New Hampshire Annotations
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Protection of Burials
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Acts Prohibited by Law and Subject to Criminal Sanctions
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What is the criminal liability for unlawfully excavating human remains or archaeological resources?
Section 635:6 Interference With Cemetery or Burial Ground
Written authorization of the owner of a burial plot, or the lineal descendant of the deceased, if such owner or lineal descendant is known, or the written authorization of the governing board of the municipality in which the burial plot lies, if the owner or lineal descendant is unknown, a permit is required in order to excavate a cemetery or burial ground. Without this permission, it is against the law to purposely or knowingly disturb the contents of any tomb or grave in any cemetery or burial ground.
Any person who is convicted of an offense under RSA 635:6 or 635:7 shall be guilty of a class B felony and shall be ordered by the court to make restitution for damages resulting from the offense and for replacement of removed items.
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What is the criminal liability for unlawfully selling or purchasing human remains and funerary objects?
Section 635:7 Unlawful Possession or Sale of Gravestones and Gravesite Items
No person shall possess or sell, offer for sale or attempt to sell, or transfer or dispose of any monument, gravestone, marker, or other structure, or any portion or fragment thereof, placed or designed for a memorial of the dead, or any fence, railing, gate, plot delineator, or curb, knowing or having reasonable cause to know that it has been unlawfully removed from a cemetery or burial ground.
Any person who is convicted of an offense under RSA 635:6 or 635:7 shall be guilty of a class B felony, and shall be ordered by the court to make restitution for damages resulting from the offense and for replacement of removed items.
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What is the criminal liability for unlawfully taking or possessing human remains and funerary objects?
Section 635:7 Unlawful Possession or Sale of Gravestones and Gravesite Items
No person shall possess or sell, offer for sale or attempt to sell, or transfer or dispose of any monument, gravestone, marker, or other structure, or any portion or fragment thereof, placed or designed for a memorial of the dead, or any fence, railing, gate, plot delineator, or curb, knowing or having reasonable cause to know that it has been unlawfully removed from a cemetery or burial ground.
Any person who is convicted of an offense under RSA 635:6 or 635:7 shall be guilty of a class B felony, and shall be ordered by the court to make restitution for damages resulting from the offense and for replacement of removed items.
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What is the criminal liability for unlawfully disturbing human remains and funerary objects?
635:6 Interference With Cemetery or Burial Ground
Written authorization of the owner of a burial plot, or the lineal descendant of the deceased, if such owner or lineal descendant is known, or the written authorization of the governing board of the municipality in which the burial plot lies, if the owner or lineal descendant is unknown, is required in order to excavate a cemetery or burial ground.
Without this permission, it is against the law to purposely or knowingly disturb the contents of any tomb or grave in any cemetery or burial ground.
Any person who is convicted of an offense under RSA 635:6 or 635:7 shall be guilty of a class B felony, and shall be ordered by the court to make restitution for damages resulting from the offense and for replacement of removed items.
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What is the criminal liability for defacing or destroying historical or archaeological sites?
Any person who knowingly appropriates, excavates, destroys, or in any manner alters any historic resource located on state land, under state waters, except in the course of activities pursued under the authority of a permit or preservation agreement, shall be guilty of a misdemeanor punishable by a fine not exceeding $1,000 or by imprisonment for a period not to exceed 6 months, or both. He must also forfeit to the state all materials appropriated and shall reimburse the state for restoration of a defaced or destroyed property.
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What is the criminal liability for unlawfully reproducing historic or archaeological artifacts?
Any person who, with the purpose of defrauding anyone or with the knowledge that he is facilitating a fraud to be perpetrated by anyone, makes or alters any object so that it appears to have value because of antiquity, rarity, source or authorship which it does not possess, shall be guilty of a misdemeanor and shall forfeit to the state the equivalent in dollars of profits made by the sale of the fraudulent objects.
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What is the criminal liability for unlawfully destroying tombs, monuments, or gravestones?
Section 635:6 Interference with Cemetery or Burial Ground
Written authorization of the owner of a burial plot, or the lineal descendant of the deceased, if such owner or lineal descendant is known, or the written authorization of the governing board of the municipality in which the burial plot lies, if the owner or lineal descendant is unknown, is required in order to excavate a cemetery or burial ground.
Without this permission, it is against the law to purposely or knowingly destroy, mutilate, injure or remove any tomb, monument, gravestone, marker, or other structure, or any portion or fragment thereof, placed or designed for a memorial of the dead, or any fence, railing, gate, curb, or plot delineator or other enclosure for the burial of the dead.
Any person who is convicted of an offense under RSA 635:6 or 635:7 shall be guilty of a class B felony, and shall be ordered by the court to make restitution for damages resulting from the offense and for replacement of removed items.
