Towns would care for abandoned cemeteries listed in land use plans

If a town lists an abandoned cemetery in its land use plan, it would protect and care for the site permanently. A covered site contains human burials, is not owned by a public agency or religious group, and has no more than 10 percent of its burials after 1971. The town could use open space funds or other lawful funding, but it could not charge extra fees for this care. If enacted, this duty would start immediately, and the care would continue permanently.

A town preparing a master plan would show abandoned cemeteries, and a town requiring site plan review would require their identification. The land use plan rule applies if a town prepares a master plan. The site plan rule applies if its local rules require site plan review. If enacted, both requirements would take effect immediately.

When a town plan or official map calls for setting aside a cemetery in a proposed project, its planning board could require the developer to mark it before approval. This applies when a town's master plan or official map calls for setting aside an abandoned cemetery within the proposed development. An adopted official map would establish cemetery locations even where grave markers are gone. If enacted, this option would begin immediately and apply before approval of a subdivision or site plan.