State Laws

Three main laws protect burials from disturbance in Georgia:
    
1)  Official Code of Georgia §36-72-1 et seq.
"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." Continued...

2)  Official Code of Georgia §31-21-6
"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 Code Section 36-72-4, 12-3-52, or 12-3-82 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." Continued...

3)  Official Code of Georgia §31-21-44
"(a) It is unlawful for any person wantonly or maliciously to:
(1) Remove the dead body of a human being from any grave or other place of interment or from any vault, tomb, or sepulcher; or
(2) Otherwise disturb the contents of any grave or other place of
 interment or any vault, tomb, or sepulcher." Continued...

Georgia Department of Natural Resources

The Georgia Department of Natural Resources is not a clearinghouse for information and we do not maintain a comprehensive database.  Our agency's authority is limited to general law enforcement through our Wildlife Resources Division and the requirement under Official Code of Georgia §31-21-6 to notify the Georgia Council on American Indian Concerns when American Indian remains are encountered.

Local Laws

In addition, some cities and counties have enacted local regulations or ordinances that further protect historic cemeteries, such as requiring buffers around them. State laws and local regulations are enforced primarily by local law enforcement authorities.

Because Georgia operates by giving the largest share of power to municipal and county governments, the citizens of each community can use their voices and votes to encourage cemetery protection by their local governing authority.

Check with your local county or regional development center planner for local information.