The need to reconcile the protection of the archaeological heritage still buried with the operational needs of urban planning and development is fundamental. For this reason, archaeology can no longer be considered a discipline aimed exclusively at research and knowledge but must become a necessary component of a set of more complex activities, which affect the transformation of territory and urban settlement. The essay describes the Italian legislation framework, analyzing the main critical issues, due to a series of problems both technical and cultural. All this, for the moment, has caused a deadlock in the application of the law, confirmed by some practical examples. Economic issues and cultural misunderstandings have often led to the substantial abandonment of the rediscovered archaeological remains. The aim to pursue is the conscious sharing of intent, among the different professionals involved, able to ensure the feasibility and implementation of those transformation projects necessary to the needs of cities and territories in continuous evolution, but also the conservation and enhancement of the tangible and intangible signs of the past.