Marin County Municipal Code Ch. 5.32 Excavating Indian Middens

In Marin County there exist certain deposits of shells and other materials in mounds hereinafter referred to as Indian middens, believed to have been deposited by Indians in the distant past. The middens may be of inestimable value in formulating the early history of the county and the habits of Indians when the middens are studied under the supervision of qualified archaeologists. Uncontrolled excavations into the aforesaid middens for commercial purposes without regard to their possible historical and archaeological values are destructive of the archaeological integrity of the sites.

(Ord. 1589 § 1, 1967)

It is unlawful for any person, firm, corporation or copartnership to knowingly disturb in any fashion whatsoever, or excavate, or cause to be disturbed or excavated any Indian midden without a permit being issued therefor by the department of public works.

(Ord. 1589 § 2, 1967)

Upon receiving written application therefor, the board of supervisors shall designate an institution of higher learning, or an association having as one of its major purposes the study of Indian relics or sites having archaeological significance, as a liaison agency between the department of public works and institutions of higher learning or associations, having as one of their purposes the study the objects of archaeological significance.

(Ord. 1589 § 3, 1967)

Application for a permit to excavate Indian middens shall be in a form acceptable to the director of public works, and may be made by the owner of the middens or a person authorized in writing by the owner, to make the application. The permit shall state whether the excavation is for either archaeological or nonarchaeological purposes.

(Ord. 1825 § 1, 1971: Ord. 1589 § 4, 1967)

Upon receipt of an application for the excavation of an Indian midden, the director of public works or his designee shall forward the application to the liaison agency designated by the board of supervisors pursuant to Section 5.32.030. Within five days of the receipt of the application, the liaison agency so designated shall notify the director of public works whether the midden for which application is made for excavation is of archaeological significance. If the designee certifies that the midden is not of archaeological significance, a permit shall be issued to the applicant upon the receipt of the certificate.

(Ord. 1589 § 5, 1967)

In the event the liaison agency certifies that the midden for which application for excavation is made is of archaeological significance, the director of public works may issue a permit, but shall subject the permit to conditions including but not limited to the following:

A. Prior to nonarchaeological excavation or removal of materials from the middens, the permittee shall not excavate for a period of sixty days in order to allow archaeological excavation of the site;

B. The permittee or owner of the property shall be required to grant a license for the excavation, identification, and classification of artifacts and proper scientific analysis of materials having historical or archaeological significance to recognized institutions of higher learning or associations having as their major purpose the study of Indian relics and other sites having archaeological value. The terms of the license shall be such as are agreed to by the prospective licensee and property owner.

(Ord. 1825 § 2, 1971: Ord. 1589 § 6, 1967)

Any act done under the authority of a written permit issued hereunder shall be in accordance with the terms and conditions of the permit.

(Ord. 1589 § 7, 1967)

Any person violating the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Section 1.04.270. In the event of a continuing violation, each day that the violation continues constitutes a separate and distinct offense.

(Ord. 1589 § 9, 1967)