Cave Laws by State



The NSS's Conservation Division also has a large collection of cave and karst related laws.



Ohio


Section 1517.21; General Assembly: 117; Bill Number: Amended S.B. 177; Effective Date: 3/22/89

As used in sections 1517.21 to 1517.26 of the Revised Code: (A) "Cave" means a naturally occurring void, cavity, recess, or system of interconnecting passages beneath the surface of the earth or within a cliff or ledge, including, without limitation, a grotto, rock shelter, sinkhole, cavern, pit, natural well, pothole, or subsurface water and drainage system. (B) "Cave life" means any organism that naturally occurs in, uses, visits, or inhabits any cave, except those animals that are permitted to be taken under Chapter 1533. of the Revised Code. (C) "Material" includes: (1) Any speleothem, whether attached or broken, found in a cave; (2) Any clay or mud formation or concretion or sedimentary deposit found in a cave; (3) Any scallop, rill, or other corrosional or corrasional feature of a cave; (4) Any wall or ceiling of a cave or any other part of the speleogen. (D) "Owner" means any person having title to land in which a cave is located. (E) "Speleothem" means any stalactite, stalagmite, or other natural mineral formation or deposit occurring in a cave. (F) "Speleogen" means the surrounding material or bedrock in which a cave is formed, including walls, floors, ceilings, and similar related structural and geological components. (G) "Sinkhole" means a closed topographic depression or basin generally draining underground, including, without limitation, a blind valley, swallowhole, or sink. (H) "Hazard" means a risk of serious physical harm to persons or property.




Section 1517.22; General Assembly: 117; Bill Number: Amended S.B. 177; Effective Date: 03/22/89

The general assembly hereby finds that caves are uncommon geologic phenomena and that the minerals deposited in them may be rare and occur in unique forms of great beauty that are irreplaceable if destroyed. Also irreplaceable are the archeological resources in caves, which are of great scientific and historic value. It is further found that species of cave life are unusual and of limited numbers; that many are rare, threatened, or endangered species; and that caves are a natural conduit for groundwater flow and are highly subject to water pollution, thus having far-reaching effects transcending man's property boundaries. It is therefore declared to be the policy of the general assembly to protect these unique and great natural, historical, scientific, and cultural resources.




General Assembly: 117; Bill Number: Amended S.B. 177 ; Effective Date: 3-22-89

With the advice of the Ohio natural areas council created under section 1517.03 of the Revised Code, the chief of the division of natural areas and preserves shall: (A) Formulate policies and plans and establish a program incorporating them for the identification and protection of the state's cave resources and adopt, amend, or rescind rules in accordance with Chapter 119. of the Revised Code to implement that program; (B) Provide technical assistance and management advice to owners upon request concerning the protection of caves on their land.




Section 1517.24; General Assembly: 117; Bill Number: Amended S.B. 177; Effective Date: 3/22/89

(A) Without the express written permission of the owner and, if the owner has leased the land, without the express written permission of the lessee, no person shall knowingly: (1) Break, break off, crack, carve on, write on, mark on, burn, remove, or in any other manner destroy, deface, mark, or disturb the surfaces of any cave or any natural material found in any cave, whether attached or broken, including, without limitation, speleothems, speleogens, and sedimentary deposits; (2) Break, force, tamper with, or otherwise disturb any lock, door, gate, or other device designed to limit, control, or prevent access to or entry into a cave; (3) Remove, deface, or tamper with any posted sign giving notice against unauthorized access to or presence in a cave or citing any of the provisions of sections 1517.21 to 1517.26 or division (B) of section 1517.99 of the Revised Code; (4) Place refuse, garbage, dead animals, sewage, or toxic substances harmful to cave life or humans in a cave; (5) Burn within a cave any substance other than acetylene gas burned in a carbide lamp that produces smoke or gas that is harmful to cave life; (6) Use any door, gate, or other device designed to limit, control, or prevent access to or entry into a cave that does not allow free and unimpeded passage of air, water, and cave life; (7) Excavate or remove historic or prehistoric ruins, burial grounds, or archaeological or paleontological sites found in a cave, including, without limitation, saltpeter workings, relics, inscriptions, fossilized footprints, and bones; (8) Remove, kill, harm, or disturb any cave life found within a cave. (B) Without the express written permission of the owner and, if the owner has leased the land, without the express written permission of the lessee, no person shall purposely destroy, injure, or deface historic or prehistoric ruins, burial grounds, or archaeological or paleontological sites found in a cave, including, without limitation, saltpeter workings, relics, inscriptions, fossilized footprints, and bones.




