The City contains many historical and archaeological areas of international, national, and local importance, from all period of history, including pre-Columbian Indian villages, and British settlements. No individual shall be allowed to disturb or remove artifacts from public property without the written permission of the City Archaeologist, the City Manager, or his or her designee (§50-13[f], Code of Ordinances).
The conduct of any digging, excavating, or other such ground altering activities on or below the ground surface, which impact more than 25 square feet either separately or cumulatively, on property owned in fee or maintained by the City of New Smyrna Beach, and any property dedicated to the public use, shall be in compliance with the following regulations (§50-13[e], Code of Ordinances):
- All proposed disturbances on City-owned or maintained property, including but not limited to those by the Utilities Commission, telephone, cable, and gas companies, the Department of Transportation, City contractors, and City subcontractors shall be reported to the City Archaeologist before those disturbances take place.
- Within archaeological zones I and II, disturbances on City-owned or maintained properties shall be subject to intensive archaeological salvage excavations, to be conducted by the City Archaeologist prior to any underground disturbance, building construction, or utility excavation, and paid for by the entity initiating the disturbance. The extent of the archaeological salvage excavations by the City Archaeologist will be dependent on the extent of the proposed area of construction disturbance and the significance of the archaeological resource.
- Within archaeological zones I and II, the City Archaeologist will be authorized to delay the proposed construction work or major disturbance for up to four weeks. The City Manager, or his or her designee may grant additional time, if needed. Early notification of and by the City Archaeologist, prior to any disturbances occurring, may minimize or eliminate the need for work delays. The applicant will be informed of any delays.
- Where the City Building Official determines that there are emergency situations or conditions dangerous to life, health, or property, the City Building Official may order the remedying of the situation or condition and shall promptly notify the City Archaeologist and the City Manager, and shall not be subject to the regulations of this chapter.
Ownership of Artifacts
Artifacts uncovered, recovered, or discovered during testing, salvage archaeology, excavation, or monitoring of City-owned or maintained properties shall remain the property of the City. If additional archaeological testing or excavation by the City Archaeologist is permitted within areas outside the proposed disturbances and artifacts uncovered, the City shall obtain written permission from the property owner to analyze, catalog, record, and conserve the artifacts for long-term storage, care, protection, and preservation (§50-13[g], Code of Ordinances).
Curation of Artifacts
Artifacts uncovered, recovered, or discovered during testing, salvage archaeology, excavation, or monitoring shall be washed, if the City Archaeologist deems appropriate, cataloged, analyzed, recorded, and conserved by the City Archaeologist. The Southeast Volusia Historical Society, Inc. will be the repository for artifacts discovered on City-owned or maintained properties. (§50-13[h], Code of Ordinances).
Human skeletal remains, uncovered, recovered, or discovered during testing, salvage archaeology, excavation, or monitoring shall be coordinated with the local medical examiner, the City, City Archaeologist, and the State Archaeologist. Such remains shall be dealt with in accordance with the provisions of Chapter 872, Florida Statutes, and are not subject to private ownership. Such material shall be sensitively treated and, following its analysis by a physical anthropologist, shall be curated at a designated repository or appropriately buried (§50-13[i], Code of Ordinances).
City Archaeologist means the individual or group in charge of assessing the archaeological resources of New Smyrna Beach and directing or coordinating, monitoring, testing, and salvage excavations of these resources. The individual may either be a City employee, or may be an individual or corporation employed on a contract basis to perform the duties of the City Archaeologist. (§50-13[b], Code of Ordinances).
The City Manager or his or her designee shall appoint a City Archaeologist who shall meet the City's requirements and the standards for membership by the Register of Professional Archaeologists and shall have a demonstrated background in historic and prehistoric archeology. The City Archaeologist shall review all applicable ground disturbances on City-owned or maintained property in archaeological zones I and II; shall conduct such testing, excavations, or monitoring as shall be required by this chapter; shall prepare or oversee preparation of a final report on all projects, which report shall meet the guidelines established for archaeological reports by the department of state, division of historical resources, and be in accordance with the Cultural Resource Management Standards and Operations Manual; shall record archaeological sites and develop strategies for preservation of the archaeological resources of New Smyrna Beach; and shall participate in the planning state of applicable projects, to minimize the potential impacts on archaeological sites by any activities proposed for such sites; and shall maintain and update the archaeological base map; and shall advise the City Manager concerning archaeological issues (§50-13[j], Code of Ordinances).