Georgia sets permit and court rules for cemetery protection

Landowners and occupiers must obtain a disturbance permit before knowingly disturbing a known cemetery, burial ground, human remains, or burial object for development or a land-use change. The permit process applies to known cemeteries, burial grounds, remains, and burial objects, and permits may be issued only for an abandoned cemetery as defined by the measure. Applications must include ownership evidence, an archaeologist’s grave survey, a descendant-notification plan, and a plan to avoid or reduce harm. Local governments must hold a public hearing, consider descendants and other interested people, and issue a written decision. A permit does not remove other permit requirements, and work generally must wait through the appeal period or until an appeal is resolved. The permit must be obtained before the covered disturbance begins; the text sets hearing and appeal periods but does not state a general effective date for these provisions.

A person must obtain a local government permit before establishing a family burial plot, and the plot must meet the measure’s minimum site and maintenance requirements. The rules apply to private, noncommercial family burial plots and exclude government, religious, fraternal, commercial, and registered cemetery properties. The land must be at least one-half acre, outside a flood plain and at least 100 feet from a water well. The site must provide lasting access, maintenance duties for current and future owners, a survey, and lawful burial spaces; burial rights may not be sold. A local government may charge a fee and add rules that do not conflict with these requirements. Violations may bring a civil penalty of up to $5,000 per violation, court-ordered corrections, or court-ordered relocation of remains at the violator’s expense. The permit requirement and minimum standards apply to family burial plots established on or after July 1, 2026.

A descendant who is denied access may ask superior court for an order allowing entry onto another person’s land to visit, care for, or maintain a grave site. The provision covers remains buried, entombed, or placed in an urn on land owned by someone else; a person who reasonably believes they are a descendant may also seek limited entry to search for remains and conduct genealogy research. The court may set dates, hours, and repeat visits. The court may impose limits to prevent unreasonable interference with the landowner’s use of the property. These court remedies are in addition to other remedies allowed by law. The right arises when the landowner denies entry; the text does not state a separate filing deadline or general effective date.