---
title: SB 146. Health, Local Government, and Property; regulations and protections of cemeteries and burial grounds; provide
collection: bills
id: 2025-2026/sb146
cite_as: SB 146, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb146
md_url: https://georgiacommons.org/bills/2025-2026/sb146.md
text_url: https://georgiacommons.org/bills/2025-2026/sb146/text
source_url: https://www.legis.ga.gov/legislation/70211
date: 2026-05-11
status: passed
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 1190
omitted_url: https://georgiacommons.org/bills/2025-2026/sb146.md?full=1
bill_number: SB 146
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2026-05-11
last_action: Effective Date 2026-07-01
sponsors:
- Ricky Williams
- Bo Hatchett
- Randy Robertson
- John Albers
- Derek Mallow
- Russ Goodman
- John Kennedy
- Jesse Petrea
text_version: Enrolled
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB146/2025
upstream_id: 1965762
summaries_model: claude-sonnet-5
topic_tags:
- cemetery protection
- burial permits
- property rights
- genealogy and ancestral graves
- local government regulation
---
# SB 146. Health, Local Government, and Property; regulations and protections of cemeteries and burial grounds; provide
## Text
Senate Bill 146
By: Senators Williams of the 25th, Hatchett of the 50th, Robertson of the 29th, Albers of the
56th, Mallow of the 2nd and others
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To amend Titles 31, 36, and 44 of the Official Code of Georgia Annotated, relating to
health, local government, and property, respectively, so as to provide regulations and
protections of cemeteries and burial grounds; to revise procedures concerning the issuance
of permits for the disinterment and reinterment of human remains; to revise procedures
concerning the issuance of permits for the disturbance of abandoned cemeteries; to provide
civil remedies for failures to obtain such permits; to provide for the issuance of permits for
the establishment of family burial plots; to provide minimum requirements of family burial
plots; to provide civil remedies for the failure to obtain such permits; to provide for a civil
action regarding the ability to enter upon land for the purpose of visiting, caring for, or
maintaining ancestral grave sites; to provide for a civil action regarding the ability to enter
upon land for the purpose of discovering ancestral grave sites and conducting genealogical
research in connection with ancestral grave sites; to provide definitions; to provide statutory
construction; to conform cross-references; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I
SECTION 1-1.
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code
Section 31-10-1, relating to definitions, by adding two new paragraphs to read as follows:
"(6.1) 'Human remains' shall have the same meaning as set forth in Code
Section 10-14-3."
"(8.1) 'Licensed funeral director' means an individual licensed in this state to practice
funeral directing pursuant to the provisions of Chapter 18 of Title 43."
SECTION 1-2.
Said title is further amended in Code Section 31-10-20, relating to permits for disposition,
disinterment, and reinterment, by revising subsection (f) as follows:
"(f)(1) Except as provided in paragraph (4) of this subsection, a permit Authorization for
disinterment and reinterment shall be required prior to the disinterment of a dead body
or fetus human remains. Such authorization shall be issued by Application for such a
permit shall be made on a form prescribed by the department and submitted to the local
registrar to a, who shall issue such permit only if:
(A) The application provides the following information:
(i) The identification of the human remains to be disinterred, if known;
(ii) The location where the human remains are to be disinterred;
(iii) The location where the human remains are to be reinterred or otherwise finally
disposed of; and
(iv) Such other information as required by the department; and
(B)(i) The person or persons who has the right to control the disposition of the human
remains as provided in Code Section 31-21-7 consents to the disinterment and
reinterment or other final disposition of such human remains;
(ii) The applicant submits a disturbance permit issued pursuant to Chapter 72 of
Title 36 authorizing the disinterment and reinterment or other final disposition of the
human remains; or
(iii) The applicant submits an order from a court of competent jurisdiction
authorizing the disinterment and reinterment or other final disposition of the human
remains.
(2) Any disinterment and reinterment or other final disposition for which a permit is
issued under this subsection shall be supervised, monitored, or carried out by a licensed
funeral director or other person acting as such, upon proper application, in the county in
which the dead body or dead fetus was originally interred and a.
(3) A local registrar who issues such authorization a permit for disinterment and
reinterment pursuant to this subsection shall not be civilly or criminally liable therefor
if it such permit is issued in good faith.
(4) A permit for disinterment and reinterment provided for in this subsection shall not
be required when disinterment and reinterment are human remains are disinterred and
reinterred in the same cemetery."
