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Senate · Passed · 2025-2026 Regular Session

SB 146: Health, Local Government, and Property; regulations and protections of cemeteries and burial grounds; provide

Last action July 1, 2026 · Effective Date

A Georgia Senate bill would rewrite the state's rules for disturbing abandoned cemeteries, create a new permit system for family burial plots, and let descendants sue landowners for access to ancestral grave sites.

Read the full bill text

These buttons carry the bill's own text, not the summaries below. Copy for LLM, View as markdown, and Send to AI use the Markdown version: the text as filed, then the summaries under a heading that names them as ours. View raw is the text alone.

The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Enrolled version, the latest the General Assembly's website lists.

In plain language

Georgia law already lets counties and cities protect abandoned cemeteries and requires permits before anyone disturbs human remains, but the rules for those permits were scattered and often ambiguous. This bill rewrites Chapter 72 of Title 36 to spell out exactly how someone applies for a 'disturbance permit' to disturb an abandoned cemetery, what a public hearing must look like, how descendants must be notified, and what penalties apply for skipping the process. It also updates the separate permit needed to disinter and reinter a body (O.C.G.A. section 31-10-20) so the local registrar checks for consent from the person legally in charge of the remains or a court order. The bill creates a brand new chapter (36-72A) requiring anyone who wants to start a private family burial plot after July 1, 2026 to get a local permit, and it sets minimum standards such as a half-acre lot and a perpetual-care covenant. Finally, it adds a new article to Title 44 letting a descendant sue a landowner in superior court for permission to visit, maintain, or search for an ancestral grave site on someone else's property.

What the bill does

  • Rewrites Georgia's abandoned cemetery law (Chapter 72 of Title 36) to detail how a 'disturbance permit' application, public hearing, and notice to descendants must work before a known cemetery or burial ground can be disturbed.
  • Adds civil penalties, including up to $5,000 per grave site and up to six months in jail for knowing violations, plus a new civil lawsuit right for descendants when a cemetery is disturbed without a permit.
  • Updates the state's disinterment and reinterment permit process (O.C.G.A. 31-10-20) so local registrars only issue permits with consent from the person legally responsible for the remains, a disturbance permit, or a court order.
  • Creates a brand-new permitting system (new Chapter 72A) requiring a local permit before establishing a private family burial plot on or after July 1, 2026, with minimum size, survey, and perpetual-care requirements.
  • Sets a civil penalty of up to $5,000 per violation for creating a family burial plot without a permit, enforceable by county or city lawsuits.
  • Adds a new article to Title 44 letting a descendant, or someone who believes they may be a descendant, sue a landowner in superior court for the right to enter land to visit, maintain, or search for an ancestral grave site.

Who it affects

Landowners whose property contains or may contain old or abandoned cemeteries, developers and government agencies planning construction near burial sites, county and municipal governments that process disturbance and family-plot permits, funeral directors, genealogists, archeologists, and descendants seeking to visit or protect ancestral graves.

Why it matters

Georgians who own or want to develop land with a historic grave site would face a clearer but more detailed permitting process, with real financial and criminal penalties for skipping it. Families seeking access to ancestors' graves on private land would gain a specific legal path to sue for entry, and anyone starting a private family cemetery after mid-2026 would need a government permit and meet minimum land standards.

Key provisions

  • Section 1-2 rewrites O.C.G.A. section 31-10-20(f) so disinterment and reinterment permits require either the legally responsible person's consent, a disturbance permit, or a court order, and a licensed funeral director must oversee the process.
  • Section 1-3 updates O.C.G.A. section 31-21-6 on notifying law enforcement when human remains are disturbed, clarifying when land-disturbing activity may resume.
  • Section 1-4 rewrites Chapter 72 of Title 36 in detail, defining 'abandoned cemetery' with specific criteria (25+ years without burial, no known living descendant with rights, not a registered perpetual-care cemetery) and creating a full permit application, hearing, and appeal process.
  • Section 1-4 sets penalties in new O.C.G.A. section 36-72-16: a misdemeanor of a high and aggravated nature with fines up to $5,000 per grave site, and up to six months jail plus a mandatory $5,000 minimum fine for knowingly disturbing a cemetery without a permit.
  • Section 2-1 creates new Chapter 72A of Title 36, effective July 1, 2026, requiring a permit to establish a family burial plot and setting minimum requirements such as at least half an acre, no flood plains, and a perpetual-care covenant.
  • Section 2-1 authorizes civil penalties up to $5,000 per violation for establishing a family burial plot without the required permit, enforceable by county or city lawsuit in superior court.
  • Section 3-1 adds a new Article 4 to Title 44 allowing descendants to sue landowners in superior court for court-ordered access to visit, maintain, or search for ancestral grave sites, with courts able to set access dates, hours, and limits.

