• § 36-72-1 - Legislative Findings and Intent
  (a) The care accorded the remains of deceased persons reflects respect and regard for human dignity as well as cultural, spiritual, and religious values....
• § 36-72-2 - Definitions
  As used in this chapter, the term: (1) "Abandoned cemetery" means a cemetery which shows signs of neglect including, without limitation, the unchecked growth...
• § 36-72-3 - Authority of Counties and Municipalities to Preserve Abandoned Cemeteries
  Counties, anywhere within the county boundaries, and municipalities, anywhere within the municipal boundaries, are authorized, jointly and severally, to preserve and protect any abandoned...
• § 36-72-4 - Permit Required for Developing Land on Which Cemetery Located
  No known cemetery, burial ground, human remains, or burial object shall be knowingly disturbed by the owner or occupier of the land on which...
• § 36-72-5 - Application for Permit
  Application for a permit shall include, at a minimum, the following information: (1) Evidence of ownership of the land on which the cemetery or...
• § 36-72-6 - Identification and Notification of Descendants of Person in Cemetery Sought to Be Developed
  The applicant shall implement its plan for identifying and locating descendants no later than the date the application is submitted to the governing authority....
• § 36-72-7 - Public Hearing on Development of Abandoned Cemetery; Time for Decision on Application for Permit
  (a) Within 15 days after it is satisfied that all reasonable effort has been made to notify descendants, as provided in Code Section 36-72-6,...
• § 36-72-8 - Issues Considered in Decision on Application for Permit
  The governing authority shall consider the following in making its determination: (1) The presumption in favor of leaving the cemetery or burial ground undisturbed;...
• § 36-72-9 - Establishment of Board or Commission to Review Applications in Counties Exceeding Certain Population Size
  The governing authority of any county whose population is in excess of 290,000 as established by the United States decennial census of 1980 or...
• § 36-72-10 - Application Fee
  The governing authority shall be authorized to impose an application fee which shall reflect the cost to the governing authority for processing and reviewing...
• § 36-72-11 - Appeal of Decision on Application for Permit
  Should any applicant or descendant be dissatisfied with a decision of the governing authority, he or she, within 30 days of such decision, may...
• § 36-72-12 - Development Activities Pending Appeal
  Until the expiration of the time for appeal as set forth in Code Section 36-72-11, the applicant shall not begin or resume activities which...
• § 36-72-13 - Inspection to Ensure Applicant's Compliance
  The governing authority or local law enforcement agency shall inspect as necessary to determine whether the applicant has complied with the provisions of this...
• § 36-72-14 - Jurisdiction of Superior Court; Expending Private or Public Funds to Mitigate Harm to Cemetery
  (a) Notwithstanding any provisions of this chapter to the contrary, when any agency, authority, or political subdivision of the state seeks to file an...
• § 36-72-15 - Disinterment and Disposition of Human Remains or Burial Objects
  Any disinterment and disposition of human remains or burial objects permitted under this chapter shall be supervised, monitored, or carried out by the applicant's...
• § 36-72-16 - Penalties
  Any person who knowingly fails to comply with the provisions of this chapter shall be guilty of a misdemeanor of a high and aggravated...

Last modified: October 14, 2016