SECTION 1-3.
Said title is further amended by revising Code Section 31-21-6, relating to notification of law
enforcement agency upon disturbance, destruction, or debasement of human remains, as
follows:
"31-21-6.
(a) Any person who knows or has reason to believe that interred human remains have been
or are being disturbed, destroyed, defaced, mutilated, removed, or exposed without a permit
issued pursuant to Chapter 72 of Title 36, Code Section 36-72-4, 12-3-52, or Code
Section 12-3-82, unless such activity is otherwise authorized by law without such a permit,
or without written permission of the landowner for an archeological excavation on the site
by an archeologist or not in compliance with Section 106 of the National Historic
Preservation Act, as amended, and any person who accidentally or inadvertently discovers
or exposes human remains shall immediately notify the local law enforcement agency with
jurisdiction in the area where the human remains are located.
(b) Any law enforcement agency notified of the discovery or disturbance, destruction,
defacing, mutilation, removal, or exposure of interred human remains shall immediately
report such notification to the coroner or medical examiner of the county where the human
remains are located, who shall determine whether investigation of the death is required
under Code Section 45-16-24. If investigation of the death is not required, the coroner or
medical examiner shall immediately notify the local governing authority of the county or
municipality municipal corporation in which the remains are found and the Department of
Natural Resources. If the remains are believed to be those of one or more aboriginal or
prehistoric ancestors of or American Indians, then the Department of Natural Resources
shall notify the Council on American Indian Concerns. All No additional land-disturbing
activity likely to further disturb the human remains shall cease until occur unless:
(1) The county coroner or medical examiner, after determining if it is determined that
investigation of the death is required under Code Section 45-16-24, has completed
forensic examination of the site; and
(2)(A) A permit is issued for land use change and disturbance pursuant to Code
Section 36-72-4 Chapter 72 of Title 36;
(B) A a permit is issued or a contract is let pursuant to subsection (d) of Code
Section 12-3-52; or
(C) A permit is issued pursuant to subsection (b) of Code Section 12-3-82 written
permission is obtained from the landowner for the conduct of an archeological
excavation; or
(3) If such a permit is not sought, the (D) The Department of Natural Resources
arranges with the landowner for the protection of the remains; or
(E) Such activity is otherwise authorized by law without complying with one of the
requirements listed in subparagraphs (A) through (D) of this paragraph.
(c) The provisions of this Code section shall not apply to normal farming activity
including, but not limited to, plowing, disking, harvesting, and grazing of livestock."
SECTION 1-4.
Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended
by revising Chapter 72, relating to abandoned cemeteries and burial grounds, as follows:
"CHAPTER 72
36-72-1.
(a) The care accorded the remains of deceased persons reflects respect and regard for
human dignity as well as cultural, spiritual, and religious values. 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, but human remains and burial objects are a part of the finite,
irreplaceable, and nonrenewable cultural heritage of the people of Georgia which should
be protected.
(b) It is the intent of the General Assembly that the provisions of this chapter be construed
to require respectful treatment of human remains in accord with the equal and innate
dignity of every human being and consistent with the identifiable ethnic, cultural, and
religious affiliation of the deceased individual as indicated by the method of burial or other
historical evidence or reliable information.
36-72-2.
As used in this chapter, the term:
(1) 'Abandoned cemetery' means a cemetery which shows or burial ground:
(A) That shows signs of neglect including, without limitation, the unchecked growth
of vegetation, repeated and unchecked acts of vandalism, or the disintegration of grave
markers or boundaries and for which no person can be found who is legally responsible
and financially capable of the upkeep of such cemetery;
(B) In which no interment, entombment, or inurnment of human remains has occurred
for a period of not less than 25 years;
(C) In which no remains of a deceased human being that has a known living lineal
descendant are interred, entombed, or inurned, unless such lineal descendant has
abandoned or waived their rights and interests in such remains;
(D) That has not been dedicated for public use, as provided in Code Section 44-5-230,
unless such cemetery or burial ground is no longer known, recognized, or respected by
the public as a cemetery or burial ground; and
(E) That is not a perpetual care cemetery registered with the Secretary of State pursuant
to Chapter 14 of Title 10, the 'Georgia Cemetery and Funeral Services Act of 2000,' or
for which perpetual care has been promised or guaranteed.
