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Existing Alabama Cemetery Laws
This section provides a quick reference to the various Alabama laws that apply to cemeteries within the state. Existing laws concerning the use, care and protection of cemeteries are scattered throughout the Code of Alabama 1975, which contains laws that provide some degree of protection to Alabama's cemeteries, including penalties for desecrating grave sites. Interpretation and enforcement of these laws may vary from locale to locale and remains in the purview of county and city law enforcement officials, and the legislature.
It is the intent of the ACPA to make these laws known and to encourage any legislation that strengthens cemetery preservation laws for the future.
The following link provides a downloadable PDF document listing pertinent cemetery related laws found in the Code of Alabama for easy reference. You can also go to the Official Alabama Legislature web site to check for any updates, associated laws or background information at.
http://alisondb.legislature.state.al.us/alison/codeofalabama/1975/coatoc.htm
DOWNLOAD: Code of AL - Cem Extract-Indexed-2018-03.pdf
Due to frequent questions being asked about cemetery acces, we have highlight ‘The Cemetery Access Law’ (included in the above Downloaded document), in the Special interest topics (see below).
• The Alabama Criminal Code and Cemeteries •
The Criminal Code and Cemeteries: Sections 13A-7-23.1, 13A-11-12 and 13A-11-13 of the Alabama Criminal Code provides the following related to protecting cemeteries. Please note that willfully violating this law has the same weight as maliciously doing harm to the cemetery. Also note that subsections (c) and (d) define a strong roll for the Alabama Historical Commision (AHC). However, the AHC is not a law enforcement agency and any report of damage to a cemetery should be reported to the municipal or county law officials for further investigation and action.
DOWNLOAD: The ALABAMA CRIMINAL CODE and CEMETERIES.PDF
The topics below are of special interest.
• Alabama Cemetery Access Law - 35-1-4 •
Gov. Riley Signed into Law June 13, 2007
The ACPA was instrumental in a legislative study to identify reasons why some property owners were denying access to cemeteries on their property and to seek fair and equitable solutions to all involved. That study resulted in the Cemetery Access Law being passed in 2007 and codified into the Code of Alabama in 2008 as Section 35-1-4. This law provided individuals the right of access to cemeteries while protecting property owners for liability if those individuals injured themselves while on the property. In turn, cemetery visitors are held liable for any damage they do while on the property.
DOWNLOAD: Alabama Cemetery Access Law - 35-1-4.pdf
• Preneed Services •
Alabama Preneed Funeral and Cemetery Act: This important legislation has been codified into Aabama law Section 27-17A of the Code pf Alabama. Section 27-17A deals with the preneed sales and services of the funeral and cemetery industry. The Preneed PDF contains a synopsis to serve as a reference to those who are working with cemetery preservation projects. While you may not be interested in preneed sales and services for your project, Section 27-17A provides an excellent list of useful definitions that may be of interest.Section 27-17A also covers Trust Funds as they pertain to Preneed Services and may be useful when considering establishing a trust fund for Perpetual or Endowment Care of cemeteries.
DOWNLOAD: Code of AL - Preneed Funeral & Cemetery-Section 27-17A.PDF
• Alabama Historical Commission - Cemetery Permits •
From the AHC Website
Cemetery Permit Requirements
§13A-7-23.1 of the Code of Alabama 1975 states, “The Alabama Historical Commission, to provide for the lawful preservation, investigation, restoration, or relocation of human burial remains, human skeletal remains, or funerary objects, shall promulgate rules and regulations for the issuance of a permit and may issue a permit to persons or companies who seek to restore, preserve or relocate human burial remains, human skeletal remains, funerary objects, or otherwise disturb, a place of burial.” The AHC only issues permits for cemeteries that are at least 75 years old or older. A permit is issued in the form of a letter signed by the Executive Director of the Alabama Historical Commission.
Permit for General Cleaning & Upkeep/Preservation
General cleaning and upkeep/preservation refers to any altering of the cemetery beyond cutting the grass and general maintenance.
Examples:
- Major removal or cutting of trees, shrubs, flowers, or other plants
- Movement of gravestones, monuments, markers, funerary objects, and/or installation/removal of fencing or retaining walls
- cleaning, repair, stabilizing and re-setting of grave markers
- planting or re-planting of vegetation
- adding major elements to the cemetery (fences, roads, pathways, lighting, etc.)
Permit for Relocation
Relocation refers to the removal of human remains, their container or tomb, as well as any gravestone, marker, monument, funerary, or burial objects associated with the human remains. Example: Situations where a single burial or whole cemetery must be moved due to construction, erosion or other factors.
Please check the AHC’s Cemetery Program website for additional permit information as well as contact information and other very useful cemetery preservation services and guidelines provided at https://ahc.alabama.gov/cemeteryprogram.aspx.