From the bill

“The General Assembly declares that human remains and burial objects are not property to be owned by the person or entity which owns the land or water where the human remains and burial objects are interred or discovered”

States the bill's underlying legal principle that burial remains are protected cultural heritage, not ordinary property.

“Any person who knowingly fails to comply with the provisions of this chapter shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall pay a fine of not more than $5,000.00 for each grave site disturbed”

Sets the criminal penalty for violating the abandoned cemetery disturbance rules.

“No person shall establish a family burial plot on or after July 1, 2026, without having first obtained a permit authorizing the establishment of such family burial plot”

Creates the new permit requirement for starting a private family cemetery.

Discussed in meetings (15)

The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.

  1. Senate Regulated Industries and Utilities Committee, January 27, 2026

    From 0:32:35 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor said the bill would strengthen cemetery protections after incidents involving removed headstones and blocked access. The sponsor said descendants could seek a superior court order allowing cemetery maintenance while respecting the property owner's use of the land. Asked about permits to move remains, the sponsor said permits were already required and that the Department of Public Health had strengthened proof-of-kinship requirements. The sponsor said the bill would add funeral director supervision for grave moves, including moves within one cemetery, and require an archaeologist and licensed funeral director when old graves are disturbed. One member asked how a landowner could move an isolated grave with no known surviving relatives. The sponsor said the bill outlined a process for petitioning the county. Another member asked about repairing deteriorated graves; the sponsor said family members could restore them with permission and access rights. The committee unanimously adopted an amendment updating two July 1, 2025 dates to July 1, 2026 and reducing the proposed minimum size for a new private cemetery from one acre to half an acre. The committee unanimously recommended passage of the substitute as amended.

  2. Senate Rules Committee, January 29, 2026

    From 0:03:41 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The presenter said SB 146 would provide additional protections for cemeteries where graves are being disturbed and give heirs access to maintain them. There were no substantive questions, and no vote or calendar decision was recorded.

  3. Senate Rules Committee, February 2, 2026

    From 0:05:07 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor said the bill would protect cemeteries and allow heirs or descendants to access and maintain family cemeteries on private land through arrangements with landowners. A committee member asked whether that meant negotiation between the parties. The sponsor confirmed that it did and said a superior court judge would make the final decision if the parties could not agree. The committee did not select the bill for the next day's floor calendar.

  4. Senate Rules Committee, February 4, 2026

    From 0:14:21 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor said SB 146 concerns protecting cemeteries and burial grounds. No further explanation, questions or calendar action on the bill appears in the transcript.

  5. Senate Rules Committee, February 6, 2026

    From 0:06:05 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The chair identified the proposal as the cemetery bill, without explaining its provisions. A committee member later selected it, and the committee unanimously approved a motion covering it, SB 150 and SB 411. No substantive discussion of the cemetery proposal occurred.

  6. Senate floor session, February 9, 2026 (legislative day 15)

    From 0:55:43 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Third Read)

    Summary by Georgia Commons: The sponsor said SB 146 would define cemeteries and abandoned cemeteries, protect burial grounds from disturbance and establish statewide rules for family burial plots on private property. The sponsor said family plots could not sell spaces, while cemeteries selling spaces would need to register through the Secretary of State’s office. The committee substitute, as read by the clerk, also addressed permits for moving remains and disturbing abandoned cemeteries, civil remedies for failing to obtain permits, and minimum requirements for family plots. A senator asked whether the bill would change the legal responsibilities or status of small church cemeteries. The sponsor said it would not affect church cemeteries unless they became abandoned. The Senate adopted the committee substitute without objection and passed the bill 46-0.

