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There are several state laws pertaining to the maintenance, protection, and use of cemeteries. The following list offers a brief summary of the laws relating to cemeteries. To read any law in its entirety, click the IC number
IC 14-21-1-13.5 - Authorizes the Department of Natural Resources - Division of Historic Preservation and Archaeology to conduct a survey program of every cemetery and burial ground in Indiana.
IC 14-21-1-7 - Defines human remains
IC 14-21-1-24 - Makes it illegal to farm or conduct animal husbandry in a cemetery
IC 14-21-1-26.5- A person may not disturb the ground within 100 feet of a burial ground or cemetery for the purpose of erecting, altering or repairing any structure without having a developmental plan approved by DHPA
IC 14-21-1-27 - A person finding human remains must notify DHPA within two days. Reburial will be in compliance with state laws.
IC 14-21-1-28 - Makes it illegal to disturb the ground for the purpose of discovering or removing artifacts, burial objects, grave markers, or human remains without a plan with DHPA.
IC 14-21-1-29 - If you find an artifact, notification of our department must be within two days.
IC 14-21-2 - Discusses removal of grave memorial with a new stone must be reported to the County Recorder; makes selling grave artifacts illegal.
IC 14-21-3 - Before a person buys property containing a cemetery, the current owner must record the deed in the recorder's office with CEMETERY in bold, capital letters on the bottom of the deed.
IC 23-14-67 - Discusses the creation of Cemetery Commissions at the county level.
IC 23-14-57 - Describes how cemeteries and human remains are disinterred.
IC 6-1.1-6.8 - A person with a cemetery on his/her land may have the value of the land (where the cemetery is located) accessed for the $1.00 per acre.
IC 23-14 - Defines a cemetery, discusses care of cemeteries in use, surveys of cemeteries, and other aspects of cemeteries in use.
Care of cemetery by Township:
Defines what the Township Trustee must do:
IC 35-43 - Criminal Mischief - Allows for a person to be convicted under the criminal mischief law if they vandalize a cemetery.
Some of the laws you need to be aware of when preserving a site: