25 LC 55 0470
Senate Bill 146
By: Senators Williams of the 25th, Hatchett of the 50th, Robertson of the 29th, Albers of the
56th, Mallow of the 2nd and others
A BILL TO BE ENTITLED
AN ACT
To amend Titles 31, 36, and 44 of the Official Code of Georgia Annotated, relating to health,
1
local government, and property, respectively, so as to provide regulations and protections of2
cemeteries and burial grounds; to revise procedures concerning the issuance of permits for3
the disinterment and reinterment of human remains; to revise procedures concerning the4
issuance of permits for the disturbance of abandoned cemeteries; to provide civil remedies5
for failures to obtain such permits; to provide for the issuance of permits for the6
establishment of family burial plots; to provide minimum requirements of family burial plots;7
to provide civil remedies for the failure to obtain such permits; to provide for a civil action8
regarding the ability to enter upon land for the purpose of visiting, caring for, or maintaining9
ancestral grave sites; to provide for a civil action regarding the ability to enter upon land for10
the purpose of discovering ancestral grave sites and conducting genealogical research in11
connection with ancestral grave sites; to provide definitions; to provide statutory12
construction; to conform cross-references; to provide for related matters; to repeal conflicting13
laws; and for other purposes.14
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15
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PART I
16
SECTION 1-1.17
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code18
Section 31-10-1, relating to definitions, by adding two new paragraphs to read as follows:19
"(6.1) 'Human remains' shall have the same meaning as set forth in Code
20
Section 10-14-3."21
"(8.1) 'Licensed funeral director' means an individual licensed in this state to practice22
funeral directing pursuant to the provisions of Chapter 18 of Title 43."23
SECTION 1-2.24
Said title is further amended in Code Section 31-10-20, relating to permits for disposition,25
disinterment, and reinterment, by revising subsection (f) as follows:26
"(f)(1) Except as provided in paragraph (4) of this subsection, a permit Authorization for27
disinterment and reinterment shall be required prior to the disinterment of a dead body28
or fetus human remains. Such authorization shall be issued by Application for such a29
permit shall be made on a form prescribed by the department and submitted to the local30
registrar to a, who shall issue such permit only if:31
(A) The application provides the following information:32
(i) The identification of the human remains to be disinterred, if known;33
(ii) The location where the human remains are to be disinterred;34
(iii) The location where the human remains are to be reinterred or otherwise finally35
disposed of; and36
(iv) Such other information as required by the department; and37
(B)(i) The person or persons who has the right to control the disposition of the human38
remains as provided in Code Section 31-21-7 consents to the disinterment and39
reinterment or other final disposition of such human remains;40
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(ii) The applicant submits a disturbance permit issued pursuant to Chapter 72 of41
Title 36 authorizing the disinterment and reinterment or other final disposition of the42
human remains; or43
(iii) The applicant submits an order from a court of competent jurisdiction44
authorizing the disinterment and reinterment or other final disposition of the human45
remains.46
(2) Any disinterment and reinterment or other final disposition for which a permit is47
issued under this subsection shall be supervised, monitored, or carried out by a licensed48
funeral director or other person acting as such, upon proper application, in the county in49
which the dead body or dead fetus was originally interred and a.50
(3) A local registrar who issues such authorization a permit for disinterment and51
reinterment pursuant to this subsection shall not be civilly or criminally liable therefor52
if it such permit is issued in good faith.53
(4) A permit for disinterment and reinterment provided for in this subsection shall not54
be required when disinterment and reinterment are human remains are disinterred and55
reinterred in the same cemetery."56
SECTION 1-3.57
Said title is further amended by revising Code Section 31-21-6, relating to notification of law58
enforcement agency upon disturbance, destruction, or debasement of human remains, as59
follows:60
"31-21-6.61
(a) Any person who knows or has reason to believe that interred human remains have been62
or are being disturbed, destroyed, defaced, mutilated, removed, or exposed without a permit63
issued pursuant to Chapter 72 of Title 36, Code Section 36-72-4, 12-3-52, or Code64
Section 12-3-82, unless such activity is otherwise authorized by law without such a permit,65
or without written permission of the landowner for an archeological excavation on the site66
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by an archeologist or not in compliance with Section 106 of the National Historic67
Preservation Act, as amended, and any person who accidentally or inadvertently discovers68
or exposes human remains shall immediately notify the local law enforcement agency with69
jurisdiction in the area where the human remains are located.70
(b) Any law enforcement agency notified of the discovery or disturbance, destruction,71
defacing, mutilation, removal, or exposure of interred human remains shall immediately72
