(3) The list of sites referred to in §C(1) and (2) of this regulation shall be available for examination at the Program's principal office.

D. Application Requirements.

(1) Applications for permits shall be made upon standard forms prescribed by the Trust. An application shall include at least the following information or items:

(a) The precise position of the area of proposed activity, including a map of sufficient detail to enable the location to be accurately depicted on a standard marine navigational chart;

(b) The water and, if applicable, sediment depth of the area of proposed activity;

(c) The applicant's opinion, based upon archival or archeological research, as to specific characteristics of the submerged archeological historic property including, at a minimum and when applicable, size, age, type and identity, methods and materials of construction, and the general condition of the property;

(d) A proposed research plan that conforms to the requirements set forth in §D(2) of this regulation;

(e) Information regarding the personnel who will be performing the proposed activity, which conforms to the requirements in §D(3) of this regulation;

(f) A listing of the proposed equipment to be used in the proposed activity or that will be available for use;

(g) If the applicant is a partnership, firm, association, public or private corporation, or any other business entity:

(i) A copy of its organizational documents, including its charter or articles of incorporation and by-laws;

(ii) A copy of the applicant's most current financial statement that has been examined and certified by an independent accountant; and

(iii) An explanation of the applicant's proposed resources to support financially the proposed activity; and

(h) The appropriate permit application fee.

(2) Research Plan.

(a) The proposed research plan required by §D(1)(d) of this regulation shall:

(i) Consist of a description of the proposed methodology, identification, documentation, or other treatment of submerged archeological historic property that identifies the proposed activity's goals, methods and techniques, expected results, and the relationship of the expected results to other proposed activities or treatments;

(ii) Be in a form prescribed by the Trust detailing the proposed techniques and methods of excavation, recovery, conservation, inventory, recordation, storage of recovered materials, dissemination of data, and the proposed starting date and length of time expected to be devoted to the proposed activity;

(iii) Contain a justification of the specific techniques and methods proposed to be used;

(iv) Conform to the standards for underwater archeology established by the Trust, and be designed to recover relevant scientific, historical, architectural, or other data as well as artifacts; and

(v) Include documentation that the facility proposed to conduct conservation of any recovered artifacts has agreed to do so within a time frame acceptable to the Trust.

(b) In the case of an intensive survey permit application for the purpose of confirming that submerged property meets the criteria in Regulation .01A(3) of this chapter, the research plan shall include all the elements in §D(2)(a) of this regulation except as may be specifically considered by the State Underwater Archeologist to be unnecessary in order to determine the age of submerged property or its eligibility for the National Register.

(3) The information regarding the personnel required by §D(1)(e) of this regulation shall include at least the following:

(a) The name and address of the applicant;

(b) The name and address of the field archeologist who will be immediately supervising the proposed activity;

(c) The names and addresses of all persons who will participate in the proposed activity; and

(d) A resume for each individual, including the field archeologist, listing relevant experience, training, and certifications in maritime archeology or related fields.

(4) The Trust may require the applicant to submit pertinent archival, archeological, and other research data used by the applicant as the basis of the applicant's opinion required by §D(1)(c) of this regulation.

(5) In the case of an intensive survey permit application for the purpose of confirming that submerged property meets the criteria in Regulation .01A(3) of this chapter, the requirements in §D(1)(g) and (h) of this regulation are not applicable.

(6) Application.

(a) An application for a permit is not considered complete until all information requested on the application form and any other information requested by the Trust has been received by the Trust.

(b) After receipt of an otherwise complete application, the Trust may request additional information or documents as it considers necessary in order to make a determination whether to issue a permit.

(c) The Trust shall notify the applicant when the application is deficient. If an applicant has been notified that an application for a permit is deficient or has been informed that additional information or documents are required, the applicant shall provide the requested items within 20 days after the date the notice is mailed. If the applicant fails to respond within the 20-day period, the application shall be denied unless the applicant requests additional time and provides reasonable justification for an extension that is acceptable to the Trust.

E. Fees.

(1) Amounts of permit application fees shall be as provided in a fee schedule set forth and revised from time to time by the Trust. The fees may vary depending upon the type of permit and other circumstances such as whether the applicant is a commercial applicant or a noncommercial applicant, and whether the applicant is a Maryland resident or institution or entity that is organized under the laws of Maryland.

(2) Copies of the fee schedule shall be available for examination at the Program's principal office. The Program shall make copies available to the public upon request.

(3) The Trust reserves the right to waive the permit application fee, in whole or in part, if the Trust considers it appropriate to adjust the reasonableness of the fee as a proportion of the potential value and risk in conducting the permitted activity to the anticipated costs of the Program to review, supervise, and administer the permit.

(4) The permit application fee is nonrefundable, except that if the Trust rejects a permit application, the Trust may retain only that portion of the fee which covers the costs of reviewing the application, and shall return the remainder of the fee to the applicant.