Section 1517.25; General Assembly: 117; Bill Number: Amended S.B. 177; Effective Date: 3-22-89

No person shall sell or offer for sale speleothems collected from caves in this state.




Section 1517.26; General Assembly: 117; Bill Number: Amended S.B. 177; Effective Date: 3/22/89

(A) Owners and, if the owner has leased the land, the lessee, are not liable for injuries, death, or loss sustained by any permittee on their land if no charge has been made. By granting permission for entry, the owner or lessee does not: (1) Extend to the permittee any assurance that the premises are safe for such purposes; (2) Confer on the permittee the legal status of an invitee or licensee to whom a duty of care is owed; (3) Assume responsibility for or incur liability for any injury, death, or loss to person or property caused by an act or omission of a permittee. (B) This section does not limit the liability which otherwise exists for injury, death, or loss to persons or property caused by an act or omission of the owner or lessee as follows: (1) Negligent failure to warn the permittee against a hazard of which the owner or lessee had actual knowledge prior to the permittee's entry on the land; (2) Willful or wanton misconduct; (3) Intentionally tortious conduct.




Section 1517.99; General Assembly: 117; Bill Number: Amended S.B. 177; Effective Date: 3-22-89

(A) Whoever violates division (A) of section 1517.021 or section 1517.051 of the Revised Code shall be fined not less than twenty-five nor more than five hundred dollars for a first offense; for each subsequent offense the person shall be fined not less than two hundred nor more than one thousand dollars. (B) Whoever violates division (A) of section 1517.24 or section 1517.25 of the Revised Code is guilty of a misdemeanor of the third degree. (C) Whoever violates division (B) of section 1517.24 of the Revised Code is guilty of a misdemeanor of the second degree.

Courtesy of the Dayton Underground Grotto



Kentucky


433.871 Definitions. As used in this chapter, the following words shall have the meanings stated unless the context requires otherwise: (1) "Cave" means any naturally occurring void, cavity, recess, or system of interconnecting passages beneath the surface of the earth containing a black zone including natural subterranean water and drainage systems, but not including any mine, tunnel, aqueduct, or other man-made excavation, which is large enough to permit a person to enter. The term "cave" includes or is synonymous with "cavern." (2) "Commercial cave" means any cave utilized by the owner for the purposes of exhibition to the general public, whether as a profit or nonprofit enterprise, wherein a fee for entry is collected. (3) "Gate" means any structure or device situated so as to limit or prohibit access or entry to any cave. (4) "Person" or "persons" means any individual, partnership, firm, association, trust, or corporation or other legal entity. (5) "Owner" means a person who owns title to land wherein a cave is located, including a person who owns title to a leasehold estate in the land and specifically including the Commonwealth and any of its agencies, departments, boards, bureaus, commissions, or authorities as well as counties, municipalities and other political subdivisions of the Commonwealth. (6) "Speleothem" means a natural mineral formation or deposit occurring in a cave. This shall include or be synonymous with, but not restricted to stalagmite, stalactite, helectite, shield, anthodite, gypsum flower and needle, angel's hair, soda straw, drapery, bacon, cave pearl, popcorn, coral, rimstone dam, column, palette, flowstone, et cetera. (7) "Speleogen" means an erosional feature of the cave boundary and includes or is synonymous with, but not limited to anastomoses, scallops, rills, flutes, spongework, boxwork, and pendants. (8) "Material" means all or any part of any archaeological, paleontological, biological, or historical item including, but not limited to, any petroglyph, pictograph, basketry, human remains, tool, beads, pottery, projectile point, remains of historical mining activity or any other occupation, found in any cave. (9) "Cave life" means any life form which normally occurs in, uses, visits, or inhabits any cave or subterranean water system, excepting those animals and species covered by any of the game laws of the Commonwealth of Kentucky. (10) "Troglobitic" means or refers to any form of cave life specifically adapted to the cave environment and which carries out its entire life cycle in the cave. (11) "Troglophilic" means or refers to any form of cave life which, although lacking specific biological adaptations necessary for permanent residence in any cave, carries out at least a portion of its life cycle in the cave.

