Hi everyone, I have a problem. I have lost my copy of cemetery Laws temporarily. Could someone tell me if a plan must be filed with the DHPA and/or the DNR or both if no disturbance is planed within the 100 ft. zone around a cemetery. Is it necessary to file the plan in order to get approval on the Plat, or only before the actual construction begins. I seem to remember something about filing one before construction takes place {within} 100ft of a cemetery. But I believe if you do not disturb the soil in the 100 feet, or disturb the cemetery, it is not necessary. Ernie I believe you have a copy of the Laws, maybe you could help me out. I have not heard from Jeannie and we are scheduled for a preliminary hearing Monday evening at 6:00. and the Zoning Board wants to make sure there is full compliance with the Laws. Thanks, Ernie, or anyone else that can help me out. I am leaving for Kentucky in about 45 minutes and wont be back until tomorrow evening. I wont have time to look up Cemetery Laws. Jack Briles jackbriles@aol.com
Hello Jack, The way I am reading it, you only have to file a plan if it is within the 100 feet of the cemetery: IC 14-21-1-26.5 A person may not disturb the ground within 100 feet of a burial ground or cemetery for the purpose of erecting, altering or repairing any structure without having a development plan approved by DHPA If they are not disturbing the cemetery, I see no reason for getting the plan approved by the DHPA. Ernie At 12:57 PM 11/19/2005, you wrote: >Hi everyone, I have a problem. I have lost my copy of cemetery Laws >temporarily. > Could someone tell me if a plan must be filed with the DHPA and/or the >DNR or both if no disturbance is planed within the 100 ft. zone around a >cemetery. > Is it necessary to file the plan in order to get approval on the Plat, >or only before the actual construction begins. I seem to remember something >about filing one before construction takes place {within} 100ft of a >cemetery. >But I believe if you do not disturb the soil in the 100 feet, or disturb the >cemetery, it is not necessary. Ernie I believe you have a copy of the Laws, >maybe you could help me out. I have not heard from Jeannie and we >are scheduled >for a preliminary hearing Monday evening at 6:00. and the Zoning >Board wants to >make sure there is full compliance with the Laws. > Thanks, Ernie, or anyone else that can help me out. I am leaving for >Kentucky in about 45 minutes and wont be back until tomorrow >evening. I wont have >time to look up Cemetery Laws. > > Jack Briles > jackbriles@aol.com > > >==== INPCRP Mailing List ==== >This list is for discussion of topics related to the Indiana Pioneer >Cemeteries Restoration Project only. >Please do not send genealogical queries through this list. The >surname and geographic Mailing Lists on Rootsweb at >http://lists.rootsweb.com are a better venue. >Thank you.