(2) 'Archeologist' means any person who is:
(A) A member of or meets the criteria for membership in the Society of Professional
Archaeologists and can demonstrate experience in the excavation and interpretation of
human graves; or
(B) Employed on July 1, 1991, by the state or by any county or municipal governing
authority as an archeologist.
(3) 'Burial ground' means an area dedicated to and used for interment of human remains.
The Such term shall include privately owned burial plots, individually and collectively,
once human remains have been buried therein. The fact that such the area was used for
burial purposes shall be evidence that it was set aside for burial purposes.
(4) 'Burial object' means any item reasonably believed to have been intentionally placed
with the human remains at the time of burial or interment or any memorial, tombstone,
grave marker, or shrine which may have been added subsequent to interment. Such term
also means any inscribed or uninscribed marker, coping, curbing, enclosure, fencing,
pavement, shelter, wall, stoneware, pottery, or other grave object erected or deposited
incident to or subsequent to interment.
(5) 'Cemetery' or 'cemeteries' means any land or structure in this state dedicated to and
used for interment, entombment, or inurnment of human remains. It may be either a
burial park for earth interments or a mausoleum for vault or crypt interments or a
combination of one or more thereof.
(6) 'Descendant' means a person an individual or group of persons individuals related to
a deceased human being by blood or adoption in accordance with Title 19.
(7) 'Entombment' shall have the same meaning as set forth in Code Section 10-14-3.
(7)(8) 'Genealogist' means a person who traces or studies the descent of persons or
families and prepares a probative record of such descent.
(8)(9) 'Human remains' or 'remains' means the bodies of deceased human beings in any
stage of decomposition, including cremated remains.
(10) 'Interment' shall have the same meaning as set forth in Code Section 10-14-3.
(11) 'Inurnment' shall have the same meaning as set forth in Code Section 10-14-3.
(12) 'Licensed funeral director' means an individual licensed in this state to practice
funeral directing pursuant to the provisions of Chapter 18 of Title 43.
(13) 'Lineal descendant' means an individual who is a direct descendant of a deceased
human being by blood or adoption in accordance with Title 19, such as a child,
grandchild, great-grandchild, and so on. Such term does not include a collateral
descendant of a deceased human being, such as a sister, brother, uncle, aunt, niece,
nephew, or cousin.
(14) 'Perpetual care' shall have the same meaning as set forth in Code Section 10-14-3.
(9)(15) 'Preserve and protect' means to keep safe from destruction, peril, or other
adversity and may include the placement of signs, markers, fencing, or other such
appropriate features so as to identify the site as a cemetery or burial ground and may also
include the cleaning, maintenance, and upkeep of the site so as to aid in its preservation
and protection.
36-72-3.
(a) Counties, anywhere within the county boundaries, and municipalities municipal
corporations, anywhere within the municipal boundaries, are authorized, jointly and
severally, to preserve and protect any abandoned cemetery or any burial ground which the
county or municipality municipal corporation determines has been abandoned or is not
being maintained by the person who is legally responsible for its upkeep, whether or not
that person is financially capable of doing so, to expend public money in connection
therewith, to provide for reimbursement of such funds by billing any legally responsible
person or levying upon any of his property as authorized by local ordinance, and to
exercise the power of eminent domain to acquire any interest in land necessary for that
purpose.
(b) Regardless of whether a county or municipal corporation takes any action to preserve
and protect cemeteries or burial grounds as authorized by subsection (a) of this Code
section, the governing authority of such county or municipal corporation shall:
(1) Accept any application for a disturbance permit under this chapter that is submitted
in accordance with the provisions of Code Section 36-72-5;
(2) Consider any such application at a public hearing held in accordance with the
provisions of subsection (a) of Code Section 36-72-7;
(3) Render a written decision on any such application in accordance with the provisions
of subsection (b) of Code Section 36-72-7; and
(4) Perform any other action with respect to any such application that is required under
the provisions of this chapter.
36-72-4.
(a) Except as otherwise authorized by law, no 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 disturbance permit under this chapter is
first obtained from the governing authority of the county or municipal corporation or
county wherein the cemetery or burial ground is located, which, except as provided in Code
Section 36-72-14, shall have authority to issue such permit such activity except as provided
in Code Section 36-72-14 in accordance with the provisions of this chapter.