report such notification to the coroner or medical examiner of the county where the human73
remains are located, who shall determine whether investigation of the death is required74
under Code Section 45-16-24. If investigation of the death is not required, the coroner or75
medical examiner shall immediately notify the local governing authority of the county or76
municipality municipal corporation in which the remains are found and the Department of77
Natural Resources. If the remains are believed to be those of one or more aboriginal or78
prehistoric ancestors of or American Indians, then the Department of Natural Resources79
shall notify the Council on American Indian Concerns. All No additional land-disturbing80
activity likely to further disturb the human remains shall cease until occur unless:81
(1) The county coroner or medical examiner, after determining if it is determined that82
investigation of the death is required under Code Section 45-16-24, has completed83
forensic examination of the site; and84
(2)(A) A permit is issued for land use change and disturbance pursuant to Code85
Section 36-72-4 Chapter 72 of Title 36;86
(B) A a permit is issued or a contract is let pursuant to subsection (d) of Code87
Section 12-3-52; or88
(C) A permit is issued pursuant to subsection (b) of Code Section 12-3-82 written89
permission is obtained from the landowner for the conduct of an archeological90
excavation; or91
(3) If such a permit is not sought, the (D) The Department of Natural Resources92
arranges with the landowner for the protection of the remains; or93
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(E) Such activity is otherwise authorized by law without complying with one of the94
requirements listed in subparagraphs (A) through (D) of this paragraph.95
(c) The provisions of this Code section shall not apply to normal farming activity96
including, but not limited to, plowing, disking, harvesting, and grazing of livestock."97
SECTION 1-4.98
Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended99
by revising Chapter 72, relating to abandoned cemeteries and burial grounds, as follows:100
"CHAPTER 72101
36-72-1.102
(a) The care accorded the remains of deceased persons reflects respect and regard for103
human dignity as well as cultural, spiritual, and religious values. The General Assembly104
declares that human remains and burial objects are not property to be owned by the person105
or entity which owns the land or water where the human remains and burial objects are106
interred or discovered, but human remains and burial objects are a part of the finite,107
irreplaceable, and nonrenewable cultural heritage of the people of Georgia which should108
be protected.109
(b) It is the intent of the General Assembly that the provisions of this chapter be construed110
to require respectful treatment of human remains in accord with the equal and innate111
dignity of every human being and consistent with the identifiable ethnic, cultural, and112
religious affiliation of the deceased individual as indicated by the method of burial or other113
historical evidence or reliable information.114
36-72-2.115
As used in this chapter, the term:116
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(1) 'Abandoned cemetery' means a cemetery which shows or burial ground:117
(A) That shows signs of neglect including, without limitation, the unchecked growth118
of vegetation, repeated and unchecked acts of vandalism, or the disintegration of grave119
markers or boundaries and for which no person can be found who is legally responsible120
and financially capable of the upkeep of such cemetery;121
(B) In which no interment, entombment, or inurnment of human remains has occurred122
for a period of not less than 25 years;123
(C) In which no remains of a deceased human being that has a known living lineal124
descendant are interred, entombed, or inurned, unless such lineal descendant has125
abandoned or waived their rights and interests in such remains;126
(D) That has not been dedicated for public use, as provided in Code Section 44-5-230,127
unless such cemetery or burial ground is no longer known, recognized, or respected by128
the public as a cemetery or burial ground; and129
(E) That is not a perpetual care cemetery registered with the Secretary of State pursuant130
to Chapter 14 of Title 10, the 'Georgia Cemetery and Funeral Services Act of 2000,' or131
for which perpetual care has been promised or guaranteed.132
(2) 'Archeologist' means any person who is:133
(A) A member of or meets the criteria for membership in the Society of Professional134
Archaeologists and can demonstrate experience in the excavation and interpretation of135
human graves; or136
(B) Employed on July 1, 1991, by the state or by any county or municipal governing137
authority as an archeologist.138
(3) 'Burial ground' means an area dedicated to and used for interment of human remains.139
The Such term shall include privately owned burial plots, individually and collectively,140
once human remains have been buried therein. The fact that such the area was used for141
burial purposes shall be evidence that it was set aside for burial purposes.142
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(4) 'Burial object' means any item reasonably believed to have been intentionally placed
143
with the human remains at the time of burial or interment or any memorial, tombstone,144
grave marker, or shrine which may have been added subsequent to interment. Such term145
also means any inscribed or uninscribed marker, coping, curbing, enclosure, fencing,146
pavement, shelter, wall, stoneware, pottery, or other grave object erected or deposited147
