# Title 40 — Historical Board

## Article 40-02 — Archaeology and Historic Preservation

## Chapter 40-02-02 — Permit for Cultural Resource Investigation

### § 40-02-02-01. Definitions.

The terms used throughout this title have the same meaning as in North Dakota Century Code
chapter 55-03, except:
1. "Board" means the state historical board as defined in North Dakota Century Code section
55-01-01.
2. "Contractor" means any person, real or corporate, who performs cultural resources work for
profit or cost reimbursement on behalf of a project sponsor.
3. "Cultural resources work" means all of those processes, procedures, and efforts normally
construed by state and federal regulations as necessary for the conduct of investigations,
evaluations, or mitigation of adverse effects of proposed projects to historic buildings,
structures, or objects, including preproject planning, planning, execution, and reporting of
results.
4. "Direct supervision" means active supervision of field and office/laboratory activities by a
qualified individual at least seventy-five percent of the time expended for those activities as
documented by project records.
5. "Director" means the director of the state historical society of North Dakota as set forth in
North Dakota Century Code section 55-02-01.
6. "Instrumentality of the state" means all agencies, departments, boards, and commissions, and
all political subdivisions, of state government.
7. "Permit application fee" means the payment for an annual permit required to conduct cultural
resources work.
8. "Project sponsor" means any person, real or corporate, including agencies, departments,
companies, nonprofit corporations, corporations, instrumentalities of government,
partnerships, political subdivisions, or institutions, which pays for cultural resources work
projects.
9. "Report filing fee" means the payment required to accompany a cultural resources work report
by a contractor which is deposited with the state historical board of North Dakota, and which
report will subsequently be considered in review of proposed projects considered under the
laws and regulations described in North Dakota Century Code section 55-03-01.
History: Effective January 1, 1985.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 55-03-01

### § 40-02-02-02. Application for permit - Fee.

All applications for permits issued under North Dakota Century Code section 55-03-01 must be
made on forms available from:
Director
State Historical Society of North Dakota
North Dakota Heritage Center
Bismarck, ND 58505
Instructions for completion of forms, a list of supporting documentation required, and copies of
standards established by the board for the conduct and reporting of cultural resource work projects are
also available on request.
All applications for permit must be accompanied by a check made payable to:
State Historical Society of North Dakota.
An application for permit form is attached hereto, incorporated by reference, and labeled Appendix A.
History: Effective January 1, 1985.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 55-03-01
### § 40-02-02-03. Waiver of permit application fee.

The director may waive the annual permit application fee required by North Dakota Century Code
section 55-03-01 if the applicant is an instrumentality of the state and if the complete and acceptable
application is accompanied by a letter from the chief administrative officer of the instrumentality
requesting waiver of the permit fee.
History: Effective January 1, 1985.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 55-03-01
### § 40-02-02-04. Waiver of report filing fee.

Reports of cultural resources work conducted under a permit issued pursuant to North Dakota
Century Code section 55-03-01 and filed by a permittee on behalf of a nonprofit corporation formed
under North Dakota Century Code chapters 10-24 through 10-28 need not be accompanied by a report
filing fee payment if notification that the project sponsor is a nonprofit corporation is provided at the time
of filing.
History: Effective January 1, 1985.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 55-03-01
### § 40-02-02-05. Professional qualifications - Exceptions.

All activities performed under a permit issued pursuant to North Dakota Century Code chapter
55-03 must be conducted by or under the direct supervision of a professionally qualified individual.
Evaluations of archaeological, architectural, historical, or paleontological resources must be made by
an individual professionally qualified in that particular discipline. The minimum professional
qualifications are:
1. Archaeology. A graduate degree in archaeology, anthropology, or closely related field plus all
of the following:

a. At least one year of full-time experience or equivalent specialized training in
archaeological research, administration, or management.
b. At least four months of supervised field and analytic experience in general North
American archaeology.
c. A demonstrated ability to carry research to completion, usually documented through the
completion of reports of such work.
In addition to the above minimum qualifications, a professional in prehistoric archaeology must
have at least one year of full-time experience at a supervisory level in the study of
archaeological resources of the prehistoric period. A professional in historic archaeology must
have at least one year of full-time experience at a supervisory level in the study of
archaeological resources of the historic period.
2. Architectural history. A graduate degree in architectural history, art history, historic
preservation, or closely related field, with coursework in American architectural history; or a
bachelor's degree in architectural history with concentration in American architecture; or a
bachelor's degree in architectural history, art history, historic preservation, or closely related
field plus one of the following:
a. At least two years of full-time experience in historic structures survey and research,
writing, or teaching in American architectural history or restoration architecture with an
academic institution, historical organization or agency, museum, or other professional
institution or private company.
b. A documentably substantial contribution through research and publication to the body of
scholarly knowledge in the field of American architectural history.
3. History. A graduate degree in history or closely related field; or a bachelor's degree in history
or closely related field plus one of the following:
a. At least two years of full-time experience in historical or closely related field research,
writing, teaching, interpretation, or other demonstrable professional activity with an
academic institution, historical organization or agency, museum, other professional
institution, or private company.
b. A documentably substantial contribution through research and publication to the body of
scholarly knowledge in the field of history.
4. Paleontology. A graduate degree in paleontology or closely related field plus all of the
following:
a. At least one year of full-time experience or equivalent specialized training in
paleontological research, administration, or management.
b. At least four months of supervised field and analytic experience in general North
American paleontology.
c. A demonstrated ability to carry research to completion, usually documented through the
completion of reports of such work.
Exceptions to these minimum qualification standards may be granted by the director after receipt,
review, and acceptance of documentation of an individual's ability to plan, execute, and report such
activities within a discipline. Such documentation will usually consist of reports describing such work
previously completed by the applicant, and which would be acceptable by all standards other than
those of professional qualifications.

