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Jurassic Law: South Carolina’s Paleontology and its connection with the Legal Field

A brief analysis of several state and federal laws regarding paleontology and archaeology and its possible implications in the legal field.

Recreational Paleontology and Archaeology in South Carolina

            South Carolina is one of the only few states that require a “Hobby License” for collecting archaeological and paleontological finds in submerged sites. S.C. Code Ann. § 54-7-670. State jurisdiction begins at the mean low water mark and includes coastal waters and all inland navigable and formerly navigable waters such as rivers, creeks, and canals. Id. The State also has jurisdiction of offshore waters out to three statute miles. In-state applicants can pay $5.00 for a 6-month license or $18.00 for a 2-year license. The South Carolina Institute of Archelogy and Anthropology (SCIAA) has the right to revoke any license or deny renewal to any licensees if they violate § 54-7-670, the statute governing the issuing of Hobby Licenses.

            The commercial sale of any find recovered under the Hobby License program is prohibited by S.C. Code Ann. § 54-7-670 (2020). Instead, separate licenses can be acquired for commercial purposes. All finds must be removed by hand, and no more than ten artifacts may be recovered from a shipwreck site per day. SCIAA defines artifacts as "any object 50 years or older that was made, altered, or used by man. Bottles, ceramics, coins, tobacco pipes, artillery, and stone projectile points are all artifacts."

Geologic Map of South Carolina (Source: SC Department of Natural Resources)

SCDNR Geologic MapSouth Carolina geologic area map

Click on the map image to view an interactive map at the DNR website.