Georgia: artifacts

Private land: Surface collection of exposed artifacts on dry land is permitted, but digging, probing or otherwise disturbing an archaeological site on private land requires the landowner's written permission and prior notice to the state archaeologist; violation is a misdemeanor and possession of an artifact collected after July 1, 2001 without written owner permission is evidence of unlawful removal, subject to confiscation. (O.C.G.A. § 12-3-621.) The landowner's permission is the baseline everywhere; Georgia's statute says how it must be given.

State land — Permit required: The state reserves the exclusive right to archaeological exploration, excavation or surveying on state-owned or state-controlled land (except Board of Regents property); private persons and institutions may work only under a permit or contract from the Department of Natural Resources, and finds must be reported within two business days. DNR's own FAQ states surface collecting, digging and metal detecting on state property are not legal. (O.C.G.A. § 12-3-52.) 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 — State property: Submerged cultural resources (sites, artifacts and 50-year-old wrecks) in the Atlantic within three miles and in navigable waters are under the exclusive control of the state; investigation or recovery requires a permit administered by the Board of Natural Resources. DNR's collecting FAQ says artifacts may not be taken off the bottom of state-owned waters. (O.C.G.A. §§ 12-3-80, 12-3-82.)

Burials: Wantonly or maliciously removing human remains from a grave or disturbing the contents of a burial site, or possessing unlawfully obtained remains, is a felony (1 to 5 years); disturbance of remains must be reported to law enforcement and work stopped until permits are obtained. Human remains and burial objects are excluded from the surface-collection allowance. (O.C.G.A. §§ 31-21-44, 31-21-6, 12-3-621.) Funerary objects are also NAGPRA cultural items under federal law and cannot be sold at all.

Sale: No statute found that directly restricts sale of artifacts; however possession of artifacts collected after July 1, 2001 without the landowner's written permission is evidence of unlawful removal and such artifacts are subject to confiscation and return to the owner. (O.C.G.A. § 12-3-621.)

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.