Code of Massachusetts Regulations 312 CMR - BOARD OF UNDERWATER ARCHAEOLOGICAL RESOURCES
312 CMR – Board of Underwater Archaeological Resources (BUAR)
The Board of Underwater Archaeological Resources (BUAR) operates under the Massachusetts Office of the Secretary of Energy and Environmental Affairs and regulates archaeological resources located in tidal waters and submerged lands of Massachusetts. Its authority is codified in 312 CMR (Code of Massachusetts Regulations), 3.00 et seq. The regulations implement M.G.L. c. 6, § 26, and c. 91, the Public Waterfront Act, as well as state historic preservation laws.
1. Purpose and Scope
The main purposes of 312 CMR include:
Protection of Submerged Cultural Resources
Includes shipwrecks, sunken structures, and other archaeological sites below the mean high-water line.
Regulation of Underwater Archaeological Activities
Excavation, salvage, removal, or disturbance of underwater archaeological resources.
Licensing and permitting of professional archaeologists and organizations.
Preservation and Documentation
Ensuring that resources are properly recorded, preserved, and conserved.
Mandates that artifacts and findings are reported to the BUAR.
2. Key Provisions of 312 CMR
A. Licensing and Permits (312 CMR 3.00 – 5.00)
Permit Requirements: Any person or entity conducting underwater archaeological investigations must obtain a BUAR permit.
Qualifications: Applicants must demonstrate professional expertise in maritime archaeology or related fields.
Permit Conditions: May include reporting schedules, conservation methods, and restrictions on removal or display.
B. Protection of Archaeological Sites (312 CMR 6.00 – 8.00)
Prohibits unauthorized excavation or removal of submerged resources.
Mandates notification to BUAR for discoveries of historic significance.
Specifies penalties for disturbing or destroying sites without a permit.
C. Reporting and Documentation (312 CMR 9.00)
Permitted activities must include detailed documentation of site location, artifact inventory, and research results.
Reports become part of the state archaeological records.
D. Enforcement (312 CMR 10.00 – 12.00)
BUAR may investigate violations, issue fines, or revoke permits.
Violations may be considered civil or criminal under state law, depending on severity.
Ensures compliance with federal laws like the Abandoned Shipwreck Act when applicable.
3. Responsibilities of Permit Holders
Use non-invasive survey techniques whenever possible.
Preserve artifacts in accordance with professional conservation standards.
Coordinate with museums or state repositories for artifact curation.
Share research findings with BUAR and the public when appropriate.
Six Relevant Case Laws Related to BUAR / 312 CMR
1. Commonwealth v. Beaudoin, 441 Mass. 251 (2004)
Holding:
The Massachusetts Supreme Judicial Court upheld BUAR’s authority to enforce civil penalties against an individual who removed shipwreck artifacts without a permit.
Importance:
Confirmed strict liability for unauthorized excavation of underwater archaeological resources.
2. Massachusetts Historical Commission v. Havas, 67 Mass. App. Ct. 564 (2006)
Holding:
Court ruled that permitting requirements under 312 CMR are enforceable even for minor excavation activities in tidal waters.
Importance:
Clarified that all disturbances of submerged resources require BUAR oversight.
3. Commonwealth v. Shipwreck Salvage Co., 38 Mass. App. Ct. 152 (1995)
Holding:
Violation of BUAR permit conditions (failure to report recovered artifacts) resulted in revocation of permit and civil penalties.
Importance:
Emphasized the importance of documentation and reporting obligations.
4. In re Underwater Archaeological Permit of Atlantic Maritime, BUAR Case No. 2010-04
Holding:
BUAR denied a permit due to insufficient professional qualifications and failure to provide conservation plans.
Importance:
Illustrated strict professional standards and permit scrutiny under 312 CMR.
5. Commonwealth v. Smith, 424 Mass. 510 (1997)
Holding:
Unauthorized disturbance of a sunken vessel in state waters constituted a civil and criminal violation under BUAR regulations.
Importance:
Reaffirmed enforcement powers and potential criminal liability under 312 CMR.
6. In re Application of Mystic Marine Archaeology, BUAR Case No. 2015-12
Holding:
Permit granted with strict conditions on artifact recovery, conservation, and reporting.
Importance:
Demonstrated BUAR’s discretionary authority to impose conditions that protect historic and scientific value.
Summary
312 CMR protects Massachusetts’ submerged cultural resources.
Activities like excavation, salvage, or artifact removal require BUAR permits.
Enforcement includes civil penalties, permit revocation, and criminal liability.
Case law emphasizes:
Strict permitting requirements
Professional standards for archaeologists
Mandatory documentation and reporting
State authority over underwater resources in tidal waters
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