Arkansas: artifacts

Private land: Knowingly digging up an artifact on another person's private land without the owner's permission is a Class B misdemeanor (Class D felony over $1,000); merely removing an artifact without permission is a Class C misdemeanor. Collecting by the landowner or with landowner permission is lawful. (Ark. Code § 13-6-307.) The landowner's permission is the baseline everywhere; Arkansas's statute says how it must be given.

State land — Prohibited: The state reserves to itself the exclusive right of field archeology on sites owned or controlled by the state; materials from state lands are state property. Excavating or recovering artifacts from a designated state archeological landmark by anyone other than the Arkansas Archeological Survey or its designated agent is a Class B misdemeanor, or a Class D felony if value/restoration cost exceeds $1,000 (higher for repeat offenses). (Ark. Code §§ 13-6-301, 13-6-305, 13-6-306.) ARPA §470ee(c) makes the interstate sale of anything taken against state law a federal offence, so a dealer in another state is bound by this rule too.

Navigable waters and submerged lands — Unclear: No provision specific to riverbeds or submerged lands was found in Title 13, Chapter 6; the definitions section (13-6-302) does not mention navigable stream beds. Treat state-owned bottoms as covered by the general state-land reservation only if state ownership is established.

Burials: Intentionally or knowingly desecrating a burial ground or associated burial furniture is a Class D felony (Class C for repeat offenses); grave markers, caskets or casket hardware in the ground raise a presumption that burial furniture and remains are present. Landowners and farm tenants are exempt for incidental disturbance during lawful activities. (Ark. Code § 13-6-408 (Acts 1991 No. 753 and 1999 No. 1533).) Funerary objects are also NAGPRA cultural items under federal law and cannot be sold at all.

Sale: Knowingly buying, selling or bartering human skeletal burial remains or their associated burial furniture is a Class D felony (Class C on repeat), with exceptions for collections lawfully obtained before July 15, 1991 and for collection by landowners or those with landowner permission. No statute found barring sale of ordinary surface-collected artifacts. (Ark. Code § 13-6-406.)

This article is generated from Stratum's state table as of 2026-09-20, from the statute pages listed below. It states the rule as written; it is not legal advice. Verify locally before relying on a permit route, and treat any penalty figure as a spot-check item.