Cemeteries
Cemetery Laws & FAQs
- Does the Division of Historic Preservation & Archaeology establish new cemeteries?
- There is a cemetery on or near my property. Does this mean I can’t build on my land?
- How do I get involved in cemetery restoration?
- Can I probe for stones in a cemetery?
- Are all cemeteries publicly accessible?
- What happens if I find human remains?
- What should I do if I find an artifact?
- How do I classify land as cemetery land?
Historic Preservation & Archaeology Laws
There are several state laws pertaining to the maintenance, protection, and use of cemeteries. The following list offers a brief summary of some of the laws relating to cemeteries. Click the hyperlink to read any law in its entirety.
IC 14-21-1-7 - Defines human remains.
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 14-21-1-24 and IC 35-43-1-2.1 - Makes it illegal to farm or conduct animal husbandry in a cemetery.
IC 14-21-1-26.5 - Addresses when a development plan may be required for ground disturbance 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.
IC 14-21-1-27 - A person finding human remains must notify DHPA within two days. If reburial is to occur, it 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 approved by DHPA.
IC 14-21-1-29 - If you find an artifact or burial object while disturbing the ground for a purpose other than discovering artifacts or burial objects, ground disturbance must stop and notification of our department must be within two days.
IC 14-21-2 - Removal of a grave memorial 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.
Cemetery Association Laws
IC 23-14 - Defines a cemetery, discusses care of cemeteries in use, surveys of cemeteries, and other aspects of cemeteries in use.
IC 35-43-1-2.1 and IC 14-21-1-24 - Makes it illegal to farm or conduct animal husbandry in a cemetery.
IC 23-14-57 - Describes how cemeteries and human remains are disinterred.
IC 23-14-67 - Discusses the creation of Cemetery Commissions at the county level.
IC 23-14-68
Care of cemetery by Township:
- Cemeteries without funds for maintenance
- In existence before February 28, 1939
- Not managed by any viable organizations
Defines what the Township Trustee must do:
- Reset and straighten all monuments
- Level and seed the ground
- Construct fences
- Destroy detrimental plants, noxious weeds, and rank vegetation
- Mow the lawn
IC 23-14-78-4 – The owner of record of a parcel of real property that contains a cemetery must make a reasonable effort to maintain a cemetery on their property.
Criminal Law (Offenses Against Property)
IC 35-43 - Criminal Mischief - Allows for a person to be convicted under the criminal mischief law if they vandalize a cemetery.
Property Tax Law
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) assessed at $1 per acre.