(b) The prohibition contained in subsection (a) of this Code section against knowingly
disturbing any known cemetery, burial ground, human remains, or burial object without
first obtaining a disturbance permit under this chapter shall not be impacted by the decision
or lack thereof of a county or municipal corporation to expend public money, exercise the
power of eminent domain, or take any other action to preserve and protect cemeteries or
burial grounds as authorized by Code Section 36-72-3, and the lack of such action taken
by a county or municipal corporation shall not authorize the disturbance of any known
cemetery, burial ground, human remains, or burial object without first obtaining a
disturbance permit under this chapter.
(c) No disturbance permit shall be issued under this chapter in connection with any
cemetery or burial ground or any human remains or burial objects therein unless such
cemetery or burial ground constitutes an abandoned cemetery as defined in this chapter.
36-72-5.
(a) The governing authority of a county or municipal corporation may prescribe the form
and manner of an application for a disturbance permit under this chapter. Such application
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) Evidence that the cemetery or burial ground constitutes an abandoned cemetery as
defined in this chapter;
(3) A report prepared by an archeologist stating the number of graves believed to be
present in the cemetery or burial ground 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 disturbance permit;
(3)(4) 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)(5) A plan prepared by a genealogist for identifying and notifying the descendants of
those buried or believed to be buried in such cemetery or burial ground. 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)(6) 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.
(b) If the governing authority of a county or municipal corporation does not prescribe the
form and manner of an application for a disturbance permit under this chapter, a person
may apply for such a permit by submitting the information required under subsection (a)
of this Code section in writing to such governing authority.
36-72-6.
(a) An The applicant for a disturbance permit under this chapter shall implement its plan
for identifying and locating notifying descendants of those buried or believed to be buried
in the cemetery or burial ground that is the subject of the application no later than the date
the application is submitted to the governing authority of the county or municipal
corporation where such burial ground or cemetery is located. The Such governing
authority shall review the applicant's plan for identifying and notifying the such
descendants of the deceased persons and may require as a condition for issuing a
disturbance permit that the applicant implement additional reasonable attempts to identify
and locate notify such descendants.
(b) Notice to possible descendants of an application for a disturbance permit under this
chapter shall include:
(1) The location of the cemetery or burial ground that is the subject of the application;
(2) Identification of the applicant;
(3) A description of the planned activity for which a disturbance permit under this
chapter is sought;
(4) Proposals to mitigate the adverse effects of such activity on the cemetery or burial
ground, or on the human remains or burial objects located therein;
(5) Any plans for disinterment and reinterment of any human remains located in the
cemetery or burial ground;
(6) Information information on how to contact the governing authority to which the
application was submitted; and
(7) A a summary of the rights of descendants under this chapter, including without
limitation the right to contest that the cemetery or burial ground that is the subject of the
application constitutes an abandoned cemetery as defined in this chapter.
(c) The governing authority of a county or municipal corporation shall, after receiving an
application for a disturbance permit under this chapter, promptly inform any descendant
who indicates an interest in the disposition of the human remains and burial objects
cemetery or burial ground that is the subject of the application, or any human remains or
burial objects located therein, regarding any proposals for mitigation, the terms of any
permit issued, the time and place of any scheduled public hearings on the application,
proposals for mitigation, a decision on the application, the terms of any disturbance permit
issued, and appeal procedures and events.
36-72-7.
(a) Within 15 An application for a disturbance permit under this chapter shall be
considered by the governing authority of the county or municipal corporation at a public
hearing to be held within 45 days after it such governing authority 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 any board or
commission created pursuant to Code Section 36-72-9, the governing authority shall
schedule a public hearing at which any. Any interested party or citizen may appear and be
given an opportunity to be heard at such public hearing and, in. In addition to the notice
required in Code Section 36-72-6, notice of the such public hearing shall be advertised in
the legal organ of the jurisdiction once a week for the two four consecutive weeks
immediately preceding the week in which any such hearing is held.
(b) Within 30 days after the conclusion of the a public hearing held pursuant to
subsection (a) of this Code section on an application for a disturbance permit under this
chapter, the governing authority shall notify the applicant in writing of its decision on the
application. The governing authority shall have the authority to deny the application with
written reasons therefor, to issue a disturbance permit adopting the application in whole or
in part, or to issue a disturbance 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 the larger parcel
of land, and respectful disinterment and proper disposition of the human remains. The
governing authority may adopt the applicant's proposal for mitigation.
36-72-8.
