Cemetery Laws & FAQs

No, the division has a program to survey and register Indiana cemeteries and burial grounds. The division is not involved in the establishment of new cemeteries. Individuals desiring to establish a family cemetery should consult their local government for any restrictions and requirements. IC 23-14 may also be consulted for information.

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 that would impact the burial ground or cemetery without having a cemetery development plan approved by the DHPA. See IC 14-21-1-26.5 for the full text of the law and exceptions.

Resources and organizations that assist in cemetery preservation are listed on this web page. There are no state laws that describe the preservation techniques of cemeteries and gravestones, but there are best practices and standards to assure that you are preserving the site in a way that will not eventually lead to damage. While cleaning and maintaining a cemetery can be done without professional help, we recommend professional and experienced assistance repairing and resetting stones.  Always keep in mind that you must have landowner permission to access a cemetery and to complete any restoration work.

A license issued by the division is required to probe the ground to locate fallen grave memorials in known cemeteries, recover fallen grave memorials, and restore or reset memorials in a cemetery. Contact the Cemetery Registry Coordinator to discuss probing permit requirements.

Landowners are not required to provide public access to cemeteries on private land. Rules for access to public cemeteries may be established by the government bodies responsible for their care and are often posted. Only cemeteries that are defined as Cemetery Land under IC 6-1.1-6.8 must grant access to descendants or family members.

Any discovery of human remains or possible human remains should be left undisturbed and reported to the County Coroner, DNR Division of Law Enforcement, and the DNR Division of Historic Preserva­tion & Archaeology as soon as possible.

It is not illegal to collect artifacts from the surface of sites (except on federal and state property) as long as landowner’s permission has been obtained to be on the property and collect artifacts. A permit is required to conduct field investigations on state property (IC 14-21-1-16). It is illegal to disturb the ground for the purpose of obtaining artifacts or human remains. Any archaeological scientific investigations must be conducted under the control or supervision of a qualified professional archaeolo­gist.

For property tax purposes, a person may have a parcel of land reclassified as cemetery land. This reclassification process should not be confused with establishing a new cemetery. If the land satisfies the conditions for reclassification, the value of the land (where the cemetery is located) will be assessed at $1 per acre (IC 6-1.1-6.8). Download the application to classify land as cemetery land.