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

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 site testing. A reconnaissance survey does not take the place of an intensive survey and construction clearance cannot be granted relative to this level of research. Specific requirements are included in 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, inventory, site recordation, and site assessment. Such a survey can be performed in many ways but must, at a minimum, include walking transects no more than 75 feet apart in open terrain and 30 feet apart in dense ground cover. Construction clearance may be granted relative to this level of investigation, if the intensive survey results in negative findings. Specific requirements are included in 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 are included in the permit.
4. (4) Monitoring. Unless otherwise specifically authorized by the committee, this permit category is for the purpose of having a professional archeologist or architect 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 Committee. 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 Department of Antiquities Protection within 24 hours. Specific requirements of monitoring are included in 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 committee. Construction clearance may be granted relative to this level of investigation. Specific requirements are included 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 committee. Alternative forms of mitigation may include, but not be limited to: monitoring of a proposed construction 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 when appropriate studies have been undertaken to demonstrate that capping or sealing is the most prudent and feasible alternative and that sensors and other types of monitoring will be used by the sponsor to verify that the capping or burying does not disturb the site; and protecting significant remaining portions of a site by donation of the undisturbed area (provided the area equals at least half of the site's original significant deposits) to a nonprofit organization, or a political subdivision of the state, with the demonstrated capability to protect archeological resources. A permit issued for a mitigation alternative may require additional conditions including studies, investigations, or other actions as deemed necessary by the committee, 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 committee. Specific requirements are included in 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 committee along with an analysis and report. Specific requirements are included in 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 the 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 committee in a written report. Proper conservation of any artifacts recovered must be carried out. Specific requirements are included in 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 are included in 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 committee may issue a destruction permit after thorough mitigation has been accomplished. Following any permitted archeological investigation, a clearance letter may be issued by the committee 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. The annual permit will be issued for a specific period of time and must be arranged under the auspices of a Memorandum of Understanding (MOU). The MOU will be developed by the public agency or institution, and the Department of Antiquities Protection, to govern the survey, recording, study, protection, stabilization, and conservation projects related to designated State Archeological Landmarks, or potential landmarks, as defined in this chapter. The MOU will adhere to, but not be limited to, the committee's rules and regulations. In most cases the standards described in the MOU will be administered by a qualified archeologist on the staff of, or contracted by, that public agency or institution (See §26.5 of this title (relating to Definitions)). The committee will be informed through an annual report of all projects completed under the guidance of the MOU, with details adequate to confirm compliance with the annual permit.
13. (13) Emergency permit. A permit that may be authorized by the committee 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 June 24, 1988, 13 TexReg 2913; amended to be effective April 11, 1994, 19 TexReg 2193; amended to be effective September 16, 1994, 19 TexReg 6913; transferred effective August 30, 1995, as published in the Texas Register October 17, 1995, 20 TexReg 8442; amended to be effective June 26, 1996, 21 TexReg 5437; amended to be effective April 22, 1997, 22 TexReg 3577.