When development plans encroach on an existing cemetery, Austin cemetery documentation and relocation procedures are necessary. Cemetery documentation, including identification of its boundaries, becomes necessary. In the case that avoidance is impossible, removal or alterations may become necessary. Texas laws preserve burial grounds and best practices require the documentation of their historic importance.
Unfortunately, vandalism is an all-too-common occurrence in cemeteries across the state of Texas. These unlawful occurrences are governed by local law enforcement. But when it comes to land use development, Federal Antiquities Law require cemetery documentation and relocation in Austin TX.
Desecration is a punishable Class A misdemeanor and may be subject to a state felony. Even unintentional damage is subject to prosecution. For this reason, an Austin cemetery documentation and relocation permit is not only a recommendation but a requirement of land development.
As part of cemetery documentation and relocation in Austin TX, when a previously unknown cemetery is discovered, a Notice of Discovery of an Unknown Cemetery is filed with the county clerk. Included when filing the notice, are cemetery location, description, means of its discovery, and distribution and number of graves.
For the purposes of historic preservation and public education, an application for the designation of a cemetery as an Historic Texas Cemetery can be made with the Texas Historical Commission (THC). To qualify, the cemetery must be at least 50 years old. We provide support for this process in addition to Austin cemetery documentation and relocation.
State Cemetery Laws
The Texas Health and Safety Code regulates many of the laws concerning cemetery documentation and relocation in Austin TX. And can prove complicated. Many of the various laws associated with cemeteries can be found in Chapters 711-715 of the Texas Health and Safety Code. Other laws pertaining to historic cemeteries can be found in the Antiquities Code of Texas.
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