  7. House Regulated Industries Committee, February 23, 2026

    From 1:28:06 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor said SB 146 would protect cemeteries, require a surveyed half-acre for establishing a private cemetery, address abandoned cemeteries and unclaimed cremated remains, and set procedures for moving graves when necessary. The sponsor said relatives blocked from family graves on sold land could seek a superior court order arranging access. A member asked whether landowners would be protected from injury lawsuits. The sponsor anticipated judges could request releases but did not identify an explicit protection in the bill. Another member proposed an amendment stating that court-ordered access would not assure safety, give visitors the legal status of invited or permitted guests owed a duty of care, or make owners responsible for visitors' actions. A second member argued that this favored landowners too heavily and sought a middle level of protection for visitors. Other members questioned imposing liability when owners must allow entry and discussed letting judges balance both sides. The sponsor argued that judges could manage access conditions. The committee rejected the liability amendment by voice vote, then approved the bill by voice vote with opposition heard.

  8. House Rules Committee, February 25, 2026

    From 1:19:56 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor said SB 146 would protect cemeteries and burial grounds by defining abandoned cemeteries, specifying penalties for disturbing graves and outlining how graves could be moved when necessary for the Department of Transportation or another agency. No questions or scheduling decision followed.

  9. House Rules Committee, March 16, 2026

    From 0:36:36 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The presenter said SB 146 would add protections against cemetery destruction and establish statewide rules for creating a private cemetery on one's property. The presenter said many counties had not handled such requests and funeral homes were being asked to guide county officials through them. No substantive questions or calendar action followed.

  10. House Rules Committee, March 27, 2026

    From 1:10:25 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The committee placed SB 146 on the legislative day 38 floor calendar under modified structure without stated opposition. No discussion of its contents occurred.

  11. House floor session, March 27, 2026 (legislative day 38, part 1)

    From 2:00:07 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 3308

    Summary by Georgia Commons: The presenter said SB 146 would improve cemetery protections and procedures, citing an ancestral cemetery where a private landowner had barred family visits. The presenter said the bill would keep permits for removing remains with the Department of Public Health, require a court order authorizing removal and improve descendant involvement. The presenter also described public hearings and notice to descendants for local disturbance permits. For private cemeteries, the presenter said the bill would establish uniform minimum requirements, including a half-acre site deeded for cemetery use. The presenter said descendants could seek access to graves through superior court. No questions or opposition speeches followed. The House passed the bill 163-2.

Status timeline

  1. 2026-07-01Effective Date
  2. 2026-05-11Act 486
  3. 2026-05-11Senate Date Signed by Governor (Senate)
  4. 2026-04-10Senate Sent to Governor (Senate)
  5. 2026-03-27House Passed/Adopted (House)
  6. 2026-03-27House Third Readers (House)
  7. 2026-02-24House Committee Favorably Reported (House)
  8. 2026-02-11House Second Readers (House)
Show full history (19 actions)
  1. 2026-02-10House First Readers (House)
  2. 2026-02-09Senate Passed/Adopted By Substitute (Senate)
  3. 2026-02-09Senate Third Read (Senate)
  4. 2026-01-28Senate Committee Favorably Reported By Substitute (Senate)
  5. 2026-01-12Senate Recommitted (Senate)
  6. 2026-01-12Senate Taken from Table (Senate)
  7. 2025-03-06Senate Tabled (Senate)
  8. 2025-02-26Senate Read Second Time (Senate)
  9. 2025-02-24Senate Committee Favorably Reported By Substitute (Senate)
  10. 2025-02-12Senate Read and Referred (Senate)
  11. 2025-02-11Senate Hopper (Senate)

Sponsors

  • Rick Williams (R, SD-25)Primary sponsor
  • Bo Hatchett (R, SD-50)
  • Randy Robertson (R, SD-29)
  • John Albers (R, SD-56)
  • Derek Mallow (D, SD-2)
  • Russ Goodman (R, SD-8)
  • John F. Kennedy (R, SD-18)
  • Jesse Petrea (R, HD-166)

Votes

  1. PassedSenate voteFebruary 9, 2026

    46 yea, 0 nay (5 not voting, 3 excused)

    PASSAGE BY SUBSTITUTE: Senate Vote #528

  2. PassedHouse voteMarch 27, 2026

    163 yea, 2 nay (5 not voting, 6 excused)

    PASSAGE: House Vote #774

Topics

  • cemetery protection
  • burial permits
  • property rights
  • genealogy and ancestral graves
  • local government regulation

Ask about this bill

Answers come from this document. Not legal advice.

Machine-readable https://georgiacommons.org/bills/2025-2026/sb146.md · https://georgiacommons.org/bills/index.md · MCP https://mcp.georgiacommons.org/mcp