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What is the criminal liability for unlawfully taking or possessing monuments or gravestones?
Section 635:7 Unlawful Possession or Sale of Gravestones and Gravesite Items
It is against the law to knowingly possess or sell, offer for sale or attempt to sell, or transfer or dispose of any monument, gravestone, marker, or other structure, or any portion or fragment thereof, placed or designed for a memorial of the dead, or any fence, railing, gate, plot delineator, or curb.
Any person who is convicted of an offense under RSA 635:6 or 635:7 shall be guilty of a class B felony, and shall be ordered by the court to make restitution for damages resulting from the offense and for replacement of removed items.
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What is the criminal liability for destroying or damaging petroglyphs and cave surfaces?
We are unable to locate information relevant to this question at this time.
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What is the criminal liability for removing or damaging headstones?
635:6 Interference With Cemetery or Burial Ground
A person must have the written authorization of the owner of a burial plot, the lineal descendant of the deceased, or the governing board of the municipality to remove or physically interfere with a headstone. Without such permission, a person may not purposely or knowingly destroy, mutilate, injure or remove any tomb, monument, gravestone, marker, or other structure, or any portion or fragment thereof, placed or designed for a memorial of the dead, or any fence, railing, gate, curb, or plot delineator or other enclosure for the burial of the dead.
Any person who is convicted of an offense under RSA 635:6 or 635:7 shall be guilty of a class B felony, and shall be ordered by the court to make restitution for damages resulting from the offense and for replacement of removed items.
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What are the general state criminal laws for abuse of corpse?
We are unable to locate information relevant to this question at this time.
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What are the general state criminal laws for theft?
Section 637:3 Theft by Taking or Transfer
A person commits theft if he obtains or exercises unauthorized control over the property of another with a purpose to deprive him thereof.
Section 637:4 Theft by Deception
A person commits theft if he obtains or exercises control over property of another by deception and with a purpose to deprive him thereof.
Section 637:5 Theft by Extortion
A person is guilty of theft as he obtains or exercises control over the property of another by extortion and with a purpose to deprive him thereof.
Section 637:6 Theft of Lost or Mislaid Property
A person commits theft when he obtains property of another which he knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or as to the nature or amount of the property, without taking reasonable measures to return the same to the owner.
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What are the general state criminal laws for receiving stolen property?
Section 637:7 Receiving Stolen Property
A person commits theft if he receives, retains, or disposes of the property of another knowing that it has been stolen or believing that it has probably been stolen. A person has knowledge or belief that goods are stolen when those goods come from a person in the business of buying and selling goods who has been found in possession of stolen goods in the past, has received other stolen property within the previous year, is a dealer in goods of the given sort and acquired them at an unreasonably low price, or has purchased what is believed to be stolen goods from a law enforcement officer in a sting.
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What are the general state criminal laws for unlawful trespass?
Section 635:2 Criminal Trespass
A person is guilty of criminal trespass if, knowing that he is not licensed or privileged to do so, enters or remains in any place. Criminal trespass is a misdemeanor for the first offense and a class B felony for any subsequent offense if the person knowingly or recklessly causes damage in excess of $1,000 to the value of the property.
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What are the general state criminal laws for mischief?
Section 634:2 Criminal Mischief
Criminal mischief is purposeful or reckless destruction of property without a right to that property or without a reasonable belief to a right in that property. Criminal mischief is a class B felony when the offender knows the destroyed property has historical, cultural, or sentimental value that cannot be restored by repair or replacement. Vandalizing, defacing, or destroying any part of any natural geological formation, site, or rock surface located on public property that has been designated by the state or any of its political subdivisions or the federal government as a natural area or landmark shall be guilty of a class A misdemeanor and shall also make restitution to the state for any damage he or she has caused.
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What are the general state criminal laws for damage to property?
Section 634:2 Criminal Mischief
Purposeful or reckless damage to property in New Hampshire is considered criminal mischief. Accordingly, Criminal mischief is a class B felony when the offender knows the destroyed property has historical, cultural, or sentimental value that cannot be restored by repair or replacement. Vandalizing, defacing, or destroying any part of any natural geological formation, site, or rock surface located on public property that has been designated by the state or any of its political subdivisions or the federal government as a natural area or landmark shall be guilty of a class A misdemeanor and shall also make restitution to the state for any damage he or she has caused.
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What are the general state criminal laws for hate crimes?
Section 651:6 Extended Term of Imprisonment
A defendant may be sentenced to an extended term of imprisonment when the committed crime was substantially motivated by of hostility towards the victim's religion, race, creed, sexual orientation, national origin, or sex.
