Cemetery Preservation Law

This paper examines the processes by which laws serve as a mechanism to regulate the impact of development on cemeteries. Inthe past, development and cemeteries intersected in ways that have produced generally negative results, which are disrespectful to the cultural significance of human remains. In this study, federal, state, and county laws are analyzed to understand the full legal framework regarding cemeteries and their protection. Regulatory agencies other than the federal government have a greater role to play in cemetery preservation, and thus the focus is placed on state and county laws. For this analysis, three states–South Carolina, Washington, and Maryland –and four Maryland counties –Montgomery, Prince George’s, Anne Arundel, and Howard –were compared to assess their effectiveness in terms of preserving cemeteries.