incident to or subsequent to interment.148
(5) 'Cemetery' or 'cemeteries' means any land or structure in this state dedicated to and149
used for interment, entombment, or inurnment
of human remains. It may be either a150
burial park for earth interments or a mausoleum for vault or crypt interments or a151
combination of one or more thereof.152
(6) 'Descendant' means a person an individual or group of persons individuals related to153
a deceased human being by blood or adoption in accordance with Title 19.154
(7) 'Entombment' shall have the same meaning as set forth in Code Section 10-14-3.155
(7)(8) 'Genealogist' means a person who traces or studies the descent of persons or156
families and prepares a probative record of such descent.157
(8)(9) 'Human remains' or 'remains' means the bodies of deceased human beings in any158
stage of decomposition, including cremated remains.159
(10) 'Interment' shall have the same meaning as set forth in Code Section 10-14-3.160
(11) 'Inurnment' shall have the same meaning as set forth in Code Section 10-14-3.161
(12) 'Licensed funeral director' means an individual licensed in this state to practice162
funeral directing pursuant to the provisions of Chapter 18 of Title 43.163
(13) 'Lineal descendant' means an individual who is a direct descendant of a deceased164
human being by blood or adoption in accordance with Title 19, such as a child,165
grandchild, great-grandchild, and so on. Such term does not include a collateral166
descendant of a deceased human being, such as a sister, brother, uncle, aunt, niece,167
nephew, or cousin.168
(14) 'Perpetual care' shall have the same meaning as set forth in Code Section 10-14-3.169
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(9)(15) 'Preserve and protect' means to keep safe from destruction, peril, or other170
adversity and may include the placement of signs, markers, fencing, or other such171
appropriate features so as to identify the site as a cemetery or burial ground and may also172
include the cleaning, maintenance, and upkeep of the site so as to aid in its preservation173
and protection.174
36-72-3.175
(a) Counties, anywhere within the county boundaries, and municipalities municipal176
corporations, anywhere within the municipal boundaries, are authorized, jointly and177
severally, to preserve and protect any abandoned cemetery or any burial ground which the178
county or municipality municipal corporation determines has been abandoned or is not179
being maintained by the person who is legally responsible for its upkeep, whether or not180
that person is financially capable of doing so, to expend public money in connection181
therewith, to provide for reimbursement of such funds by billing any legally responsible182
person or levying upon any of his property as authorized by local ordinance, and to183
exercise the power of eminent domain to acquire any interest in land necessary for that184
purpose.185
(b) Regardless of whether a county or municipal corporation takes any action to preserve186
and protect cemeteries or burial grounds as authorized by subsection (a) of this Code187
section, the governing authority of such county or municipal corporation shall:188
(1) Accept any application for a disturbance permit under this chapter that is submitted189
in accordance with the provisions of Code Section 36-72-5;190
(2) Consider any such application at a public hearing held in accordance with the191
provisions of subsection (a) of Code Section 36-72-7;192
(3) Render a written decision on any such application in accordance with the provisions193
of subsection (b) of Code Section 36-72-7; and194
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(4) Perform any other action with respect to any such application that is required under195
the provisions of this chapter.196
36-72-4.197
(a) Except as otherwise authorized by law, no No known cemetery, burial ground, human198
remains, or burial object shall be knowingly disturbed by the owner or occupier of the land199
on which the cemetery or burial ground is located for the purposes of developing or200
changing the use of any part of such land unless a disturbance permit under this chapter is201
first obtained from the governing authority of the county or municipal corporation or202
county wherein the cemetery or burial ground is located, which, except as provided in Code203
Section 36-72-14, shall have authority to issue such permit such activity except as provided204
in Code Section 36-72-14 in accordance with the provisions of this chapter.205
(b) The prohibition contained in subsection (a) of this Code section against knowingly206
disturbing any known cemetery, burial ground, human remains, or burial object without207
first obtaining a disturbance permit under this chapter shall not be impacted by the decision208
or lack thereof of a county or municipal corporation to expend public money, exercise the209
power of eminent domain, or take any other action to preserve and protect cemeteries or210
burial grounds as authorized by Code Section 36-72-3, and the lack of such action taken211
by a county or municipal corporation shall not authorize the disturbance of any known212
cemetery, burial ground, human remains, or burial object without first obtaining a213
disturbance permit under this chapter.214
(c) No disturbance permit shall be issued under this chapter in connection with any215
cemetery or burial ground or any human remains or burial objects therein unless such216
cemetery or burial ground constitutes an abandoned cemetery as defined in this chapter.217
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36-72-5.