The governing authority of a county or municipal corporation shall consider the following
in making its determination on an application for a disturbance permit under this chapter:
(1) The presumption in favor of leaving the cemetery or burial ground and the human
remains and burial objects therein undisturbed;
(2) The rights, interests, concerns, and comments of any descendants of those buried in
the burial ground or cemetery;
(3) The rights, interests, concerns, and comments of and any other interested parties or
members of the public;
(4) Whether the cemetery or burial ground constitutes an abandoned cemetery as defined
in this chapter;
(3)(5) The economic and other costs of mitigation;
(4)(6) The adequacy of the applicant's plans for disinterment and proper disposition of
any human remains or burial objects;
(5)(7) The balancing of the applicant's interest in disinterment the activities for which
the disturbance permit is sought with the public's and any descendant's interest in the
value of the undisturbed cultural and natural environment of the cemetery or burial
ground that is the subject of the application; and
(6)(8) Any other compelling factors which the governing authority deems relevant.
36-72-9.
(a) The governing authority of any county whose population is in excess of 290,000 as
established by the United States decennial census of 1980 or any such future census shall
be authorized to establish or empower a new or existing commission or board to hear and
review any application filed pursuant to for a disturbance permit submitted in accordance
with the provisions of Code Section 36-72-5. The board or commission shall conduct a
public hearing on any such application within 60 days of the filing of an such application
and shall make a written recommendation to the governing authority no later than 15 days
following the public hearing on whether such application should be approved and setting
forth its opinion with respect to the sufficiency of the notice to descendants, whether the
cemetery or burial ground constitutes an abandoned cemetery as defined in this chapter, the
plan for mitigation, the disturbance and adverse effects on the cemetery or burial ground
and the human remains and burial objects therein, the survey of the cemetery or burial
ground, and any plans for disinterment and reinterment.
(b) Notice of any public hearing conducted by a board or commission pursuant to
subsection (a) of this Code section shall be:
(1) Given to any descendant who indicates an interest in the cemetery or burial ground
that is the subject of the application or any human remains or burial objects therein; and
(2) Advertised in the legal organ of the jurisdiction once a week for four consecutive
weeks immediately preceding the week in which any such hearing is held.
36-72-10.
The In connection with an application for a disturbance permit under this chapter, the
governing authority of a county or municipal corporation shall be authorized to impose an
application fee which shall reflect the cost to the such governing authority for processing
and reviewing the application including, but not limited to, the cost of hiring an attorney,
independent archeologist, and independent surveyor to assist in making recommendations
regarding the applicant's plan. Such fee, if imposed, shall not exceed $2,500.00.
36-72-11.
Should any applicant or descendant be dissatisfied with a decision of the governing
authority of a county or municipal corporation on an application for a disturbance permit
under this chapter, he or she, within 30 days of such decision, may file an appeal in the
superior court of the county in which the cemetery or burial ground is located in addition
to the superior courts enumerated in Code Section 50-13-19.
36-72-12.
Until Any person who is issued a disturbance permit under this chapter shall not begin or
resume activities which comply with the terms of such permit until after the expiration of
the time for appeal as set forth in Code Section 36-72-11 or, the applicant shall not begin
or resume activities which comply with the permit issued by the governing authority. If if
an appeal is filed, the applicant may begin or resume activities which comply with the
permit only upon consent until after the final resolution of such appeal unless of the
governing authority and the party seeking judicial review or upon order of that issued such
permit and the party or parties that filed such appeal consent to such activities or the
reviewing court issues an order authorizing such activities for good cause shown.
36-72-13.
The In connection with an application for a disturbance permit under this chapter, the
governing authority of a county or municipal corporation or local law enforcement agency
shall inspect conduct inspections as necessary to determine whether the applicant has
complied with the provisions of this chapter requiring cessation or limitation of activity and
with the terms of the disturbance permit as issued by the such governing authority or as
modified by the superior court or reviewing court.
36-72-14.
(a) Notwithstanding any provisions of this chapter to the contrary, when any agency,
authority, or political subdivision of the state seeks to file an application for a disturbance
permit under this chapter, the superior court having jurisdiction over the real property
wherein the cemetery or burial ground is located shall have exclusive jurisdiction over the
disturbance permit application. The superior court shall conduct its investigation and
determination of the disturbance permit application in accordance with Code
Sections 36-72-6 through 36-72-8.
