# Title 43 — Industrial Commission

## Article 43-04 — Geological Survey Paleontological Resource Protection

## Chapter 43-04-01 — Definitions

### § 43-04-01-01. Definitions.

1. "Large scale excavation permit" is a permit issued by the state geologist that allows large
scale excavation or quarrying of paleontological resources (excavations that disturb a surface
area of more than eighteen square feet [1.67 square meters] of material).
2. "Minimum excavation and surface collecting permit" is a permit issued by the state geologist
that allows the collection of paleontological resources found at the surface or removal of
specimens with hand tools without extensive excavation.
3. "Modified minimum excavation and surface collecting permit" is a permit issued by the state
geologist to amateur collectors that allows collection only of paleontological resources that
have completely weathered out of the rock or sediment.
4. "Paleontological resource" must be defined as in North Dakota Century Code section
54-17.3-01.
a. Vertebrate fossils and the localities in which they are found are assumed to be
paleontological resources unless they are determined not to be significant by the state
geologist (bison remains would generally not be considered significant except when
found in cultural context).
b. Invertebrate, plant and trace fossils and the localities in which they are found are not
considered paleontological resources unless they are determined to be significant by the
state geologist (sites of unusually fine preservation and type localities, the places from
which the first specimens of new fossil species were described would generally be
considered paleontological resources).
History: Effective October 1, 1990.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 54-17.3-03
