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The police should also be contacted if you know of graves, gravestones, cemetery fences, etc., that are being damaged or desecrated.

If you find human bones (or even bones that appear to be human) you should leave them in place and report your find to the local or state police ( immediately. Exposed bones may be associated with criminal activity (homicide, grave vandalism, etc.) or may otherwise require the attention of trained law enforcement personnel. If you disturb or remove human remains you might also compromise a crime scene. This law applies to all human burials, whether prehistoric, historic, or modern. Conviction is punishable by two to ten years in prison and up to $100,000 in fines. Disinterring (removing from a grave) or displacing part or all of any buried human remains is a Class 4 felony under Virginia law (§ 18.2-126). Contact DHR Archives staff for assistance.įirst of all, do not remove anything. Staff will integrate the information into our databases. Who should I call if I want to help preserve old graveyards and isolated graves?ĭownload this Citizens Cemetery Recordation Form, fill it out according to the instructions, and send it to DHR’s Archives. Who should I call if I need a copy of the laws pertaining to cemeteries? Who should I call to find out about permits for conducting archaeology on human burials? Who should I call to find out about local regulations regarding human burials and cemeteries? Who should I call if I know of graves that are being dug up, or grave stones, cemetery fences, etc., that are being damaged?

Who should I call if I find a burial or cemetery on my land? Who should I call if I find human bones, coffin remains, or other evidence of human burial? What questions should I be prepared to answer to receive the most helpful and accurate guidance from DHR staff regarding a cemetery?

What are “archaeological permits” for removing human burials? Who is responsible for getting the court order or permit? What are the legal means for removing and relocating human remains from cemeteries and burial places? Whose responsibility is it to take care of old cemeteries? What are my legal rights and obligations? Do I have to maintain the cemetery or let family members come on my land? I have an old abandoned cemetery on my property. What are my rights regarding that cemetery? Someone else now owns the land where my ancestors are buried. What do I do if I find human bones or an unmarked grave? How do I record a cemetery in DHR’s Inventory? Please note: Unless re-appropriated in future budget bills by the General Assembly, all funding for care of Confederate graves has now ended as of State Fiscal Year 2022, which began July 1, 2021.įAQs: Funds for Historical African American Graves and CemeteriesįAQs: Funds for Revolutionary War Graves and Cemeteries If you have questions about Virginia’s burial laws or your rights as a citizen, we strongly urge you to contact a legal professional. The information should not be construed as legal advice, since this agency cannot interpret the laws regarding cemeteries. The following information is provided as a service to visitors to this website. Guidelines for Conducting Historic Resource Survey in Va.