Unmarked Human Burial Excavation Permits

There are two types of unmarked human burial excavation permits, an Annual Human Burial Excavation Permit, and a project-specific Human Burial Excavation Permit.

The Annual Human Burial Excavation Permit is the most common permit issued by the CPRC for the excavation, removal, or collection of human remains from an unmarked human burial ground located state or private land within the state of New Mexico. This type of permit is recommended for consultants who conduct numerous archaeological excavations throughout the year or for the consultant who would like to provide his or her services should an unmarked human burial be discovered outside the context of a planned excavation project.

Unmarked human burials are considered to include all associated material objects and artifacts interred with the human remains. Permit holders are required to notify appropriate law enforcement authorities and the Office of the Medical Investigator to determine if the remains have medicolegal significance before removing or disturbing the remains. Permit holders are also required to submit a proposed disposition plan following the recovery of human remains for approval by the permitting authority. There is no application fee for this type of permit. Instructions on how to prepare and submit an application for an annual human burial excavation permit are contained in the Annual Human Burial Excavation Permit Application and Instructions for Filing.

The Human Burial Excavation Permit is a project-specific permit issued by the CPRC to qualified applicants for the excavation of human remains in a specific unmarked burial ground described in the permit application. This permit is recommended for those who are planning a project specific excavation and do not otherwise wish to hold an annual human burial excavation permit. The requirements for notification of local law enforcement authorities and submission of a disposition plan for recovered human remains are the same as for annual human burial excavation permits. There is no application fee for this type of permit. Instructions on how to prepare and submit an application for a human burial excavation permit are contained in the Human Burial Excavation Permit Application.

If you would like additional information about the human burial permit application process and permit administration, please read the Historic Preservation Division's regulation 4.10.11, Issuance of Permits to Excavate Unmarked Human Burials in the State of New Mexico, which you can download in PDF format.