History: Effective January 1, 1985.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 55-03-02
### § 40-02-02-06. Revocation of permit - Grounds.

A permit issued pursuant to North Dakota Century Code chapter 55-03 may be revoked when the
director determines that the permittee has:
1. Allowed activities related to the permit to be performed without supervision by qualified
personnel as defined in section 40-02-02-05, or by personnel whose credentials have not
been filed with and approved by the director.
2. Filed inadequately documented reports or site forms.
3. Deliberately falsified data used in activities or reports related to activities conducted under the
permit.
4. Failed to provide for storage and care of artifacts or excavation records from activities
conducted under the permit.
5. Been convicted of participating in illegal activities related to obtaining or trafficking artifacts.
6. Misrepresented the permittee's credentials or qualifications, or that an academic degree which
was used by the permittee to represent the permittee's qualifications upon application for
permit has been revoked or withdrawn by the granting institution.
History: Effective January 1, 1985.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 55-03-03
### § 40-02-02-07. Revocation of permit - Procedure.

When the director has determined that grounds exist to revoke a permit, the procedures set forth in
North Dakota Century Code section 28-32-05 must be followed.
History: Effective January 1, 1985.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 55-03-03

Appendix A
1. Applicant's Name: ___________________Tel. #( )_______Ext.____
Business Address: ________________State_____Zip_____
2. The applicant is an (check one): ___ individual/ ___ organization/ ___ institution/ ___
company/ ___ instrumentality of the state of North Dakota.
3. On a separate sheet of paper, or by attachment of a prospectus, describe the following as
available to the applicant:
a. Support facilities and personnel (include lab. as appropriate).
b. Artifact storage facilities or storage agreements.
4. a. List the name(s) and area(s) of expertise of all individuals the applicant will utilize to
perform supervisory or in-office evaluation work, or both, conducted under the permit
applied for here (use continuation sheets as necessary):
b. Attach a standard vita for each individual listed at 4a, above.
c. List the name(s) of any individual(s) noted at 4a, above, for whom the applicant requests
an exception to the minimum professional qualifications described at North Dakota
Administrative Code (NDAC) section 40-02-02-05 (use continuation sheets as
necessary): For each individual so listed, enclose documentation to justify the exception
requested.
5. Type of permit applied for (check one):
__ a. Annual permit required by North Dakota Century Code (NDCC) section 55-03-01 for
activities related to satisfaction of state or federal review and compliance procedures.
__ b. One-time permit required by NDCC section 55-03-01.1 for activities related to research to
be conducted on land owned by an instrumentality of the state and not related to review
and compliance procedures.
6. Enclose with this application one of the following as appropriate (check which enclosed):
__ a. Annual permit fee ($50.00).
__ b. One-time permit fee ($100.00). Also enclose a description of the legal location, the SITS
number, and a copy of the research design for the activities proposed to be conducted
under this permit.
__ c. Documentation described at NDAC section 40-02-02-03. (For annual permit only.)
Permit fees must be made by check payable to: "State Historical Society of North Dakota."
One-time permits granted will cover only those activities described in the research design
submitted (6b, above).
7. Read and sign the following:

Application is herewith made for a permit related to NDCC section 55-03-01 or
55-03-01.1, which sections I have read and understand. The information provided above,
and as attachments to this application, is correct and complete to the best of my
knowledge.
_______________________________
(Signature of applicant or authorized
representative)
COUNTY OF ) ss.
On this ___________ day of ______________ in the year of _______ before me personally
appeared ___________________________ known to me to be the person who is described in and
who executed the written instrument and acknowledged to me that the
___________________________________ executed the same.
______________________________
(SEAL) Notary Public
My Commission Expires:
Date received: ___________________
Reviewed by: ____________________ Date reviewed: __________
Action taken: _____________________ Date of action: __________
________________________________