218
(a) The governing authority of a county or municipal corporation may prescribe the form
219
and manner of an application for a disturbance permit under this chapter. Such application220
Application for a permit shall include, at a minimum, the following information:221
(1) Evidence of ownership of the land on which the cemetery or burial ground is located222
in the form of a legal opinion based upon a title search;223
(2) Evidence that the cemetery or burial ground constitutes an abandoned cemetery as224
defined in this chapter;225
(3) A report prepared by an archeologist stating the number of graves believed to be226
present in the cemetery or burial ground and their locations as can be determined from227
the use of minimally invasive investigation techniques, including remote sensing methods228
and the use of metal probes, which activities shall not require a disturbance permit;229
(3)(4) A survey prepared by or under the direction of a registered surveyor showing the230
location and boundaries of the cemetery or burial ground based on an archeologist's231
report;232
(4)(5) A plan prepared by a genealogist for identifying and notifying the descendants of233
those buried or believed to be buried in such cemetery or burial ground. If those buried234
or believed to be buried are of aboriginal or American Indian descent, the genealogist, in235
preparing the notification plan, shall consult with the Council on American Indian236
Concerns created pursuant to Code Section 44-12-280 and shall include in the notification237
plan not only any known descendants of those presumed buried but also any American238
Indian tribes as defined in paragraph (2) of Code Section 44-12-260 that are culturally239
affiliated; and240
(5)(6) A proposal for mitigation or avoidance of the effects of the planned activity on the241
cemetery or burial ground. If the proposal includes relocation of any human remains or242
burial objects, the proposal shall specify the method of disinterment, the location and243
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method of disposition of the remains, the approximate cost of the process, and the
244
approximate number of graves affected.245
(b) If the governing authority of a county or municipal corporation does not prescribe the
246
form and manner of an application for a disturbance permit under this chapter, a person247
may apply for such a permit by submitting the information required under subsection (a)248
of this Code section in writing to such governing authority.249
36-72-6.250
(a) An The applicant for a disturbance permit under this chapter shall implement its plan251
for identifying and locating notifying descendants of those buried or believed to be buried252
in the cemetery or burial ground that is the subject of the application no later than the date253
the application is submitted to the governing authority of the county or municipal254
corporation where such burial ground or cemetery is located. The Such governing255
authority shall review the applicant's plan for identifying and notifying the such256
descendants of the deceased persons and may require as a condition for issuing a257
disturbance permit that the applicant implement additional reasonable attempts to identify258
and locate notify such descendants.259
(b) Notice to possible descendants of an application for a disturbance permit under this260
chapter shall include:261
(1) The location of the cemetery or burial ground that is the subject of the application;262
(2) Identification of the applicant;263
(3) A description of the planned activity for which a disturbance permit under this264
chapter is sought;265
(4) Proposals to mitigate the adverse effects of such activity on the cemetery or burial266
ground, or on the human remains or burial objects located therein;267
(5) Any plans for disinterment and reinterment of any human remains located in the268
cemetery or burial ground;269
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(6) Information information on how to contact the governing authority to which the270
application was submitted; and271
(7) A a summary of the rights of descendants under this chapter, including without272
limitation the right to contest that the cemetery or burial ground that is the subject of the273
application constitutes an abandoned cemetery as defined in this chapter.274
(c) The governing authority of a county or municipal corporation shall, after receiving an275
application for a disturbance permit under this chapter, promptly inform any descendant276
who indicates an interest in the disposition of the human remains and burial objects277
cemetery or burial ground that is the subject of the application, or any human remains or278
burial objects located therein, regarding any proposals for mitigation, the terms of any279
permit issued, the time and place of any scheduled public hearings on the application,280
proposals for mitigation, a decision on the application, the terms of any disturbance permit281
issued, and appeal procedures and events.282
36-72-7.283
(a) Within 15 An application for a disturbance permit under this chapter shall be284
considered by the governing authority of the county or municipal corporation at a public285
hearing to be held within 45 days after it such governing authority is satisfied that all286
reasonable effort has been made to notify descendants, as provided in Code287
Section 36-72-6, and following receipt of the recommendations of a any board or288
commission created pursuant to Code Section 36-72-9, the governing authority shall289
schedule a public hearing at which any. Any interested party or citizen may appear and be290
given an opportunity to be heard at such public hearing and, in. In addition to the notice291
required in Code Section 36-72-6, notice of the such public hearing shall be advertised in292
the legal organ of the jurisdiction once a week for the two four consecutive weeks293
immediately preceding the week in which any such hearing is held.294