(b)(1) When activities of an agency, authority, or political subdivision of the state
adversely affect an abandoned a cemetery or a burial ground, such agency, authority, or
political subdivision shall bear the cost of mitigating the harm to the abandoned cemetery
or burial ground or reinterring the human remains as a part of the cost of the project and
is authorized to expend public funds for such purpose.
(2) When activities of a private person, corporation, or other private entity adversely
affect an abandoned a cemetery or a burial ground, such person, corporation, or other
entity shall bear the cost of mitigating the harm to the cemetery or burial ground or
reinterring the human remains.
(3) The cost of mitigating the harm to an abandoned a cemetery or to a burial ground or
reinterring the human remains exposed through vandalism by an unidentified vandal or
through erosion may be borne by the governing authority in whose jurisdiction the
abandoned cemetery or burial ground is located.
(c) The provisions of this chapter notwithstanding, the Department of Transportation shall
not be required to obtain a disturbance permit under this chapter unless human remains are
to be relocated; provided, however, that the department shall be required to obtain an
archaeologist's report, pursuant to paragraph (2)(3) of Code Section 36-72-5, confirming
the absence of human remains on the affected property.
36-72-15.
Any disinterment and disposition of human remains or burial objects permitted under this
chapter shall be supervised, monitored, or carried out by the applicant's archeologist and
a licensed funeral director and shall be done at the expense of the person or entity to whom
the disturbance permit is issued.
36-72-15.1.
The issuance of a disturbance permit under this chapter shall not satisfy or otherwise waive
the requirement to obtain any other permit required by law including, without limitation,
the requirement to obtain a permit for disinterment and reinterment under subsection (f) of
Code Section 31-10-20; provided, however, that any person who is issued a disturbance
permit under this chapter that authorizes the disinterment and reinterment of human
remains shall not seek a permit for disinterment and reinterment under subsection (f) of
Code Section 31-10-20 until after the expiration of the time for appeal as set forth in Code
Section 36-72-11 or, if an appeal is filed, until after the final resolution of such appeal
unless the governing authority that issued such permit and the party or parties that filed
such appeal consent to such disinterment and reinterment or the reviewing court issues an
order authorizing such disinterment and reinterment for good cause shown.
36-72-16.
(a) 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; provided, however, that any
person who knowingly violates the provisions of Code Section 36-72-4 shall be guilty of
a misdemeanor of a high and aggravated nature and, upon conviction, shall be incarcerated
for not more than six months and shall pay a fine not less than $5,000.00 for each grave site
disturbed.
(b) In addition to bringing any other action and pursuing any other remedy that may be
available at law or in equity, a descendant of any deceased human being whose remains are
located in a burial ground or cemetery that is disturbed by any activities of the owner or
occupier of the land where such cemetery or burial ground is located for which no
disturbance permit under this chapter has been issued and that are not otherwise authorized
by law may bring an action in any court of competent jurisdiction against the owner or
occupier of such land to:
(1) Enjoin such activities;
(2) Recover, as damages, the cost to mitigate any harm to such human remains, the burial
ground or cemetery where such human remains are located, or any burial object in
connection with such human remains that is caused by such activities; and
(3) Recover any costs and reasonable attorney's fees incurred in bringing such action.
36-72-17.
Except as otherwise provided in Code Section 36-72-14, nothing in this chapter shall
preclude a person from seeking authorization directly from a probate court of competent
jurisdiction to disinter human remains or otherwise disturb a burial ground, human remains,
or a burial object."
SECTION 1-5.
Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in Code
Section 44-12-283, relating to the powers and duties of the Council on American Indian
Concerns, by revising paragraph (1) as follows:
"(1) To serve as a resource for the notification of relatives under paragraph (4)(5) of
Code Section 36-72-5, relating to notification of relatives pursuant to obtaining in
connection with an application for a disturbance permit for land use change or
disturbance under Chapter 72 of Title 36; provided, however, that failure of the council
to respond within 30 days to a request to serve as a resource for the notification shall not
prevent the notification process or any permit process from taking place;"
PART II
SECTION 2-1.
Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended
by adding a new chapter to read as follows:
"CHAPTER 72A
36-72A-1.
As used in this chapter, the term:
(1) 'Burial right' means the right to use a grave space, mausoleum, or columbarium for
the interment, entombment, or inurnment of human remains.
(2) 'Cemetery' means a place dedicated to and used, or intended to be used, for the
interment, entombment, or inurnment of human remains.
