3.00.1 Cemeteries and Burial Grounds in General

I.C. § 14-21-3-1 requires a grantor to include a statement in a deed about the location of a cemetery or burial ground on the conveyed land. IC § 14-21-3-4,5 gives the following exemptions from this chapter:

  1. compliance violates the National Historic Preservation Act, 16 USC § 470 (h)(h),(w);
  2. a public utility (See IC § 8-1-2-1(a);
  3. a corporation organized under IC § 8-1-13;
  4. a municipally owned utility (See IC § 8-1-2-1(h));
  5. Projects with government funding support or bond allocation.

The exempted properties coal mining, and reclamation sites do not require approval of a development plan. Land with a recorded cemetery or burial site notice have a requirement for a 100 foot "do not disturb" zone. If any construction should occur within the zone, the landowner must see approval of a development plan. IC § 14-21-1-26.5.

The auditor sends a copy of the deed with a cemetery or burial ground statement to the department of Natural Resources, local cemetery board and/or county commissioners. Failure to comply with IC § 14-21-3 after January 1, 2003 results in a Class C infraction. IC § 14-21-3-3.