The Texas Antiquities Code, codified at Chapter 191 of the Texas Natural Resources Code, protects archaeological sites, historic buildings, shipwrecks, and historically significant artifacts located on land owned or controlled by the state or its political subdivisions.1Texas Historical Commission. Antiquities Code of Texas Before any ground-disturbing work on that land, or any work affecting a state-owned historic building, the responsible entity must notify the Texas Historical Commission, and in many cases obtain a permit before starting.
What the Code Covers and Where It Applies
The code reaches land owned or controlled by the state and by every political subdivision beneath it: cities, counties, school districts, river authorities, and municipal utility districts.1Texas Historical Commission. Antiquities Code of Texas On those lands, the protected resources include prehistoric and historic Native American campsites and habitation sites, archaeological sites of every type, treasure embedded in the earth, sunken or abandoned ships, historic buildings, and artifacts or documents related to Texas history, prehistory, or culture.2State of Texas. Texas Natural Resources Code Chapter 191 – Antiquities Code Shipwrecks dating before the twentieth century that lie within state-controlled waters, including tidelands and submerged lands, are automatically included.
Private land is generally exempt. The one significant exception is when a site on private property is formally designated as a State Antiquities Landmark, which pulls the owner into the same permit system that applies to government entities.
The code also draws a line between two tiers of protection. Resources that simply exist on public land trigger notification and review. Resources formally designated as State Antiquities Landmarks carry stricter permit and protection obligations.
State Antiquities Landmark Designation
A State Antiquities Landmark is the code’s strongest protective designation. To qualify, a resource must show significant value for the study of Texas history or prehistory, and the Texas Historical Commission evaluates its integrity and its potential to yield meaningful historical or educational data.3Texas Historical Commission. State Antiquities Landmarks
Historic buildings and other aboveground structures face an extra threshold: they must be listed on the National Register of Historic Places before they can receive landmark designation. Archaeological sites do not have that prerequisite.3Texas Historical Commission. State Antiquities Landmarks Separately, state agencies must notify the commission at least 60 days before modifying or demolishing any building that is 50 years old or older, regardless of landmark status.1Texas Historical Commission. Antiquities Code of Texas
A site on private land can receive landmark designation by a majority vote of the commission. Once designated, the status is recorded in the local county deed records, the owner becomes subject to the same permit requirements as a government entity, and the protection runs with the land through future ownership changes.4State of Texas. Texas Natural Resources Code 191.094 – Designating a Landmark on Private Land Landmarks designated under the code are the sole property of the state, so unauthorized removal of artifacts from a designated site amounts to taking state property.
When You Need a Permit and How to Get One
No one may begin work that could disturb a State Antiquities Landmark without first obtaining a permit from the Texas Historical Commission. Before a permit is even on the table, the property owner or project sponsor has to notify the commission about the proposed project.5Texas Historical Commission. Antiquities Permits
Professional oversight is built into the process. Depending on the project, either a qualified archaeologist or a qualified architect must supervise the permitted work, and those professionals typically need to meet the Secretary of the Interior’s Professional Qualification Standards for education and experience.6Department of the Interior. Professional Qualification Standards
If the commission determines a permit is needed, staff provide the application form and specify which attachments and reports are required. Forms for archaeology, underwater archaeology, and historic building permits are also available on the commission’s website. The applicant selects the permit category that matches the proposed work. Archaeology categories run from reconnaissance surveys and testing to data recovery and emergency permits; historic structure categories include preservation, rehabilitation, restoration, demolition, and new construction, among others.5Texas Historical Commission. Antiquities Permits
A complete application typically includes a detailed project description, specific location data, a research design explaining how the team will handle artifacts or structural components, and credentials for the supervising professionals. All historic building and structure permits also require a completion report before the permit expires.
Review Timing and When Work Can Start
After receiving a project notification, commission staff respond within 30 days, either confirming that a permit is needed and sending the application form or clearing the project to proceed.5Texas Historical Commission. Antiquities Permits Most projects move through in a single 30-day review, though complex ones may require additional information and take longer.7Texas Historical Commission. Project Review FAQ
Work cannot legally begin until the applicant holds a signed permit with an assigned permit number. Starting earlier is a violation of the code, no matter how routine the project seems. This is where agencies and developers most often run into trouble: the 30-day clock can feel slow against a tight schedule, but skipping ahead has real consequences.
If You Find Something Unexpected During Construction
Projects that cleared review still sometimes unearth archaeological material. When that happens, Texas law and standard permit conditions require an immediate response. All ground-disturbing work in the vicinity of the find must stop. The project sponsor must notify the Texas Historical Commission within 24 hours, and the discovery area must be secured to protect the resource’s integrity.
Human remains trigger additional steps. Work halts, the site is secured, and local law enforcement and the medical examiner must be contacted immediately, as required under Texas Health and Safety Code Chapter 711. No remains may be moved or collected until authorities and the commission authorize next steps. If the remains are determined to be Native American, the process may also involve consultation with federally recognized tribes and compliance with the Native American Graves Protection and Repatriation Act on any federal or tribal lands.8National Park Service. Discovery and Excavation on Federal or Tribal Lands On state or local public land that is not federal, the Texas Health and Safety Code governs the treatment and disposition of the remains.
The practical consequence is that an unexpected find can pause construction for weeks or longer. Experienced developers build buffer time into schedules for areas with known archaeological sensitivity.
Penalties for Violations
Violating any provision of the Texas Antiquities Code is a criminal misdemeanor. A conviction carries a fine between $50 and $1,000, up to 30 days in jail, or both.9State of Texas. Texas Natural Resources Code 191.171 – Criminal Penalty Each day a violation continues counts as a separate offense, so unauthorized excavation that drags on for two weeks could mean 14 individual charges.
The statutory fines are modest against the cost of most development projects. The real exposure comes from project delays, required restoration work, and civil action by the state to recover the costs of restoring a damaged landmark. For a large archaeological site, restoration and data recovery expenses can run far above the criminal fines.
Site Locations Are Confidential
One feature of the code catches people off guard: the exact locations of archaeological sites and landmarks are not public information. Section 191.004 exempts three categories of data from public disclosure:
- The specific location of any site designated as a State Antiquities Landmark.
- Information about the location or nature of any activity covered by a permit or permit application.
- Information from surveys conducted to locate state archaeological landmarks.
These restrictions exist to prevent looting and vandalism. An open records request for the location of a known archaeological site will be denied.10State of Texas. Texas Natural Resources Code 191.004 – Certain Information Not Public
When Federal Review Also Applies
Projects on state or local public land always require review under the Antiquities Code of Texas. If the same project involves federal funding, a federal permit, or federal land, it also triggers Section 106 of the National Historic Preservation Act, a separate federal review.11Texas Historical Commission. National Historic Preservation Act Under Section 106, the federal agency must consult with the State Historic Preservation Officer (the Texas Historical Commission fills that role in Texas) about potential effects on historic properties, and if the project could harm a historic resource, the agency and the commission must negotiate a mitigation agreement before the federal authorization issues.12Environmental Protection Agency. Appendix D – National Historic Preservation Act Eligibility Guidance A highway project with federal money or a development that needs a federal wetlands permit will have to satisfy both the state and federal reviews, sometimes in parallel and sometimes in sequence.