(3) 'Columbarium' shall have the same meaning as set forth in Code Section 10-14-3.
(4) 'Descendant' means an individual related to a deceased human being by blood or
adoption.
(5) 'Entombment' shall have the same meaning as set forth in Code Section 10-14-3.
(6) 'Family burial plot' means a private, noncommercial cemetery. Such term shall not
include governmentally owned cemeteries, fraternal cemeteries, cemeteries owned and
operated by churches, synagogues, or other religious organizations, cemeteries wherein
burial rights are sold or offered for sale, or cemeteries that are owned by registered
cemetery owners pursuant to Chapter 14 of Title 10.
(7) 'Final disposition' or 'disposition' means the disposal of human remains by interment,
entombment, inurnment, or any other lawful means.
(8) 'Grave space' means a space of ground in a cemetery intended to be used for the
interment of human remains.
(9) 'Human remains' shall have the same meaning as set forth in Code Section 10-14-3.
(10) 'Interment' shall have the same meaning as set forth in Code Section 10-14-3.
(11) 'Inurnment' shall have the same meaning as set forth in Code Section 10-14-3.
(12) 'Mausoleum' shall have the same meaning as set forth in Code Section 10-14-3.
(13) 'Outer burial container' shall have the same meaning as set forth in Code
Section 10-14-3.
(14) 'Registered land surveyor' shall have the same meaning as set forth in Code
Section 43-15-2.
36-72A-2.
(a) 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 from the
governing authority of the county or municipal corporation wherein the family burial plot
is to be established, which shall have authority to issue such permit in accordance with the
provisions of this chapter.
(b) No permit shall be issued under this chapter unless the family burial plot to be
established meets the minimum requirements provided for in Code Section 36-72A-3.
36-72A-3.
Each family burial plot created on or after July 1, 2026, shall:
(1) Be located on a tract of land that is:
(A) At least one-half acre in size;
(B) Subject to an easement granting perpetual access to the family burial plot that is
in favor of the county or municipal corporation wherein such land is located and the
immediate family and descendants of those interred, entombed, or inured in such family
burial plot; and
(C) Subject to a covenant that imposes on the owner, and all subsequent owners, of
such land the perpetual obligation to preserve, protect, and maintain such family burial
plot;
(2) Not be located in a flood plain or within 100 feet of a water well;
(3) Have all human remains that are located or are to be located in such family burial
plot:
(A) Interred in a grave space;
(B) Entombed in a mausoleum; or
(C) Inurned in a columbarium;
(4) Be surveyed by a registered land surveyor to show the boundaries of such family
burial plot; and
(5) Not be used for the purpose of selling burial rights.
36-72A-4.
(a) The governing authority of a county or municipal corporation may prescribe the form
and manner of an application for a permit under this chapter. Such application shall
include, at a minimum, the following information:
(1) Evidence of ownership of the land on which the family burial plot is to be established
or evidence that the owner or owners of such land consent to the establishment of the
family burial plot; and
(2) Evidence that the family burial plot meets the minimum requirements provided for
in Code Section 36-72A-3.
(b) If the governing authority of a county or municipal corporation does not prescribe the
form and manner of an application for a permit under this chapter, a person may apply for
such a permit by submitting the information required under subsection (a) of this Code
section in writing to such governing authority.
36-72A-5.
In connection with an application for a permit under this chapter, the governing authority
of a county or municipal corporation shall be authorized to impose an application fee which
shall reflect the cost to such governing authority for processing and reviewing the
application.
36-72A-6.
(a) Upon satisfactory proof that a proposed family burial plot that is the subject of an
application for a permit under this chapter meets the minimum requirements provided for
in Code Section 36-72A-3, as well as any additional requirements imposed by the county
or the municipal corporation wherein such family burial plot is to be established, and upon
the payment of any application fees imposed pursuant to Code Section 36-72A-5, the
governing authority of such county or municipal corporation shall issue to the applicant a
permit under this chapter authorizing the establishment of such family burial plot.
(b) Upon the denial of an application for a permit under this chapter by the governing
authority of a county or municipal corporation, the applicant may, within 30 days after such
denial, file an appeal in the superior court of the county wherein the proposed family burial
plot is to be established.
36-72A-7.
Nothing in this chapter is intended to prohibit, restrict, or limit the ability of the governing
authority of a county or municipal corporation to impose regulations and requirements
concerning the establishment of family burial plots that do not conflict with the provisions
of this chapter. Any regulation or requirement imposed by the governing authority of a
county or municipal corporation that conflicts with the provisions of this chapter shall be
void and unenforceable.
