Virginia Cave Law as of 2007
§ 10.1-1000.
Definitions.
As used in this chapter, unless the context requires a
different meaning:
"Board" means the Cave Board.
"Cave" means any naturally occurring void, cavity,
recess, or system of interconnecting passages beneath the surface of the earth
or within a cliff or ledge including natural subsurface water and drainage
systems, but not including any mine, tunnel, aqueduct, or other man-made
excavation, which is large enough to permit a person to enter. The word
"cave" includes or is synonymous with cavern, sinkhole, natural pit,
grotto, and rock shelter.
"Cave life" means any rare or endangered animal or
other life form which normally occurs in, uses, visits, or inhabits any cave or
subterranean water system.
"Commercial cave" means any cave utilized by the
owner for the purposes of exhibition to the general public as a profit or
nonprofit enterprise, wherein a fee is collected for entry.
"Gate" means any structure or device located to
limit or prohibit access or entry to any cave.
"Material" means all or any part of any
archaeological, paleontological, biological, or
historical item including, but not limited to, any petroglyph,
pictograph, basketry, human remains, tool, beads, pottery, projectile point,
remains of historical mining activity or any other occupation found in any
cave.
"Owner" means a person who owns title to land
where a cave is located, including a person who owns title to a leasehold
estate in such land, and including the Commonwealth and any of its agencies,
departments, boards, bureaus, commissions, or authorities, as well as counties,
municipalities, and other political subdivisions of the Commonwealth.
"Person" means any individual, partnership, firm,
association, trust, or corporation or other legal entity.
"Sinkhole" means a closed topographic depression
or basin, generally draining underground, including, but not restricted to, a doline, uvala, blind valley, or
sink.
"Speleogen" means an erosional feature of the cave boundary and includes or is
synonymous with anastomoses, scallops, rills, flutes,
spongework, and pendants.
"Speleothem" means a
natural mineral formation or deposit occurring in a cave. This includes or is
synonymous with stalagmite, stalactite, helectite,
shield, anthodite, gypsum flower and needle, angel's
hair, soda straw, drapery, bacon, cave pearl, popcorn (coral), rimstone dam, column, palette, flowstone, et cetera. Speleothems are commonly composed of calcite, epsomite, gypsum, aragonite, celestite,
and other similar minerals.
(1979, c. 252, § 10-150.12; 1988, c. 891.)
§ 10.1-1001. Cave Board; qualifications; officers.
A. The Cave Board is continued
within the Department of Conservation and Recreation and shall consist of the
Director of the Department of Historic Resources, or his designee, serving in
an ex officio capacity and eleven citizens of
B. The Cave Board shall meet at
least three times a year. Six members shall constitute a quorum for the
transaction of business. The Board shall annually elect a chairman,
vice-chairman and recording secretary and such other officers as the Board
deems necessary.
(1979, c. 433, §§ 9-152.1, 9-152.2; 1980,
c. 745; 1984, c. 750; 1985, c. 448; 1988, c. 891; 1989, c. 656.)
§ 10.1-1002. Powers and duties of Cave
Board.
A. The Cave Board may perform all
tasks necessary to carry out the purposes of this chapter, including the
following:
1. Accept any gift, money, security or other source of
funding and expend such funds to effectuate the purposes of this chapter.
2. Serve as an advisory board to any requesting state agency
on matters relating to caves and karst.
3. Conduct and maintain an inventory of publicly owned caves
in
4. Provide cave management expertise and service to
requesting public agencies and cave owners.
5. Maintain a current list of all significant caves in
6. Provide cave data for use by state and other governmental
agencies.
7. Publish or assist in publishing articles, pamphlets,
brochures or books on caves and cave-related concerns.
8. Facilitate data gathering and research efforts on caves.
9. Advise civil defense authorities on the present and
future use of
10. Advise on the need for and desirability of a state cave
recreation plan.
11. Inform the public about the value of cave resources and
the importance of preserving them for the citizens of the Commonwealth.
B. The Cave Board shall have the
duty to:
1. Protect the rare, unique and irreplaceable minerals and
archaeological resources found in caves.
2. Protect and maintain cave life.
3. Protect the ground water flow which naturally occurs in
caves from water pollution.
4. Protect the integrity of caves that have unique
characteristics or are exemplary natural community types.
5. Make recommendations to interested state agencies
concerning any proposed rule, regulation or administrative policy which
directly affects the use and conservation of caves in this Commonwealth.
6. Study any matters of special concern relating to caves
and karst.
(1979, c. 252, § 10-150.11; 1979, c. 433,
§§ 9-152.1, 9-152.3 to 9-152.5; 1980, c. 745; 1984, cc. 734, 750; 1985, c. 448;
1988, c. 891.)
§ 10.1-1003. Permits for excavation and scientific
investigation; how obtained; penalties.
A. In addition to the written permission of the owner
required by § 10.1-1004 a permit shall be obtained from the Department of
Conservation and Recreation prior to excavating or removing any archaeological,
paleontological, prehistoric, or historic feature of
any cave. The Department shall issue a permit to excavate or remove such a
feature if it finds with the concurrence of the Director of the Department of
Historic Resources that it is in the best interest of the Commonwealth and that
the applicant meets the criteria of this section. The permit shall be issued
for a period of two years and may be renewed upon expiration. Such permit shall
not be transferable; however, the provisions of this section shall not preclude
any person from working under the direct supervision of the permittee.
