ACPA - Alabama Cemetery Legislation & Laws

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Existing Alabama Cemetery Laws

The Code of Alabama 1975 contains laws that provide some degree of protection to her cemeteries. It also declares that descendents of persons buried in a cemetery have the right of access to these gravesites while protecting the rights of owners of land containing gravesites. The Alabama Code also provides for penalties for desecrating gravesites. Existing laws are scattered throughout the Code of Alabama 1975. Existing laws need strengthening to provide better protection of this segment of our sacred heritage. This provides a quick reference to the various Alabama laws that apply to cemeteries within the state and what rights you may or may not now have enabling access to cemeteries ìparticularly rural, family cemeteries" that have been abandoned for all practical purposes, and/or to those that remain landlocked on private property. Interpretation and enforcement of these laws will vary from locale to locale and remains in the purview of lawyers, county and city law enforcement officials and the legislature. It is the intent of the ACPA to bring to attention to these officials which laws are currently in existence and to influence the Alabama Legislature to pass stronger cemetery preservation laws for the future.

The following references are provided courtesy of the Alabama Historical Commission:

•	Synopsis of Alabama Cemetery Law: This provides a synopsis of each of the applicable laws in the Code Of Alabama 1975. To read the full text of any section of the Code Of Alabama 1975, go to the Official Alabama Legislature web site at http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm.
•	Criminal Legislation: This provides the full text of the Code of Alabama 1975, Section 13A-7-23.1 that is included in the above referenced summary.
•	AHC - Cemetery Permits: Alabama law (Sections 13A-7-23.1(d) and 41-9-242 through -249) requires that any work to be done on an historic cemetery (a cemetery that is 75 years old or older) must be approved in writing by the Alabama Historical Commission by their issuance of a permit. This paper describes the various types of permits that may be issued and what steps must be taken to apply for a cemetery work permit. Note: A cemetery must be forty years old or older to be listed on the AHC's Alabama Historic Cemetery Register Program but must be 75 years old or older before permits are required for cemetery maintenance, restoration, preservation, and associated efforts. Also please note that while the AHC's Alabama Historic Cemetery Register Program has been established to register cemeteries 40 years old or older, the ACPA seeks to register all cemeteries within Alabama regardless of age and that these are two separate and distinct cemetery registry programs.
•	AHC - Cemetery Permits - Additional Requirements For Relocations Only: This is a continuation of the above and addresses only the procedures set forth by the AHC to relocate burials or funerary objects in historic cemeteries to other locations. There are other requirements for cemetery relocations not regulated by the Alabama Historical Commission. It is the responsibility of the person(s) relocating a cemetery to educate himself to all requirements.

Other references and discussions will be posted here as they become available.

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