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(b) Within 30 days after the conclusion of the a public hearing held pursuant to295
subsection (a) of this Code section on an application for a disturbance permit under this296
chapter, the governing authority shall notify the applicant in writing of its decision on the297
application. The governing authority shall have the authority to deny the application with298
written reasons therefor, to issue a disturbance permit adopting the application in whole or299
in part, or to issue a disturbance permit which may include additional requirements to300
mitigate the proposed activity's adverse effects on the cemetery or burial ground, including301
but not limited to relocation of the proposed project, reservation of the cemetery or burial302
ground as an undeveloped area within the proposed development or use of the larger parcel303
of land, and respectful disinterment and proper disposition of the human remains. The304
governing authority may adopt the applicant's proposal for mitigation.305
36-72-8.306
The governing authority of a county or municipal corporation shall consider the following307
in making its determination on an application for a disturbance permit under this chapter:308
(1) The presumption in favor of leaving the cemetery or burial ground and the human309
remains and burial objects therein undisturbed;310
(2) The rights, interests, concerns, and comments of any descendants of those buried in311
the burial ground or cemetery;312
(3) The rights, interests, concerns, and comments of and any other interested parties or313
members of the public;314
(4) Whether the cemetery or burial ground constitutes an abandoned cemetery as defined315
in this chapter;316
(3)(5) The economic and other costs of mitigation;317
(4)(6) The adequacy of the applicant's plans for disinterment and proper disposition of318
any human remains or burial objects;319
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(5)(7) The balancing of the applicant's interest in disinterment the activities for which320
the disturbance permit is sought with the public's and any descendant's interest in the321
value of the undisturbed cultural and natural environment of the cemetery or burial322
ground that is the subject of the application; and323
(6)(8) Any other compelling factors which the governing authority deems relevant.324
36-72-9.325
(a) The governing authority of any county whose population is in excess of 290,000 as326
established by the United States decennial census of 1980 or any such future census shall327
be authorized to establish or empower a new or existing commission or board to hear and328
review any application filed pursuant to for a disturbance permit submitted in accordance329
with the provisions of Code Section 36-72-5. The board or commission shall conduct a330
public hearing on any such application within 60 days of the filing of an such application331
and shall make a written recommendation to the governing authority no later than 15 days332
following the public hearing on whether such application should be approved and setting333
forth its opinion with respect to the sufficiency of the notice to descendants, whether the334
cemetery or burial ground constitutes an abandoned cemetery as defined in this chapter, the335
plan for mitigation, the disturbance and adverse effects on the cemetery or burial ground336
and the human remains and burial objects therein, the survey of the cemetery or burial337
ground, and any plans for disinterment and reinterment.338
(b) Notice of any public hearing conducted by a board or commission pursuant to339
subsection (a) of this Code section shall be:340
(1) Given to any descendant who indicates an interest in the cemetery or burial ground341
that is the subject of the application or any human remains or burial objects therein; and342
(2) Advertised in the legal organ of the jurisdiction once a week for four consecutive343
weeks immediately preceding the week in which any such hearing is held.344
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36-72-10.
345
The
In connection with an application for a disturbance permit under this chapter, the346
governing authority of a county or municipal corporation shall be authorized to impose an347
application fee which shall reflect the cost to the such governing authority for processing348
and reviewing the application including, but not limited to, the cost of hiring an attorney,349
independent archeologist, and independent surveyor to assist in making recommendations350
regarding the applicant's plan. Such fee, if imposed, shall not exceed $2,500.00.351
36-72-11.352
Should any applicant or descendant be dissatisfied with a decision of the governing353
authority of a county or municipal corporation on an application for a disturbance permit354
under this chapter, he or she, within 30 days of such decision, may file an appeal in the355
superior court of the county in which the cemetery or burial ground is located in addition356
to the superior courts enumerated in Code Section 50-13-19.357
36-72-12.358
Until Any person who is issued a disturbance permit under this chapter shall not begin or359
resume activities which comply with the terms of such permit until after the expiration of360
the time for appeal as set forth in Code Section 36-72-11 or, the applicant shall not begin361
or resume activities which comply with the permit issued by the governing authority. If if362
an appeal is filed, the applicant may begin or resume activities which comply with the363
permit only upon consent until after the final resolution of such appeal unless of the364
governing authority and the party seeking judicial review or upon order of that issued such365
permit and the party or parties that filed such appeal consent to such activities or the366
reviewing court issues an order authorizing such activities for good cause shown.367
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36-72-13.
