Several categories of permits oriented toward specific types of investigation are issued by the commission.

1. (1) Reconnaissance survey. This permit category is for the purpose of location, inventory, and assessment of cultural resources of a specific area by conducting archival searches and by searching for sites. Reconnaissance is limited to recording site locations, mapping, photographing, controlled surface sampling, and possible limited shovel testing. A reconnaissance survey does not take the place of an intensive survey, but a reconnaissance survey can be used to determine whether an intensive survey will be warranted. Specific requirements may be required by the commission as part of the permit.
2. (2) Intensive survey. This permit category is for the purpose of an intensive 100% pedestrian survey of a project or permit area. Components of an intensive survey may include, but are not limited to, archival research, pedestrian survey, shovel and/or mechanical subsurface probing, surface artifact inventories, site recordation, and site assessment. Such a survey can be performed in many ways but must, at a minimum, conform to the Archeological Survey Standards for Texas, which are available through the commission and the Council of Texas Archeologists. Construction clearance may be granted relative to this level of investigation and specific requirements may be required by the commission as part of the permit.
3. (3) Testing. This permit category is for the purpose of detailed subsurface examination of cultural resources including systematic test excavations of a particular site or area. Testing must be oriented toward sampling a representative portion of a particular site or sites in all environmental contexts and may be conducted to determine if a landmark contains significant materials. Construction clearance may be granted relative to this level of investigation. Specific requirements may be required by the commission as part of the permit.
4. (4) Monitoring. Unless otherwise specifically authorized by the commission, this permit category is for the purpose of having a professional archeologist on-site to observe construction activities that may or will damage cultural resources and for them to report findings and impacts to sites to the commission. Monitoring may be conducted during or after other phases of archeological investigation and may not involve the need for a separate permit. However, if monitoring is the only investigation deemed necessary relative to a construction activity, then a monitoring permit will be required. If previously unrecorded and significant archeological deposits are recorded during a monitoring investigation, then construction activities in the immediate area of the find must stop and the principal investigator shall notify the Archeology Division within 24 hours. Specific requirements of monitoring may be required by the commission as part of the permit.
5. (5) Data recovery. This permit category is for the purpose of full investigation and extensive excavation of particular archeological site or sites. Data recovery must be based on a research design approved by the commission. Construction clearance may be granted relative to this level of investigation. Specific requirements may be required by the commission in the permit.
6. (6) Alternative mitigation. When mitigation of an archeological site by data recovery is not appropriate, a permit may be issued for an alternative form of mitigation, as approved by the commission. Alternative forms of mitigation may include, but not be limited to: monitoring of a proposed construction project to record and report the discovery of unanticipated important archeological deposits; conducting archival and historical research to document the significance of the site; capping or burying in place important archeological deposits if deemed appropriate by the commission; and protecting significant remaining portions of a site by donation of the undisturbed area to a nonprofit organization, state agency, or a political subdivision of the state. A permit issued for a mitigation alternative may require additional conditions including studies, investigations, or other actions as deemed necessary by the commission, and will be specified in the terms and conditions of the permit.
7. (7) Preservation of rock art. This permit category is for the purposes of preserving, removing, recording, and copying all manner of rock art. Preservation techniques which involve application of brushes, heat, chemicals, water, chalk, petroleum products, or other preparations to the rock surfaces are prohibited unless specifically authorized by the commission. Specific requirements may be included by the commission as part of the permit.
8. (8) Underwater survey. Underwater resources include shipwrecks and drowned prehistoric and historic sites. Surveys for these cultural resources are conducted with electronic instrumentation including the proton magnetometer, side scan and subbottom sonar, and positioning systems. In some instances divers using scuba gear are used to search for and examine a specific site or structure. Work is conducted under the direct supervision of an underwater archeologist or under a survey technician reporting to an underwater archeologist who is responsible for the quality of the work. Data acquired are to be rendered to the commission along with an analysis and report. Specific requirements may be required by the commission as part of the permit.
9. (9) Underwater test excavations. Significant magnetic and/or acoustic anomalies discovered during survey must be tested by excavation under the direct supervision of an underwater archeologist in order to determine the cause of the anomalies. Inspection by divers, coring, or other appropriate means must be used to test the nature of suspected prehistoric or historic sites. In the case of magnetic anomalies, sediment must in many cases be removed to allow identification, approximate dating, and determination of importance of objects and sites found. Any artifacts recovered from state lands are property of the State of Texas. Extensive recovery during testing is discouraged. Accepted standards for provenience control and archeological data recovery must be maintained. Data must be analyzed and rendered to the commission in a written report. Proper conservation of any artifacts recovered must be carried out. Specific requirements may be required by the commission as part of the permit.
10. (10) Underwater excavations. In order to fulfill justified research objectives, or if damage to significant historic and prehistoric sites cannot be avoided, a full-scale underwater archeological excavation must be carried out under the direct supervision of an underwater archeologist. The intensive investigation and excavation this calls for must include documentary research and, for shipwrecks, detailed magnetometer work. Excavations must be supported by adequate equipment and supplies to insure proper recording, preservation, and the recovery of the maximum amount of data. Thorough analysis and a complete report are required. Proper antiquities conservation is required for all artifacts, and all specimens recovered are state property. Specific requirements may be included by the commission as part of the permit.
11. (11) Destruction. Under exceptional circumstances, when all preservation alternatives have been exhausted and the public welfare clearly requires destruction of a State Archeological Landmark, the commission may issue a destruction permit after thorough mitigation has been accomplished. Following any permitted archeological investigation, a clearance letter may be issued by the commission that authorizes destruction of all or part of a cultural resource without issuing an Antiquities Permit for destruction.
12. (12) Annual permit. A public agency, or institution, may be granted an Annual Permit, allowing for survey, recording, study, protection, stabilization, or conservation projects that cover a number of similar investigations at different locations. The annual permit will be issued for a specific period of time and can be developed by the public agency or institution, and the commission either under the auspices of a Memorandum of Understanding (MOU) or by means of a letter agreement. Annual Permits can also be used to govern the survey, recording, study, protection, stabilization, and conservation projects related to designated State Archeological Landmarks, or eligible landmarks. The Annual Permit will adhere to, but not be limited to, the commission's rules and regulations. The standards described in an Annual Permit will be administered by a qualified archeologist on the staff of, or contracted by, that public agency or institution. The commission will be informed through an annual report of all projects completed under the guidance of the Annual Permit with details adequate to confirm compliance.
13. (13) Emergency permit. A permit that may be authorized by the commission for the purposes of performing investigations prior to formal application for a permit. Any of the above-referenced categories of investigations can be authorized under an emergency permit, but an emergency permit will only be issued under emergency conditions where the investigations must be initiated or performed prior to the formal issuance of the permit. Legitimate emergency conditions include those situations when archeological deposits are discovered during development or other construction projects, or under conditions of natural or man-made disasters that necessitate immediate action to deal with the situation and findings.

Source Note:The provisions of this §26.20 adopted to be effective August 28, 2002, 27 TexReg 7789.