Under Massachusetts General Law Chapter 6, sections 179-180, and Chapter 91, section 63, BUAR is charged with the responsibility of encouraging the discovery and reporting, as well as the preservation and protection, of underwater archaeological resources. Generally, those resources are defined as abandoned property, artifacts, treasure troves, and shipwrecks that have remained unclaimed for over 100 years, or exceed a value of $5,000, or are judged by BUAR to be of historical value. The Commonwealth holds title to these resources and retains regulatory authority over their use. BUAR's jurisdiction extends over the inland and coastal waters of the state.
BUAR statutes and related laws, and their links:
- MGL Ch 6, s 179: Board of underwater archaeological resources; members; terms; director; staff.
- MGL Ch 6, s 180: Powers and duties in preserving underwater archaeological resources; state title; definition.
- MGL Ch 91, s 63: Salvage, recovery, etc. of underwater archaeological resources; permits; restrictions; disposition of resources; enforcement; violations; penalties; jurisdiction and venue.
- MGL Ch 9, s 26: Massachusetts historical commission; establishment.
- MGL Ch 12, s 11D: Division of environmental protection.
- MGL Ch 30, s 61: Determination of impact by agencies; damages to environment; prevention or minimization; foreseeable climate change impacts; definition applicable to this section and Sec. 62.
No person may remove, displace, damage or destroy any underwater archaeological resource except in conformity with permits issued by BUAR. Permit requirements and standards are outlined in the BUAR Regulations (312 CMR 2.0).
Laws related to scuba diving in Massachusetts waters:
- Scuba divers and skin divers; access to Commonwealth tidelands - Beach Access: MGL C. 91, Section 10D
- Scuba divers; display of diver's flag required - Dive Flag Requirement: C.90B, section 13A (dive flag)