368
The
In connection with an application for a disturbance permit under this chapter, the369
governing authority of a county or municipal corporation or local law enforcement agency370
shall inspect conduct inspections as necessary to determine whether the applicant has371
complied with the provisions of this chapter requiring cessation or limitation of activity and372
with the terms of the disturbance permit as issued by the such governing authority or as373
modified by the superior court or reviewing court.374
36-72-14.375
(a) Notwithstanding any provisions of this chapter to the contrary, when any agency,376
authority, or political subdivision of the state seeks to file an application for a disturbance377
permit under this chapter, the superior court having jurisdiction over the real property378
wherein the cemetery or burial ground is located shall have exclusive jurisdiction over the379
disturbance permit application. The superior court shall conduct its investigation and380
determination of the disturbance permit application in accordance with Code381
Sections 36-72-6 through 36-72-8.382
(b)(1) When activities of an agency, authority, or political subdivision of the state383
adversely affect an abandoned a cemetery or a burial ground, such agency, authority, or384
political subdivision shall bear the cost of mitigating the harm to the abandoned cemetery385
or burial ground or reinterring the human remains as a part of the cost of the project and386
is authorized to expend public funds for such purpose.387
(2) When activities of a private person, corporation, or other private entity adversely388
affect an abandoned a cemetery or a burial ground, such person, corporation, or other389
entity shall bear the cost of mitigating the harm to the cemetery or burial ground or390
reinterring the human remains.391
(3) The cost of mitigating the harm to an abandoned a cemetery or to a burial ground or392
reinterring the human remains exposed through vandalism by an unidentified vandal or393
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through erosion may be borne by the governing authority in whose jurisdiction the
394
abandoned
cemetery or burial ground is located.395
(c) The provisions of this chapter notwithstanding, the Department of Transportation shall396
not be required to obtain a disturbance permit under this chapter unless human remains are397
to be relocated; provided, however, that the department shall be required to obtain an398
archaeologist's report, pursuant to paragraph (2)(3) of Code Section 36-72-5, confirming399
the absence of human remains on the affected property.400
36-72-15.401
Any disinterment and disposition of human remains or burial objects permitted under this402
chapter shall be supervised, monitored, or carried out by the applicant's archeologist and403
a licensed funeral director and shall be done at the expense of the person or entity to whom404
the disturbance permit is issued.405
36-72-15.1.406
The issuance of a disturbance permit under this chapter shall not satisfy or otherwise waive407
the requirement to obtain any other permit required by law including, without limitation,408
the requirement to obtain a permit for disinterment and reinterment under subsection (f) of409
Code Section 31-10-20; provided, however, that any person who is issued a disturbance410
permit under this chapter that authorizes the disinterment and reinterment of human411
remains shall not seek a permit for disinterment and reinterment under subsection (f) of412
Code Section 31-10-20 until after the expiration of the time for appeal as set forth in Code413
Section 36-72-11 or, if an appeal is filed, until after the final resolution of such appeal414
unless the governing authority that issued such permit and the party or parties that filed415
such appeal consent to such disinterment and reinterment or the reviewing court issues an416
order authorizing such disinterment and reinterment for good cause shown.417
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36-72-16.
418
(a)
Any person who knowingly fails to comply with the provisions of this chapter shall be419
guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall pay420
a fine of not more than $5,000.00 for each grave site disturbed; provided, however, that any421
person who knowingly violates the provisions of Code Section 36-72-4 shall be guilty of422
a misdemeanor of a high and aggravated nature and, upon conviction, shall be incarcerated423
for not more than six months and shall pay a fine not less than $5,000.00 for each grave site424
disturbed.425
(b) In addition to bringing any other action and pursuing any other remedy that may be426
available at law or in equity, a descendant of any deceased human being whose remains are427
located in a burial ground or cemetery that is disturbed by any activities of the owner or428
occupier of the land where such cemetery or burial ground is located for which no429
disturbance permit under this chapter has been issued and that are not otherwise authorized430
by law may bring an action in any court of competent jurisdiction against the owner or431
occupier of such land to:432
(1) Enjoin such activities;433
(2) Recover, as damages, the cost to mitigate any harm to such human remains, the burial434
ground or cemetery where such human remains are located, or any burial object in435
connection with such human remains that is caused by such activities; and436
(3) Recover any costs and reasonable attorney's fees incurred in bringing such action."437
SECTION 1-5.438
Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in Code439
Section 44-12-283, relating to the powers and duties of the Council on American Indian440
Concerns, by revising paragraph (1) as follows:441
"(1) To serve as a resource for the notification of relatives under paragraph (4)(5) of442
Code Section 36-72-5, relating to notification of relatives pursuant to obtaining in443