Effective: July 15, 1988; History: Created 1988 Ky. Acts ch. 168, sec. 1, effective July 15, 1988.




433.873 Wrongful disturbance or damage to cave surfaces or material found therein. (1) It shall be unlawful for any person, without the express, prior, written permission of the owner, to willfully and knowingly: (a) Break, break off, crack, carve upon, write, burn, or otherwise mark upon, remove, or in any manner destroy, disturb, deface, mar or harm the surfaces of any cave or any material which may be found therein, notwithstanding whether such material is attached or broken, including speleothems, speleogens, and sedimentary deposits. The provisions of this section shall not prohibit minimal disturbance for scientific exploration. (b) Break, force, tamper with or otherwise disturb a door, lock, gate, or other obstruction designed to control or prevent access to any cave, even though entrance thereto may not be gained. (c) Place any gate or other obstruction which may restrict the movement of air or animals through such device. (d) Deface, tamper with or remove a sign stating that a cave is posted or citing provisions of this chapter. (e) Excavate, remove, destroy, injure, deface, or in any other manner disturb any burial grounds, historic or prehistoric resources, archaeological or paleontological site or any part thereof, including fossils, bones, relics, inscriptions, saltpeter workings, remains of historical human activity, or any other such features which may be found in any cave, except those caves owned by the Commonwealth or designated as Commonwealth archaeological sites or zones, and which are subject to the provisions of KRS 164.705 to 164.735. (2) The entering or remaining in a cave which has not been posted by the owner shall not by itself constitute a violation of this section.

Effective: July 15, 1988; History: Created 1988 Ky. Acts ch. 168, sec. 2, effective July 15, 1988.




433.875 Unlawful dumping, disposal or burning within cave. It shall be unlawful to store, dump, litter, dispose of or otherwise place any refuse, garbage, dead animals, sewage, toxic substances harmful to cave life or humans, or to store other such similar materials in any quantity in any cave. It shall also be unlawful to burn within a cave any material which produces any smoke or gas which is harmful to any naturally occurring organisms in the cave, except acetylene gas produced by carbide lamps.

Effective: July 15, 1988; History: Created 1988 Ky. Acts ch. 168, sec. 3, effective July 15, 1988.




433.877 Unlawful removal or disturbance of naturally occurring organisms in cave. (1) It shall be unlawful to remove, kill, harm, or otherwise disturb any naturally occurring organism found within any cave, except for safety or health reasons. Scientific collecting permits may be obtained from the state nongame biologist. (2) It shall also be unlawful to collect any form of troglobitic or troglophilic cave life for commercial sale, whether or not a profit is gained by such sale.

Effective: July 15, 1988; History: Created 1988 Ky. Acts ch. 168, sec. 4, effective July 15, 1988.




433.879 Excavation permits -- Requirements -- Supervision by state archaeologist and Kentucky Heritage Council. (1) In addition to the written permission of the owner required by KRS 433.873(1), a person shall also obtain a permit from the state archaeologist prior to excavating or removing any archaeological, paleontological, prehistoric or historic feature of any cave. The state archaeologist shall issue a permit to excavate or remove such a feature if he finds that it is in the best interest of the Commonwealth and that the applicant meets the criteria of this section and is an historic, scientific or educational institution, professional archaeologist or amateur who is qualified and recognized in the areas of field investigations or archaeology. The permit shall be issued for a period of two (2) years and may be renewed upon expiration. The permit shall not be transferable; however, the provisions of this section shall not preclude any person from working under the direct supervision of the permittee. (2) All field investigations, explorations or recovery operations undertaken under this section shall be carried out under the general supervision of the state archaeologist and the Kentucky Heritage Council and in a manner to ensure that the maximum amount of historic, scientific, archaeologic, and educational information may be recovered and preserved in addition to the physical recovery of objects. (3) A person applying for a permit pursuant to this section shall: (a) Have knowledge of archaeology, paleontology or history as qualified in subsection (1) of this section; (b) Provide a detailed statement to the state archaeologist giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work; (c) Provide data and results of any completed excavation, study, or collection at the first of each calendar year; (d) Obtain the prior written permission of the owner if the site of the proposed excavation is on privately owned land; and (e) Carry the permit while exercising the privileges granted.