36-72A-8.
(a) Any person who violates subsection (a) of Code Section 36-72A-2 shall be subject to
a civil penalty not to exceed $5,000.00 for each violation. The governing authority of a
county or municipal corporation shall be authorized to bring an action in the superior court
of the county where such violation occurred to recover the civil penalties authorized by this
subsection.
(b) In an action brought pursuant to subsection (a) of this Code section, the governing
authority of a county or municipal corporation may seek an order from the court requiring
the violator to bring the family burial plot into compliance with the minimum requirements
provided for in Code Section 36-72A-3 and with any additional requirements imposed by
the county or municipal corporation. If the family burial plot cannot be brought into
compliance with such requirements, the court may order that any human remains located
in the family burial plot be disinterred and reinterred, or otherwise disposed of, in a suitable
location that complies with the requirements as provided by law.
(c) Any remedial action or disinterment and disposition of human remains ordered by a
court pursuant to subsection (b) of this Code section shall be performed at the expense of
the person or persons found to have violated subsection (a) of Code Section 36-72A-3."
PART III
SECTION 3-1.
Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in
Chapter 10, relating to historic preservation, by adding a new article to read as follows:
"ARTICLE 4
44-10-50.
As used in this article, the term:
(1) 'Descendant' means an individual related to a deceased human being by blood or
adoption.
(2) 'Entombment' shall have the same meaning as set forth in Code Section 10-14-3.
(3) 'Grave site' means the place where human remains have been interred, entombed, or
inurned.
(4) 'Human remains' or 'remains' means the bodies of deceased human beings and
includes bodies in any stage of decomposition and cremated remains.
(5) 'Interment' shall have the same meaning as set forth in Code Section 10-14-3.
(6) 'Inurnment' shall have the same meaning as set forth in Code Section 10-14-3.
44-10-51.
(a) A descendant of a deceased human being whose remains have been interred, entombed,
or inurned on the land of another may, when denied entry upon such land, bring an action
against the owner of such land in the superior court of the county where such land is
located for an order allowing the descendant to enter upon such land for the purpose of
visiting, caring for, or maintaining the grave site where such human remains are located.
(b) When granting an order described in subsection (a) of this Code section, the superior
court may:
(1) Specify the dates and the hours that the descendant may enter and remain upon such
land;
(2) Grant the descendant the right to enter upon such land periodically, as specified in
the order; and
(3) Impose any limitations on the descendant's ability to enter upon such land to prevent
unreasonable interference with the use and enjoyment of such land by the owner thereof.
44-10-52.
(a) When an individual has reasonable grounds to believe that he or she is a descendant
of a deceased human being whose remains may have been interred, entombed, or inurned
on the land of another, such individual may, when denied entry upon such land for the
purpose of discovering whether such human remains are located therein, bring an action
against the owner of such land in the superior court of the county where such land is
located for an order allowing the individual to enter upon such land for the purpose of
discovering whether he or she is a descendant of a deceased human being whose remains
may be located on such land.
(b) When granting an order described in subsection (a) of this Code section, the superior
court may:
(1) Authorize entry upon the land for the purpose of discovering the existence of human
remains therein and conducting genealogical research with respect to any such human
remains;
(2) Specify the dates and the hours that entry upon the land may occur; and
(3) Impose any limitations on the ability to enter upon such land to prevent unreasonable
interference with the use and enjoyment of such land by the owner thereof.
44-10-53.
Any remedy granted pursuant to the provisions of this article shall be in addition to and
cumulative of all other remedies provided by law, and any action brought pursuant to the
provisions of this article shall not preclude the ability of any individual to bring any other
action or seek any other remedy that may be available at law or in equity."
PART IV
SECTION 4-1.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
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.
### Plain-language summary
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 it 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.
## Status
- Status: Passed (2026-05-11)
- Last action: Effective Date 2026-07-01 (2026-05-11)
- Sponsors: Ricky Williams, Bo Hatchett, Randy Robertson, John Albers, Derek Mallow, Russ Goodman, John Kennedy, Jesse Petrea
- Official page: https://www.legis.ga.gov/legislation/70211
> The history, votes, and amendments (1,190 characters) are at https://georgiacommons.org/bills/2025-2026/sb146.md?full=1