STATE AND TRIBAL LAWS AND REGULATIONS
(as of February 2005)
Date Enacted: 1975, amended 1979, 1989, 1995, 2001
Summary: Vermont’s historic preservation statute requires a coordinated preservation plan and environmental impact assessment before construction, mining, or development in order to protect archaeological and historic sites on state lands. The statute defines a site to include burial grounds; the state does not have a specific reburial or unmarked graves law. The state Advisory Council on Historic Preservation provides guidance to the Division of Historic Preservation but no direction is given requiring Native American participation on the Council. Permits are issued through the Division with the advice of the State Archaeologist. Violations of the law are a misdemeanor with fines up to $1,000 or jail for six months.
Online State Law Source: http://www.leg.state.vt.us/
Permitting: Permits are issued by the Division of Historic Preservation.
Penalties: Violations of the law are a misdemeanor with fines up to $1,000 and/or jail for six months. Unauthorized removal of human remains is subject to a punishment of up to 15 years imprisonment and/or up to $10,000 in fines.
Review/Consultation Committee: No specific Native American participation is required on the Advisory Council on Historic Preservation.
Indian Affairs Office/Department:
Tribal Websites:
Resources: Historic Preservation (Vermont Stat. Ann. Title 22 §7); Crimes and Criminal Procedure (Vermont Stat. Ann. Title 13 §3761, §3764, §3766, §3769); Unmarked burial sites special fund; Governor's Advisory Commission on Native American Affairs.
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