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Acts Prohibited by Law and Subject to Civil or Administrative Sanctions
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How is the excavation of archaeological resources restricted in this state?
Section 155-E:2 Permit Required
A permit is required for any excavation of earth. Such a permit may be waived if the excavation is part of an earlier excavation or if the excavation relates to public highways.
Division of Historical Resources
The New Hampshire Division of Historical Resources issues permits for archaeological projects on state lands or under state waters. It also oversees the treatment of unmarked human burials discovered during land-altering activities.
Section 227-C:7 Permits Issued for State Lands and Waters
The state, acting through the commissioner of the department of cultural resources, reserves to itself the exclusive right and privilege to conduct, or cause to be conducted, field investigations of historic resources that involve the alteration of the surface or subsurface of the resource and removal of any surface or subsurface objects.
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How is the collection or removal of historical and archaeological resources restricted in this state?
Division of Historical Resources
Before excavation of a historical or archaeological resource may begin, the Division of Historical Resources must approve an application for a permit to excavate.
Section 227-C:8 Division and Disposition of Historic Resources
The commissioner of the department of cultural resources shall be the technical custodian of all state historic resources and shall make arrangements for the allocation of any historic resources recovered from a permitted field investigation between state and private custody, the disposition of the state portion in an appropriate institution of the state as close to the place of origin as possible, preservation agreements of the portion released for private custody, any temporary loan of the historic resources to qualified persons or institutions in or out of state, and the acquisition, disposition, and placement of objects of historic importance.
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What specific laws restrict the alienation of use of historical burial places?
We are unable to locate information relevant to this question at this time.
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Time Limits for Bringing Criminal Action
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What time limits govern the initiation of a criminal action related to the protection of burials?
New Hampshireís criminal statute of limitations varies depending on the offense. For a class A felony, the term is six years. For a class B felony, the term is six years. For a misdemeanor, the limitation is one year. For a violation, the term is three months. For an offense defined by RSA 282-A (unemployment compensation), the term is six years. Murder may be prosecuted at any time.
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Time Limits for Bringing Civil Action
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What time limits govern the initiation of a civil action related to the protection of burials by the state, local authority, or a private party?
There are no specific time limitations for actions of this type. Civil time limitations vary depending on the type of action being brought.
Section 508:4 Personal Actions
All personal actions may be brought only within three years of the act or omission complained of. When the injury and its causal relationship to the act or omission were not discovered and could not reasonably have been discovered at the time of the act or omission, then an action must be brought within three years of when the act should have been discovered.
Section 508:4-b Damages From Construction
There is an eight-year time limitation on actions arising from construction related damages that begins at the time of substantial completion of the affecting construction project.
Section 539:8 Limitation of Actions
There is a two-year time limitation on actions arising from trespass to land.
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Sanctions
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Criminal
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What are the general criminal fines and penalties for misdemeanors and felonies in the state?
Section 625:9 Classification of Crimes
Class A felonies are crimes for which the maximum penalty, exclusive of fine, is imprisonment in excess of seven years. Class B felonies are crimes for which the maximum penalty, exclusive of fine, is imprisonment in excess of one year but not in excess of seven years. Class A misdemeanors are crimes for which the maximum penalty, exclusive of fine, is imprisonment not in excess of one year. Class B misdemeanors are crimes for which the maximum penalty does not include any term of imprisonment or any fine in excess of the maximum provided for a class B misdemeanor in RSA 651:2, IV(a) ($2,000 for a class A misdemeanor, $1,200 for a class B misdemeanor).
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What are the class designations for misdemeanors and felonies in the state?
Section 625:9 Classification of Crimes
Felonies other than murder are either class A felonies or class B felonies when committed by an individual. Felonies committed by a corporation or an unincorporated association are unclassified. Misdemeanors are either class A misdemeanors or class B misdemeanors when committed by an individual. Misdemeanors committed by a corporation or an unincorporated association are unclassified.
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Civil and Administrative
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What are the civil sanctions related to burial protection in the state?
We are unable to locate information relevant to this question at this time.
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What are the administrative sanctions related to burial protection in the state?
We are unable to locate information relevant to this question at this time.
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Preservation of Burials and Compliance Therewith
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Laws Related to Preservation of Burials
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How are future interests in property involving burials subject to the rule against perpetuities?
We are unable to locate information relevant to this question at this time.
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How can the state exercise eminent domain over a cemetery or historic property?
