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Part of our cultural landscape The size, ornamentation, and documentation of European sites varies Native American Sites vary by time period, cultural group, and family beliefs

Legal Protection of Cemeteries

Cemeteries Today Today more and more of these lost cemeteries in Indiana have been unearthed because of the sprawl construction. Accidental discoveries occur. Constituents are more and more concerned about this and have begun lobbying. Convinced legislature to pass laws.

Indiana Laws 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

GOAL It is estimated that there are 20,000 sites in the state. Only one staff member given the responsibility to work on this project. Therefore, need to rely on volunteers.

GOALS Location Location Location Did I mention, location? Art/architecture General religion General ethnicity Condition Resources

Why DNR? 1966 Historic Preservation Act Responsibilities DHPA

SHAARD Online database of historic resources in Indiana. For cemeteries, have “A” – “Ripley” in the database (other counties past “Ripley” are also in) with more every day Always looking for more and corrected information/data. www.in.gov/dnr/historic/4505.htm

Indiana Laws IC 14-21-1-7 Defines human remains 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 A person may not disturb the ground within 100 feet of a burial ground for the purpose of excavating or covering over the ground or erecting, altering or repairing any structure without having a development plan approved by DHPA

Indiana Laws IC 14-21-1-27 A person finding human remains must notify DHPA within two days. Reburial will in 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 with the DHPA.

Probing Requirements WRITTEN landowner permission Training Application per cemetery 6 Inch depth Not for graves or burials – for tombstones ONLY It’s good for one year with a possibility of a year extension.

Things to remember about probing Before beginning to probe, repair all possible stones with pieces found in the cemetery. The piece missing might simply be stacked in the corner of the cemetery. The probe should be solid-tipped and be blunt-ended; no hollow-core probes. Do not use longer probes as they may penetrate the coffin chambers and contact human remains. Despite common belief, historic graves are rarely as deep as six feet. Create a systematic probing approach; random probing will not help find stones. Identify the most likely place there were stone would be located (i.e. near the head of the grave). Have an understanding of grave orientation. Most historic graves are oriented east-west with the head to the west.

Cleaning stones Mowing or other maintenance Repairs Digging hole for placement of new base Taking stone out of ground if you can see it. Don’t Need DHPA Permit For To stick a rod, stick, bar, trowel - ANYTHING in the ground to find a tombstone or grave marker that cannot be seen from above ground You Do Need a DHPA Permit to

Indiana Laws IC 14-21-1-29 If you find an artifact, notification of our department must be within two days. IC 14-21-2 Discusses removal of grave memorial with a new stone must be reported to the County Recorder; Makes selling grave artifacts illegal

Indiana Laws 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 IC 23-14-26 Discusses the creation of Cemetery Commissions at the county level

Indiana Laws IC 23-14-57 Describes how cemeteries and human remains are disinterred 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) accessed for $1.00 per acre. IC 23-14 Defines a cemetery, discusses care of cemeteries in use, surveys of cemeteries, and other aspects of cemeteries in use.

Indiana Laws IC 23-14-68 Care of Cemetery by Township *In Existence before February 28, 1939 *Taxes are not paid on the property *Not managed by any viable organizations *Cemeteries without funds for maintenance Defines what the Township Trustee must do *Reset and straighten all monuments *Level and seed the ground *Construct fences *Destroy detrimental plant, noxious weed, and rank vegetation

IC 35-43 Criminal Mischief - allows for a person to be convicted under the criminal mischief law if they vandalize a cemetery To see the entire law, go to http://www.in.gov/legislative/iac/ put in the code and the law will be displayed

Finding cemeteries Witching Ground penetrating radar Archaeology Depressions Physical Evidence Creeping myrtle/natural environment

What is the best way to record the location of a cemetery?

Definitions GIS – geographic information systems GPS – global positioning systems

Cemetery Projects Making sure it is in SHAARD Readings of tombstones History of individuals Flags on veterans’ graves Websites Cleaning up yard Signs at the cemetery Preservation

What not to do in the cemetery? Trespass – getting to site Probing (without permit) Moving of stones Taking of stones Improper cleaning methods Vandalize Shaving cream Chalk Peanut butter

Jeannie Regan-Dinius 317/234-1268 [email_address] www.in.gov/dnr/historic

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