Effective: July 15, 1988; History: Created 1988 Ky. Acts ch. 168, sec. 5, effective July 15, 1988.




433.881 Unlawful sale of speleothems. It shall be unlawful for any person to sell or offer for sale any speleothems in this Commonwealth, export them for sale outside the Commonwealth, or import speleothems into the Commonwealth for sale.

Effective: July 15, 1988; History: Created 1988 Ky. Acts ch. 168, sec. 6, effective July 15, 1988.




433.883 Cave owner or his agent not to be held liable. (1) Neither the owner of a cave nor his authorized agents acting within the scope of their authority shall be liable for injuries sustained by any person using the cave for recreational or scientific purposes if no charge has been made for the use of the cave, notwithstanding that an inquiry may have been made as to the experience or expertise of the person or persons seeking consent. (2) Nothing in this section shall be construed to constitute a waiver of the sovereign immunity of the Commonwealth or any of its boards, departments, bureaus or agencies.

Effective: July 15, 1988; History: Created 1988 Ky. Acts ch. 168, sec. 7, effective July 15, 1988.

Courtesy of Dayton Underground Grotto



Indiana


IC 35-43-1-3 "The Indiana Cave Protection Law"

Section 3.(a) As used in this section: "Cave" means any naturally occurring subterranean cavity, including a cavern, pit, pothole, sinkhole, well, grotto, and tunnel whether or not it has a natural entrance. "Owner" means the person who holds title to or is in possession of the land on or under which a cave is located, or his lessee, or agent. "Scientific purposes" means exploration and research conducted by persons affiliated with recognized scientific organizations with the intent to advance knowledge and with the intent to publish the results of said exploration or research in an appropriate medium. (b) A person who knowingly and without the express consent of the cave owner: (1) disfigures, destroys, or removes any stalagmite, stalactite, or other naturally occurring mineral deposit or formation, or archaeological or paleontological artifact in a cave, for other than scientific purposes; (2) breaks any lock, gate, fence, or other structure designed to control or prevent access to a cave; (3) deposits trash, rubbish, chemicals, or other litter in a cave; or (4) destroys, injures, removes, or harasses any cave-dwelling animal for other than scientific purposes; commits a Class A misdemeanor.




IC 14-22-10-2 "The Premises Liability Law" (1996)

(a) As used in this section, "governmental entity" means any of the following . . . (b) As used in this section, "Owner" means a governmental entity or another person that: 1. Has a fee interest in; 2. Is a tenant, lessee, or an occupant of; or 3. Is in control of; a tract of land. (c) A person who goes upon or through the premises, including caves, of another; 1. With or without permission to hunt, fish, swim, trap, camp, hike, sightsee, or for any other purpose and 2. Either: (A) Without the payment of monetary consideration; or (B.) With the payment of monetary consideration directly or indirectly on the person's behalf by an agency of the state or federal government; does not have an assurance that the premises are safe for the purpose. (d) The owner of the premises does not assume responsibility for or incur liability for an injury to a person or property caused by an act or failure to act of other persons using the premises. (e) This section does not affect the following: (1) Existing Indiana case law of liability of owners or possessors of premises with respect to the following: (A) Business invitees in commercial establishments. (B) Invited guests. (C) The attractive nuisance doctrine. (f) This section does not excuse the owner or occupant of premises from liability for injury to a person or property caused by a malicious or an illegal act of the owner or occupant.




"The Indiana Good Samaritan Law"

Section 1. Any person, who in good faith gratuitously renders emergency care at the scene of an accident or emergency care to victim thereof, shall not be liable for any civil damages for any personal injury as a result of any act or omission by such person in rendering the emergency care of as a result of any care for the injured person, except acts or omissions amounting to gross negligence or willful or wanton misconduct. Section 2. No act or omission of any person who has successfully completed a course of training in cardiopulmonary resuscitation according to the standards recommended by the Division of Medical Sciences, National Academy of Sciences—National Research Council, while attempting to administer cardiopulmonary resuscitation, without pecuniary charge, to any person who is an apparent victim of acute cardiopulmonary resuscitation insufficiency shall impose any liability upon the person so attempting the resuscitation: Provided, however, that this chapter shall not apply to acts of omissions amounting to gross negligence or willful or wanton misconduct.