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connection with an application for a disturbance permit for land use change or444
disturbance under Chapter 72 of Title 36; provided, however, that failure of the council445
to respond within 30 days to a request to serve as a resource for the notification shall not446
prevent the notification process or any permit process from taking place;"447
PART II448
SECTION 2-1.449
Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended450
by adding a new chapter to read as follows:451
"CHAPTER 72A452
36-72A-1.453
As used in this chapter, the term:454
(1) 'Burial right' means the right to use a grave space, mausoleum, or columbarium for455
the interment, entombment, or inurnment of human remains.456
(2) 'Cemetery' means a place dedicated to and used, or intended to be used, for the457
interment, entombment, or inurnment of human remains.458
(3) 'Columbarium' shall have the same meaning as set forth in Code Section 10-14-3.459
(4) 'Descendant' means an individual related to a deceased human being by blood or460
adoption.461
(5) 'Entombment' shall have the same meaning as set forth in Code Section 10-14-3.462
(6) 'Family burial plot' means a private, noncommercial cemetery. Such term shall not463
include governmentally owned cemeteries, fraternal cemeteries, cemeteries owned and464
operated by churches, synagogues, or other religious organizations, cemeteries wherein465
burial rights are sold or offered for sale, or cemeteries that are owned by registered466
cemetery owners pursuant to Chapter 14 of Title 10.467
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(7) 'Final disposition' or 'disposition' means the disposal of human remains by interment,468
entombment, inurnment, or any other lawful means.469
(8) 'Grave space' means a space of ground in a cemetery intended to be used for the470
interment of human remains.471
(9) 'Human remains' shall have the same meaning as set forth in Code Section 10-14-3.472
(10) 'Interment' shall have the same meaning as set forth in Code Section 10-14-3.473
(11) 'Inurnment' shall have the same meaning as set forth in Code Section 10-14-3.474
(12) 'Mausoleum' shall have the same meaning as set forth in Code Section 10-14-3.475
(13) 'Outer burial container' shall have the same meaning as set forth in Code476
Section 10-14-3.477
(14) 'Registered land surveyor' shall have the same meaning as set forth in Code478
Section 43-15-2.479
36-72A-2.480
(a) No person shall establish a family burial plot on or after July 1, 2025, without having481
first obtained a permit authorizing the establishment of such family burial plot from the482
governing authority of the county or municipal corporation wherein the family burial plot483
is to be established, which shall have authority to issue such permit in accordance with the484
provisions of this chapter.485
(b) No permit shall be issued under this chapter unless the family burial plot to be486
established meets the minimum requirements provided for in Code Section 36-72A-3.487
36-72A-3.488
Each family burial plot created on or after July 1, 2025, shall:489
(1) Be located on a tract of land that is:490
(A) At least one acre in size;491
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(B) Subject to an easement granting perpetual access to the family burial plot that is492
in favor of the county or municipal corporation wherein such land is located and the493
immediate family and descendants of those interred, entombed, or inured in such family494
burial plot; and495
(C) Subject to a covenant that imposes on the owner, and all subsequent owners, of496
such land the perpetual obligation to preserve, protect, and maintain such family burial497
plot;498
(2) Not be located in a flood plain or within 100 feet of a water well;499
(3) Have all human remains that are located or are to be located in such family burial500
plot:501
(A) Interred in a grave space;502
(B) Entombed in a mausoleum; or503
(C) Inurned in a columbarium;504
(4) Be surveyed by a registered land surveyor to show the boundaries of such family505
burial plot; and506
(5) Not be used for the purpose of selling burial rights.507
36-72A-4.508
(a) The governing authority of a county or municipal corporation may prescribe the form509
and manner of an application for a permit under this chapter. Such application shall510
include, at a minimum, the following information:511
(1) Evidence of ownership of the land on which the family burial plot is to be established512
or evidence that the owner or owners of such land consent to the establishment of the513
family burial plot; and514
(2) Evidence that the family burial plot meets the minimum requirements provided for515
in Code Section 36-72A-3.516
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(b) If the governing authority of a county or municipal corporation does not prescribe the517
form and manner of an application for a permit under this chapter, a person may apply for518
such a permit by submitting the information required under subsection (a) of this Code519
section in writing to such governing authority.520
36-72A-5.521
In connection with an application for a permit under this chapter, the governing authority522
of a county or municipal corporation shall be authorized to impose an application fee which523
shall reflect the cost to such governing authority for processing and reviewing the524
application.525
36-72A-6.526
(a) Upon satisfactory proof that a proposed family burial plot that is the subject of an527
application for a permit under this chapter meets the minimum requirements provided for528
in Code Section 36-72A-3, as well as any additional requirements imposed by the county529
or the municipal corporation wherein such family burial plot is to be established, and upon530
the payment of any application fees imposed pursuant to Code Section 36-72A-5, the531
governing authority of such county or municipal corporation shall issue to the applicant a532
permit under this chapter authorizing the establishment of such family burial plot.533
