Please note that in Georgia, city and county governments are responsible for enforcing state laws and local regulations regarding historic cemeteries. Here in the State Historic Preservation Office, our primary role is to offer information and make suggestions about whom you might contact to see that cemeteries in your area are protected. Remember that enforcement of these laws is the direct responsibility of your local governing authorities. Therefore, if you have concerns, it will be necessary for you to contact the appropriate local officials and ask how these state laws are enforced to protect cemeteries in your community. Contact the local government office that would have control over the development, such as the development permitting office, board of planning and zoning, the code enforcement office, the county commission or city council, and/or the city or county attorney.

You may want to visit the government department in person and take along copies of the three laws listed below. The local government authorities may not be aware of these little-used laws and the responsibilities under them so it may be helpful to offer them a copy.

Below is a summary of state and local responsibilities:
    
State laws:
No state laws prohibit development around a historic cemetery nor do they set out required buffers between the development and the cemetery. (See buffers discussed below The laws primarily protect the burials from disturbance. A developer whose project will not impact the actual cemetery is not required by state law to do anything else with regard to it, including cleaning it up. A private landowner is likewise not required to clean up a cemetery on his or her land. Just like a developer, the private landowner is only required to not disturb the graves, in compliance with our state laws.

The three primary laws in Georgia that prohibit disturbance of human burials are Official Code of Georgia §36-72-1 et seq., §31-21-6, and §31-21-44.

Code  §36-72-1 is the law that specifically addresses development impacting a cemetery. Please read the several steps a developer is required to take (paragraphs 4, 5 and 6) including having an archaeologist identify the location of all graves (including unmarked) and also having a genealogist prepare a plan for identifying and contacting descendants. If you are a descendant, your concerns are to be considered regarding the proposed plan for the cemetery. It may be best for you to consult an attorney yourself to clarify your rights in this situation but certainly contact the local government authorities who are permitting the development, if you have concerns.

Code §31-21-6 spells out what to do when you believe that burials are being or might be disturbed, or if burials are inadvertently exposed. The law directs you to contact the local law enforcement authority, who is to stop the project activity and investigate the situation. You may want to print copies of these laws (click on code section numbers above to read and download) and contact your county police or sheriff's office, county commission, zoning board, or development permitting office to offer this information to them. The local law enforcement authorities may not be aware of these little-used laws and the responsibilities under them.

Code §31-21-44 generally prohibits disturbing the contents of a grave, the abandonment of a dead body, and the display of American Indian remains.

County or city regulations:
Some counties and cities in Georgia have now enacted local ordinances setting out buffers and other requirements a developer must follow when the project area includes a cemetery. We recommend that you check with your local governing authorities, such as the Board of Commissioners, the planning or zoning department, the development permitting office, and/or the county or city attorney, regarding any local regulations and their enforcement.