B. All field investigations, explorations, or recovery
operations undertaken under this section shall be carried out under the general
supervision of the Department and in a manner to ensure that the maximum amount
of historic, scientific, archaeologic, and
educational information may be recovered and preserved in addition to the
physical recovery of objects.
C. A person applying for a permit pursuant to this section
shall:
1. Be a historic, scientific, or educational institution, or
a professional or amateur historian, biologist, archaeologist or
paleontologist, who is qualified and recognized in these areas of field
investigations.
2. Provide a detailed statement to the Department giving the
reasons and objectives for excavation or removal and the benefits expected to
be obtained from the contemplated work.
3. Provide data and results of any completed excavation,
study, or collection at the first of each calendar year.
4. Obtain the prior written permission of the owner if the
site of the proposed excavation is on privately owned land.
5. Carry the permit while exercising the privileges granted.
D. Any person who fails to obtain a permit required by
subsection A hereof shall be guilty of a Class 1 misdemeanor. Any violation of
subsection C hereof shall be punished as a Class 3 misdemeanor, and the permit
shall be revoked.
E. The provisions of this section shall not apply to any
person in any cave located on his own property.
(1979, c. 252, § 10-150.16; 1982, c. 81; 1984, c. 750; 1988, c. 891; 1989, c. 656.)
§ 10.1-1004. Vandalism; penalties.
A. It shall be unlawful for any person, without express,
prior, written permission of the owner, to:
1. Break, break off, crack, carve upon, write, burn, or
otherwise mark upon, remove, or in any manner destroy, disturb, deface, mar, or
harm the surfaces of any cave or any natural material which may be found
therein, whether attached or broken, including speleothems,
speleogens, and sedimentary deposits. The provisions
of this section shall not prohibit minimal disturbance for scientific
exploration.
2. Break, force, tamper with, or otherwise disturb a lock,
gate, door, or other obstruction designed to control or prevent access to any
cave, even though entrance thereto may not be gained.
3. Remove, deface, or tamper with a sign stating that a cave
is posted or citing provisions of this chapter.
4. Excavate, remove, destroy, injure, deface, or in any
manner disturb any burial grounds, historic or prehistoric resources,
archaeological or paleontological site or any part
thereof, including relics, inscriptions, saltpeter workings, fossils, bones,
remains of historical human activity, or any other such features which may be
found in any cave, except those caves owned by the Commonwealth or designated
as Commonwealth archaeological sites or zones, and which are subject to the
provisions of the Virginia Antiquities Act (§ 10.1-2300 et seq.).
B. Entering or remaining in a cave which has not been posted
by the owner shall not by itself constitute a violation of this section.
C. Any violation of this section shall be punished as a
Class 1 misdemeanor.
D. The provisions of this section shall not apply to an
owner of a cave on his own property.
(1979, c. 252, § 10-150.13; 1982, c. 81; 1988, c. 891.)
§ 10.1-1005. Pollution; penalties.
A. It shall be unlawful for any person, without express,
prior, written permission of the owner, to store, dump, litter, dispose of or
otherwise place any refuse, garbage, dead animals, sewage, or toxic substances
harmful to cave life or humans, in any cave or sinkhole. It shall also be
unlawful to burn within a cave or sinkhole any material which produces any smoke
or gas which is harmful to any naturally occurring organism in any cave.
B. Any violation of this section shall be punished as a
Class 1 misdemeanor.
(1979, c. 252, § 10-150.14; 1982, c. 81; 1988, c. 891.)
§ 10.1-1006. Disturbance of naturally
occurring organisms; scientific collecting permits; penalties.
A. It shall be unlawful to remove, kill, harm, or otherwise
disturb any naturally occurring organisms within any cave, except for safety or
health reasons; however, scientific collecting permits may be obtained from the
Department.
B. Any violation of this section shall be punished as a
Class 3 misdemeanor.
(1979, c. 252, § 10-150.15; 1988, c. 891.)
§ 10.1-1007.
It shall be unlawful for any person to sell or offer for
sale any speleothems in this Commonwealth, or to
export them for sale outside the Commonwealth. Any violation of this section
shall be punished as a Class 1 misdemeanor.
(1979, c. 252, § 10-150.17; 1982, c. 81; 1988, c. 891.)
§ 10.1-1008. Liability of owners and agents limited;
sovereign immunity of Commonwealth not waived.
Neither the owner of a cave nor his authorized agents acting
within the scope of their authority are liable for injuries sustained by any
person using the cave for recreational or scientific purposes if no charge has
been made for the use of the cave, notwithstanding that an inquiry as to the
experience or expertise of the individual seeking consent may have been made.
Nothing in this section shall be construed to constitute a
waiver of the sovereign immunity of the Commonwealth or any of its boards,
departments, bureaus, or agencies.
(1979, c. 252, § 10-150.18; 1988, c. 891.)