Cultural Resource Protection for Private Landowners - State Archaeological Landmark Designation
for Privately Owned Sites
What is a State Archaeological Landmark/Archaeological Landmark Zone Designation?
Under the provisions of Chapter 267.11, Florida Statutes, the Division of Historical Resources can designate archaeological resources on private property as an Archaeological Landmark or Landmark Zone to recognize the significance and increase legal protection of privately owned archaeological sites under state law.
As provided in the statutes, a designated site or group of sites must demonstrate "significance to the scientific study or public representation of the state's historical, prehistoric, or aboriginal past" (Chapter 267.11, Florida Statutes). The Division requires that archaeological resources be eligible for listing in the National Register in order for designation as a State Archaeological Landmark or Landmark Zone. If a site is not already listed in the National Register, only a professionally qualified archaeologist can determine eligibility.
Increases Legal Protection
Often without a State Archaeological Landmark or Landmark Zone designation, an owner's only legal protection against illegal or unwanted digging is the trespass law. With State designation a permit is required from the Division to legally conduct field investigation. An owner may take action against non-permitted, illegal digging. An owner must give written consent to designate his or her property as a State Archaeological Landmark or Landmark Zone. A designation does not convey ownership interest.
How do I achieve designation of my site(s)?
To apply for designation you may submit a State Archaeological Landmark application to the Division of Historical Resources, and DHR will review the application and recommend designation based on National Register eligibility and written owner consent. Upon review of the application materials, the Division will notify the owner, who will receive a certificate from the Division. A record of application materials and designation certificate will be filed with the Florida Master Site File.
FFor more information or to request a form, please contact Dr. Mary Glowacki with the Bureau of Archaeological Research at (850)245.6444, or via email at Mary.Glowacki@DOS.MyFlorida.com.