(b) Upon the denial of an application for a permit under this chapter by the governing534
authority of a county or municipal corporation, the applicant may, within 30 days after such535
denial, file an appeal in the superior court of the county wherein the proposed family burial536
plot is to be established.537
36-72A-7.538
Nothing in this chapter is intended to prohibit, restrict, or limit the ability of the governing539
authority of a county or municipal corporation to impose regulations and requirements540
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concerning the establishment of family burial plots that do not conflict with the provisions541
of this chapter. Any regulation or requirement imposed by the governing authority of a542
county or municipal corporation that conflicts with the provisions of this chapter shall be543
void and unenforceable.544
36-72A-8.545
(a) Any person who violates subsection (a) of Code Section 36-72A-2 shall be subject to546
a civil penalty not to exceed $5,000.00 for each violation. The governing authority of a547
county or municipal corporation shall be authorized to bring an action in the superior court548
of the county where such violation occurred to recover the civil penalties authorized by this549
subsection.550
(b) In an action brought pursuant to subsection (a) of this Code section, the governing551
authority of a county or municipal corporation may seek an order from the court requiring552
the violator to bring the family burial plot into compliance with the minimum requirements553
provided for in Code Section 36-72A-3 and with any additional requirements imposed by554
the county or municipal corporation. If the family burial plot cannot be brought into555
compliance with such requirements, the court may order that any human remains located556
in the family burial plot be disinterred and reinterred, or otherwise disposed of, in a suitable557
location that complies with the requirements as provided by law.558
(c) Any remedial action or disinterment and disposition of human remains ordered by a559
court pursuant to subsection (b) of this Code section shall be performed at the expense of560
the person or persons found to have violated subsection (a) of Code Section 36-72A-3."561
PART III562
SECTION 3-1.563
Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in564
Chapter 10, relating to historic preservation, by adding a new article to read as follows:565
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"ARTICLE 4566
44-10-50.567
As used in this article, the term:568
(1) 'Descendant' means an individual related to a deceased human being by blood or569
adoption.570
(2) 'Entombment' shall have the same meaning as set forth in Code Section 10-14-3.571
(3) 'Grave site' means the place were human remains have been interred, entombed, or572
inurned.573
(4) 'Human remains' or 'remains' means the bodies of deceased human beings and574
includes bodies in any stage of decomposition and cremated remains.575
(5) 'Interment' shall have the same meaning as set forth in Code Section 10-14-3.576
(6) 'Inurnment' shall have the same meaning as set forth in Code Section 10-14-3.577
44-10-51.578
(a) A descendant of a deceased human being whose remains have been interred, entombed,579
or inurned on the land of another may, when denied entry upon such land, bring an action580
against the owner of such land in the superior court of the county where such land is581
located for an order allowing the descendant to enter upon such land for the purpose of582
visiting, caring for, or maintaining the grave site where such human remains are located.583
(b) When granting an order described in subsection (a) of this Code section, the superior584
court may:585
(1) Specify the dates and the hours that the descendant may enter and remain upon such586
land;587
(2) Grant the descendant the right to enter upon such land periodically, as specified in588
the order; and589
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(3) Impose any limitations on the descendant's ability to enter upon such land to prevent590
unreasonable interference with the use and enjoyment of such land by the owner thereof.591
44-10-52.592
(a) When an individual has reasonable grounds to believe that he or she is a descendant593
of a deceased human being whose remains may have been interred, entombed, or inurned594
on the land of another, such individual may, when denied entry upon such land for the595
purpose of discovering whether such human remains are located therein, bring an action596
against the owner of such land in the superior court of the county where such land is597
located for an order allowing the individual to enter upon such land for the purpose of598
discovering whether he or she is a descendant of a deceased human being whose remains599
may be located on such land.600
(b) When granting an order described in subsection (a) of this Code section, the superior601
court may:602
(1) Authorize entry upon the land for the purpose of discovering the existence of human603
remains therein and conducting genealogical research with respect to any such human604
remains;605
(2) Specify the dates and the hours that entry upon the land may occur; and606
(3) Impose any limitations on the ability to enter upon such land to prevent unreasonable607
interference with the use and enjoyment of such land by the owner thereof.608
44-10-53.609
Any remedy granted pursuant to the provisions of this article shall be in addition to and610
cumulative of all other remedies provided by law, and any action brought pursuant to the611
provisions of this article shall not preclude the ability of any individual to bring any other612
action or seek any other remedy that may be available at law or in equity."613
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PART IV
614
SECTION 4-1.615
All laws and parts of laws in conflict with this Act are repealed.616
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