# 17 Ill. Adm. Code 4190.104: Section 4190.104 Unexpected Discovery of Archaeological and Paleontological Resources on Public Lands

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T17_P4190_S4190_104

## Section

- **Citation:** 17 Ill. Adm. Code 4190.104
- **Heading:** Section 4190.104 Unexpected Discovery of Archaeological and Paleontological Resources on Public Lands
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 17 CONSERVATION / CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES / Part 4190 THE PROTECTION, TREATMENT, AND INVENTORY OF ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES ON PUBLIC LANDS / Section 4190.104 Unexpected Discovery of Archaeological and Paleontological Resources on Public Lands

## Text

Section 4190
Section 4190.104  Unexpected
Discovery of Archaeological and Paleontological Resources on Public Lands
a)         Notification of Department.  Any person knowing or having
reasonable grounds to believe that archaeological or paleontological resources
protected by the Act are being disturbed, destroyed, defaced, mutilated,
removed, excavated or exposed shall, as soon as possible, notify the Director
and a local representative of the responsible land-managing agency.
b)         Discovery of an Unregistered Grave Over 100 Years Old or an
Unmarked Burial Site.  Pursuant to the Human Skeletal Remains Protection Act
[20 ILCS 3440], any activity that has disturbed or may disturb burial remains,
a grave, any grave marker (including a mound), or any grave artifacts shall
cease immediately upon discovery.  The land managing agency and the Illinois Department
of Natural Resources shall be contacted immediately.  If human skeletal remains
have been disturbed or discovered, the county coroner must be notified within
48 hours.  If the coroner determines the site is not a crime scene, then
jurisdiction shall be under the Human Skeletal Remains Protection Act and under
17 Ill. Adm. Code 4170, as applicable.  No activity that affects the location
of burial remains, a grave, a grave marker (including a mound), or grave
artifacts may resume without authorization.
c)         Notification of Owner of Record of Statutory Requirements
roner determines the site is not a crime scene, then
jurisdiction shall be under the Human Skeletal Remains Protection Act and under
17 Ill. Adm. Code 4170, as applicable.  No activity that affects the location
of burial remains, a grave, a grave marker (including a mound), or grave
artifacts may resume without authorization.
c)         Notification of Owner of Record of Statutory Requirements.
1)         If a disturbance or impending disturbance of archaeological or
paleontological resources is reported to the Director by a person other than
the owner of record, the Director shall notify the owner of record of the site,
by telephone or other telecommunications media if possible and by letter with
delivery receipt service, of the reported or impending disturbance of the
archaeological and paleontological resources, the requirement that a permit be
obtained prior to such disturbance and the liabilities and penalties upon the
owner of record for any violation of the Act.
2)         In instances where the disturbance or impending disturbance of
an archaeological or paleontological site for which specific legal boundaries
have not been determined is reported to the Director, the Director may require
all activity that may disturb the site to cease until the type of resources and
specific legal boundaries can be determined in a method approved by the
Director.  Such activities shall not resume unless specifically authorized by
the Director.

## Nearby sections

- [17 Ill. Adm. Code 4190.101 Section 4190.101  Purpose of Rules](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T17_P4190_S4190_101.md)
- [17 Ill. Adm. Code 4190.102 Section 4190.102  Definitions](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T17_P4190_S4190_102.md)
- [17 Ill. Adm. Code 4190.103 Section 4190.103  Coordination With Other Statutes](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T17_P4190_S4190_103.md)
- [17 Ill. Adm. Code 4190.104 Section 4190.104  Unexpected Discovery of Archaeological and Paleontological Resources on Public Lands](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T17_P4190_S4190_104.md)
- [17 Ill. Adm. Code 4190.105 Section 4190.105  Review of Final Reports](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T17_P4190_S4190_105.md)
- [17 Ill. Adm. Code 4190.106 Section 4190.106  Custody and Curation](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T17_P4190_S4190_106.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T17_P4190_S4190_104. Check the current official text before relying on it. Not legal advice.