Cemetery Consultation Form
During the 2018 Maryland legislative session, the General Assembly added the following provision to the Real Property Article of the Annotated Code of Maryland:

§ 14-121.1. Proper treatment of burial site in existence for more than 50 years
(a)  "Burial site" defined. -- In this section, "burial site" has the meaning stated in § 14-121 of this subtitle.
(b) Owner to consult with Director of Maryland Historical Trust. -- An owner of a burial site or of the land encompassing a burial site that has been in existence for more than 50 years and in which the majority of the persons interred in the burial site have been interred for more than 50 years shall consult with the Director of the Maryland Historical Trust about the proper treatment of markers, human remains, and the environment surrounding the burial site.
(c)  Advice is not binding. -- Advice provided by the Maryland Historical Trust under this section is not binding on the owner of the burial site.

Section 14-121, to which this provision refers, defines “burial site” as “any natural or prepared physical location, whether originally located below, on, or above the surface of the earth into which human remains or associated funerary objects are deposited as a part of a death rite or ceremony of any culture, religion, or group.” Under these provisions, the owner of a covered burial site is required to consult with MHT before altering one or more of the following: (1) grave markers, (2) human remains, or (3) the environment surrounding the burial site. 

As you can tell from the language of § 14-121.1, the statute contemplates that it will be the owner of the cemetery (or the land that encompasses it) who consults with MHT. Where the property at issue has no known owner, however, MHT will offer non-binding guidance about the proper treatment of markers and other aspects of the burial site in an effort to further the statute’s preservation goal.  

Please be advised, however, that MHT cannot waive the applicable statutory provisions or authorize or condone a trespass, so it is important that you have made every effort to identify the owner of the property and obtain the owner’s permission before entering onto the property at issue.  

If you are not the owner of a burial site or of the land encompassing a burial site that meets the definition outlined above, but plan on conducting activities that will impact the grave markers, human remains, or surrounding environment of the burial site, please complete and submit this form so that MHT may provide advice regarding cemetery preservation best practices.
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Email *
Name of Person Completing This Form
Phone Number of Person Completing This Form
Individual or Organization Leading This Project
Owner of the Cemetery
Location of the Burial Site
Please provide the physical address of the property where the burial site is located.  If you have a smartphone, it should be able to generate GPS coordinates, such as longitude/latitude, for the precise location of the burial site, which would be helpful.
Description of the Burial Site - Current Condition
Please provide a description of the current condition of the burial site.
Description of the Burial Site - History
Please provide as full a description of the history of the burial site as you can, including present and past names of cemetery, date of the cemetery's establishment, and common surnames found in the cemetery
Description of Anticipated Alterations
Please describe the alterations that you anticipate making to the burial site or its surrounding environment. 

Commonly performed maintenance can include the cleaning, repair, and resetting of grave markers; the repair, removal, or addition of fencing, curbing, benches, or other burial site furniture; and the planting of ornamental vegetation and the removal of volunteer/invasive species. 

Less commonly performed activities include grading, paving, or otherwise changing the contour of the land, and the removal or relocation of human remains. Note, however, that these more significant actions may require the prior approval of other State and local agencies.
Check List of Anticipated Common Alterations
Anticipated alterations include grading, paving, or otherwise changing the contour of the land, and/or the removal or relocation of human remains.
 *
Timeline of Anticipated Alterations
Please describe the schedule of the anticipate alterations. 
Description of Any Governmental Involvement
If you have received any governmental funding, such as state grants, or permits for the proposed work, please provide a complete list of the same, identifying the governmental agency that provided the assistance (even if from MHT).
Other Information
Please use this section to provide any additional information.
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