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GRAVESITE LAWS
PROTECTION AND PRESERVATION (HEADING: PL 1987, c. 326, §1
(new))13 § 1371. Approval for repair, maintenance and removal 1. Prior authorization or approval for repair, maintenance or
removal. Any person may repair, maintain or remove, subject to the restrictions of subsection 2, any tomb, monument, gravestone,
marker or other structure placed or designed as a memorial to the dead, or any portion or fragment of any such memorial, or
any fence, railing, curb or other enclosure for the burial of the dead, after obtaining: A. The authorization of the owner
of the burial lot or a lineal descendent of the deceased buried there, if reasonable to locate and notify; or [1987, c. 326,
§1 (new).] B. The written approval of the municipality or, in the case of unorganized territory, the county in which the cemetery
or burial ground is located. [1987, c. 326, §1 (new).] [1987, c. 326, §1 (new).] 2. Conditions on removal. Removal of a tomb,
monument, gravestone, marker or other structure placed or designed as a memorial to the dead, or a portion or fragment of
a memorial, is permitted only for the purpose of preservation. A tomb, monument, gravestone, marker or other structure placed
or designed as a memorial to the dead, or a portion or fragment of a memorial, may not be removed from the confines of the
cemetery or burial ground, except that unorganized territory, stating the location of the burial ground, the identification
a person who has obtained authorization or approval described in subsection 1, paragraph A or B, may remove all or a portion
of a memorial for a period of no longer than 6 months for the purpose of repair, restoration or preservation, but only when
repair, restoration or preservation can not reasonably be accomplished on the site of the cemetery or burial ground. Prior
to removal of the memorial, a notice must be submitted to the municipality, or to the county in the case of an of the memorial,
the authority requesting the removal, the site to which the memorial will be temporarily removed, the proposed date of removal
and the proposed date of replacement in the burial ground. [1997, c. 193, §1 (amd).] Section History: 1987, c. 326, § 1 (NEW).
1997, c. 193, § 1 (AMD). 13 § 1371-A. Limitations on construction and excavation near burial sites 1. Known burial sites.
Construction or excavation in the area of a known burial site or within the boundaries of an established graveyard must comply
with any applicable land use ordinance concerning burial sites or graveyards, whether or not the burial site or graveyard
is properly recorded in the deed to the property. In the absence of local ordinances, construction or excavation may not be
conducted within 25 feet of a known burial site or within 25 feet of the boundaries of an established graveyard, whether or
not the burial site or graveyard is properly recorded in the deed to the property, except when the construction or excavation
is performed pursuant to a lawful order or permit allowing the relocation of bodies or when necessary for the construction
of a public improvement, as approved by the governing body of a city or town or, in the case of a state highway, by the Commissioner
of Transportation. [1991, c. 412, §2 (new).] 2. Undocumented burial site. The following procedures apply to construction or
excavation that threatens an undocumented or unmarked burial site. A. Whenever any person has knowledge that excavation or
other construction activity may disturb or is disturbing a burial site, that person shall notify the local code enforcement
officer by providing an affidavit and any other evidence of the location of the burial site. [1991, c. 412, §2 (new).] B.
Upon receipt of proper notification, the code enforcement officer shall issue a stop-work order to the person or entity responsible
for the activity that threatens to disturb the burial site. [1991, c. 412, §2 (new).] C. Before the construction activity
may continue, the excavator or person who owns the land shall notify the Director of the Maine Historic Preservation Commission
and the president of any local historical society of the probable location of the burial site. The excavator or the person
who owns the land shall also arrange, at that person's own expense, for appropriate investigation to determine the existence
and location of graves. [1991, c. 412, §2 (new).] D. When the investigation is complete, if no human remains are discovered,
the person responsible for the investigation shall notify the code enforcement officer of the results and the code enforcement
officer shall revoke the stop-work order if satisfied that the investigation is complete and accurate. [1991, c. 412, §2 (new).]
E. If a burial site is discovered, excavation or construction may not continue except in accordance with subsection 1 and
other applicable provisions of state law. [1991, c. 412, §2 (new).] [1991, c. 412, §2 (new).] 3. Application. This section
applies only to burial sites and graveyards containing the bodies of humans. [1991, c. 412, §2 (new).] Section History: 1991,
c. 412, § 2 (NEW).
~Stacey (founder N.E.P.S.)~
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