(a) Generally. Development shall avoid disturbance of significant archaeological resources listed on the Maryland Inventory of Archaeological Resources. If the Office of Planning and Zoning determines that there is a known or high potential for the existence of an archaeological resource on a property, the developer shall have a "Phase I" preliminary or intensive archaeological survey conducted, as required by the Office of Planning and Zoning. If an archaeological site is found as a result of a "Phase I" investigation, the developer shall conduct a Phase II survey to determine the extent of the site and the level of its significance.
(b) Significant resource. If the Office of Planning and Zoning determines that an archaeological resource is significant, the developer shall:
(1) plan development to preserve or mitigate adverse impacts to the resource and execute and deliver to the Office of Planning and Zoning a preservation easement to protect it; or
(2) with approval from the Office of Planning and Zoning, impact the resource and conduct an approved data recovery investigation or "Phase III" study before commencing development.
(Bill No. 3-05; Bill No. 59-10)