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.