Courtesy of Central Indiana Grotto



West Virginia


ARTICLE 7A. CAVE PROTECTION. §20-7A-1. Definitions. Unless the context in which used clearly requires a different meaning, as used in this article: (a) "Cave" means any naturally occurring subterranean cavity. The word "cave" includes or is synonymous with cavern, pit, pothole, well, sinkhole and grotto. (b) "Commercial cave" means any cave with improved trails and lighting utilized by the owner for the purpose of exhibition to the general public as a profit or nonprofit enterprise, wherein a fee is collected for entry. (c) "Gate" means any structure or device located to limit or prohibit access or entry to any cave. (d) "Person or persons" means any individual, partnership, firm, association, trust or corporation. (e) "Speleothem" means a natural mineral formation or deposit occurring in a cave. This includes or is synonymous with stalagmites, stalactites, helictites, anthodites, gypsum flowers, needles, angel's hair, soda straws, draperies, bacon, cave pearls, popcorn (coral), rimstone dams, columns, palettes, flowstone, et cetera. Speleothems are commonly composed of calcite, epsomite, gypsum, aragonite, celestite and other similar minerals. (f) "Owner" means a person who owns title to land where a cave is located, including a person who owns title to a leasehold estate in such land.


§20-7A-2. Vandalism; penalties. It is unlawful for any person, without express, prior, written permission of the owner, to willfully or knowingly: (a) Break, break off, crack, carve upon, write, burn or otherwise mark upon, remove, or in any manner destroy, disturb, deface, mar or harm the surfaces of any cave or any natural material therein, including speleothems; (b) Disturb or alter in any manner the natural condition of any cave; (c) Break, force, tamper with or otherwise disturb a lock, gate, door or other obstruction designed to control or prevent access to any cave, even though entrance thereto may not be gained. Any person violating a provision of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred fifty dollars nor more than five hundred dollars, and in addition thereto, may be imprisoned in the county jail for not less than ten days nor more than six months.


§20-7A-3. Sale of speleothems unlawful; penalties. It is unlawful to sell or offer for sale any speleothems in this state, or to export them for sale outside the state. A person who violates any of the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred fifty dollars nor more than five hundred dollars and in addition thereto, may be imprisoned in the county jail for not less than ten days nor more than six months.


§20-7A-4. Biological policy; penalties for violation. It is unlawful to remove, kill, harm or disturb any plant or animal life found within any cave: Provided, That scientific collecting permits may be obtained from the director as provided in section fifty, article two of this chapter. Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air, insects, bats and aquatic fauna. A person who violates any provision of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than two hundred dollars nor more than five hundred dollars and in addition thereto, may be imprisoned in the county jail for not less than fifteen days nor more than six months.


§20-7A-5. Archaeology; permits for excavation; how obtained; prohibitions; penalties. (a) No person may excavate, remove, destroy, injure or deface any historic or prehistoric ruins, burial grounds, archaeological or paleontological site including saltpeter workings, relics or inscriptions, fossilized footprints, bones or any other such features which may be found in any cave. (b) Notwithstanding the provisions of subsection (a) of this section, a permit to excavate or remove archaeological, paleontological, prehistoric and historic features may be obtained from the director of natural resources. Such permit shall be issued for a period of two years and may be renewed at expiration. It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit. A person applying for such a permit must: (1) Provide a detailed statement to the director of natural resources giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work. (2) Provide data and results of any completed excavation, study or collection at the first of each calendar year. (3) Obtain the prior written permission of the director of natural resources if the site of the proposed excavation is on state-owned lands and prior written permission of the owner if the site of such proposed excavation is on privately owned land. (4) Carry the permit while exercising the privileges granted. A person who violates any provision of subsection (a) of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars, and may be imprisoned in the county jail for not less than ten days nor more than six months. A person who violates any of the provisions of subsection (b) of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars, and the permit herein authorized shall be revoked.


§20-7A-6. Liability of owners and agents. (a) Neither the owner of a cave nor his authorized agents acting within the scope of their authority are liable for injuries sustained by any person using such features for recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of such features. (b) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave, unless such injury is sustained as a result of such owner's negligence in connection with the providing and maintaining of trails, stairs, electrical wires or other modifications, and such negligence is the proximate cause of the injury.

Courtesy of the Virginia Area Region