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36-72-4 G
*** CODE SECTION ***  08/26/98

  36-72-4.
No known cemetery, burial ground, human remains, or burial object  shall be
knowingly disturbed by the owner or occupier of the land on which the
cemetery or burial ground is located for the purposes of developing or
changing the use of any part of such land unless a permit is first obtained
from the governing authority of the municipal corporation or county wherein
the cemetery or burial ground is located, which shall have authority to
permit such activity except as provided in Code Section 36-72-14.

36-72-5 G
*** CODE SECTION ***  08/26/98

  36-72-5.
Application for a permit shall include, at a minimum, the following
information:

(1) Evidence of ownership of the land on which the cemetery or burial
ground
is located in the form of a legal opinion based upon a title search;

(2) A report prepared by an archeologist stating the number of graves
believed to be present and their locations as can be determined from the
use
of minimally invasive investigation techniques, including remote sensing
methods and the use of metal probes, which activities shall not require a
permit;

(3) A survey prepared by or under the direction of a registered surveyor
showing the location and boundaries of the cemetery or burial ground based
on an archeologist's report;

(4) A plan prepared by a genealogist for identifying and notifying the
descendants of those buried or believed to be buried in such cemetery.  If
those buried or believed to be buried are of aboriginal or American Indian
descent, the genealogist, in preparing the notification plan, shall consult
with the Council on American Indian Concerns created pursuant to Code
Section    44-12-280 and shall include in the notification plan not only
any
known descendants of those presumed buried but also any American Indian
tribes as defined in paragraph (2) of Code Section 44-12-260 that are
culturally affiliated; and

(5) A proposal for mitigation or avoidance of the effects of the planned
activity on the cemetery or burial ground.  If the proposal includes
relocation of any human remains or burial objects, the proposal shall
specify the method of disinterment, the location and method of disposition
of the remains, the approximate cost of the process, and the approximate
number of graves affected.

36-72-7 G
*** CODE SECTION ***  08/26/98

  36-72-7.
(a) Within 15 days after it is satisfied that all reasonable effort has
been
made to notify descendants, as provided in Code Section 36-72-6, and
following receipt of the recommendations of a board or commission created
pursuant to Code Section 36-72-9, the governing authority shall schedule a
public hearing at which any interested party or citizen may appear and be
given an opportunity to be heard.

In addition to the notice required in Code Section 36-72-6, notice of the
public hearing shall be advertised in the legal organ of the jurisdiction
once a week for the two consecutive weeks immediately preceding the week in
which any such hearing is held.

(b) Within 30 days after the conclusion of the public hearing, the
governing
authority shall notify the applicant in writing of its decision. The
governing authority shall have the authority to deny the application with
written reasons therefor, to issue a permit adopting the application in
whole or in part, or to issue a permit which may include additional
requirements to mitigate the proposed activity's adverse effects on the
cemetery or burial ground, including but not limited to relocation of the
proposed project, reservation of the cemetery or burial ground as an
undeveloped area within the proposed development or use of land, and
respectful disinterment and proper disposition of the human remains.  The
governing authority may adopt the applicant's proposal for  mitigation.