A person may inspect, study, explore, photograph, measure, record, conduct a reconnaissance survey, use magnetic or acoustic detection devices, or otherwise use and enjoy a submerged archaeological historic property and/or submerged paleontological property without being required to obtain a license if the use or activity does not:

(1) involve excavation, destruction, substantive injury, or disturbance of the historic property, a paleontological site, or its immediate environment;

Terms Used In South Carolina Code 54-7-660

  • Excavation: means the process of moving, removing, or disturbing bottom sediments to expose submerged archaeological historic property or submerged paleontological materials. See South Carolina Code 54-7-620
  • Historic property: means a district, site, building, structure, or object significant in the prehistory, history, upland and underwater archaeology, architecture, engineering, and culture of the State, including artifacts, records, and remains related to the district, site, building, structure, or object. See South Carolina Code 54-7-620
  • Immediate environment: means that area surrounding a submerged archaeological historic property or submerged paleontological site which, if disturbed, could result in substantive injury to the property, including, without limitation, the debris field. See South Carolina Code 54-7-620
  • Paleontological property: means paleontological material or any site which contains paleontological material. See South Carolina Code 54-7-620
  • Person: means an individual, partnership, corporation, association, organized group of persons, or any other legal entity. See South Carolina Code 54-7-620
  • Reconnaissance survey: means a limited archival and field investigation, designed and accomplished in sufficient detail to make generalizations about the type, distribution, and value of an area's submerged archaeological historic properties or submerged paleontological sites, which may include data collection but may not include excavation, data recovery, or artifact recovery. See South Carolina Code 54-7-620
  • Site: means :

    (a) the location of an event, a prehistoric or historic occupation or activity, or a building or structure including a shipwreck, whether standing, ruined, or vanished, and its debris field where the location itself maintains historical or archaeological value regardless of the value of any existing structure;

    (b) the location of an accumulation of paleontological material where the location itself maintains paleontological value. See South Carolina Code 54-7-620
  • State: means the State of South Carolina. See South Carolina Code 54-7-620
  • Submerged: means beneath or substantially beneath the territorial waters of the State or submerged at mean low tide. See South Carolina Code 54-7-620
  • Substantive injury: means any action or influence which causes a change in the archaeological or paleontological context, the structural integrity, or the physical condition of a site as to render it more vulnerable to loss, damage, destruction, or diminution of historic or paleontological value. See South Carolina Code 54-7-620

(2) endanger other persons or property; or

(3) violate other regulations or provisions of federal, state, or local law or ordinance.

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