To: Members, Natural Resources Study Committee
From: Jeaneffe Adams, Staff Attorney for the Committee LEGISLATIVE SERVICES AGENCY 200 West Washington Street, Suite 301 Indianapolis, Indiana 46204-2789 Tel: (317) 232-9588 Fax: (317)232-2664
Date: August 21, 1999
Re: Cemetery Study TopicsChairman Lytle has asked the staff develop a list of all proposals concering cemeteries that have been made to the Natural Resources Study Committee at its first two meetings. Here is the requested information.
1. Establish a department of lndiana heritage. (Cemeteries would be one area of concern of the department.)
2. Catalog all cemeteries in Indiana and established centralized data base in DNR.
3. Establish standardized procedures for the disinterment and reinterment of human remains that include:
4. Review and revise present statutes concerning human remains.An orderly, respectful, and organized process
Supervision / oversight by trained professionals
Notification and control by family members
Follow-up to insure reinterment and recording of new grave location.
5. Explore options available to local communities for repair and maintenance of cemeteries, including methods and resources.Do an overall review to improve coordination and resolve conflicts
Resolve conflict over state agency jurisdiction. Current law gives jurisdiction for pre-1940 cemeteries to DNR and for cemeteries of any age to Department of Health (IC 23-14-57-1).
Explore and resolve certain legal issues such as:"What is a cemetery?"
"Is one unmarked grave site a cemetery?"
6. Require grave disclosure in real estate transactions. Require seller to tell purchaser where human remains are buried and to record disclosure documents.
7. Preserve cemeteries through regulation of development:
Allow removal of remains only by next of kin.
Establish buffer area around grave sites where development is prohibited (at least 100 feet)
Require plan review for development outside buffer area but within certain distance of grave sites. (Currently DNR approval is required for development within 500 feet of archeological sites.)
Provide that accidental disturbance triggers plan overview (similar to existing laws.)