Section 227-C:26 Protection Against Development Projects
No publicly funded project having the potential to adversely affect a designated site shall be undertaken without a determination and analysis of the effect upon the integrity of the site. The determination and the analysis shall be conducted under the supervision of the director of the division of historical resources and shall, at a minimum, include consideration of visual and aural effects upon visitors at the site, access to the site, and the traditional setting of the site. The determination and the analysis shall also include at least one opportunity for public comment on the proposal; such hearing to be held in the community or communities most affected by the proposal.
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How are conservation and preservation easements created in this state?
Chapter 9-B State Economic Growth, Resource Protection, and Planning Policy
In addition to clean water and air, productive mountain, forest, and agricultural, New Hampshire has emphasized open space land is one of the state's most valuable assets. The maintenance of this asset is seen as vital to provide future generations with the same quality of life and environment that current residents enjoy. Economic development is essential to the well-being and prosperity of our citizens. Accordingly, the state has adopted a policy for development that maximizes smart growth by locating development in appropriate growth areas and thus retaining as much open space land as possible for the long-term.
Chapter 162-C Council on Resources and Development
An established council on resources and development shall consult upon common problems in the fields of environmental protection, natural resources, and growth management including the encouragement of smart growth
Section 79-D:1 Discretionary Preservation Easements
It is in the public interest to encourage the preservation of historic agricultural structures which are potentially subject to decay or demolition, thus maintaining the historic rural character of the state's landscape, sustaining agricultural traditions, and providing an attractive scenic environment for work and recreation of the state's citizens and visitors. It is further declared to be in the public interest to prevent the loss of historic agricultural structures due to property taxation at values incompatible with their preservation. The means for encouraging preservation of historic agricultural structures authorized by this chapter is the acquisition of discretionary preservation easements by town or city governments to assure preservation of such structures which provide a demonstrated public benefit.
Any owner of an historic agricultural structure who wishes to maintain the structure may apply to the governing body of the municipality in which the property is located to convey a discretionary preservation easement to the municipality. A discretionary preservation easement shall be considered to provide a demonstrated public benefit if it provides scenic enjoyment of the structure by the general public from a public way or from public waters, if the structure is historically important on a local, regional, state, or national level, either independently or within an historic district, or if the structure's physical or aesthetic features contribute to the historic or cultural integrity of a property listed on or determined eligible for listing on the National Register of Historic Places, state register of historic places, or locally designated historic district. Any owner of an historic agricultural structure which meets the tests of public benefit may apply to the governing body to grant a discretionary preservation easement to the municipality, agreeing to maintain the structure in keeping with its historic integrity and character during the term of the easement.
If, after a duly noticed public hearing, the governing body finds that the proposed preservation of such historic agricultural structure is consistent with the purposes of this chapter, it may take steps to acquire a discretionary preservation easement as provided in this chapter. In exercising its discretion, the local governing body may weigh the public benefit to be obtained versus the tax revenue to be lost if such an easement is granted. The governing body shall have no more than 60 days to act upon the application.
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How does the state create authorized rights-of-way through cemetery property?
Section 289:14 Right of Way to Private Burial Ground
Any person wishing to have a temporary right of entry over private land in order to enter a private burial ground enclosure to which there is no public right of way may apply in writing to the selectmen of a town or the mayor of a city stating the reason for such request and the period of time for which such right is to be exercised. The applicant shall also notify in writing the owner or occupier of the land over which the right of way is desired. The selectmen or mayor, in the exercise of discretion and in consultation with the cemetery trustees, may issue a permit for such temporary right of entry designating the particular place where the land may be crossed. The owner or occupier of the land may recommend the place of crossing which, if reasonable, shall be the place designated by the selectmen or mayor.
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How are the transfer of cemetery lots and the disposition of cemetery land regulated?
There does not appear to be specific code that governs this question. However, there are requirements for maintenance of burial records in cemeteries.
Section 289:5 Cemetery Records
The corporate officer or designee of a cemetery corporation or town cemetery trustees charged with the responsibility of operation and administration of any cemetery under their control shall keep a record of every burial showing the date of burial and name of the person buried. Such records shall also be kept of every private burial site within a municipality by the owner of the land containing the burial site and a copy of the information shall be supplied to the cemetery trustees who will maintain the municipal records of such sites.
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How will the state regulate unsuitable or condemned cemetery property?
Whenever there is a public necessity for the discontinuance of any municipal cemetery and the removal of the remains of persons buried in such cemetery, the cemetery may be discontinued by a 3/4 vote of the legal voters present and voting at any town meeting held for the purpose, or by 3/4 of each board of the city councils present and voting.
Section 289:19 Neglected Burial Ground
Whenever a burial ground within the boundaries of the town has been neglected for a period of 20 years or more, the municipality may declare it abandoned for purposes of preservation, maintenance, or restoration.
Section 289:21 Rights and Responsibilities
Any burial ground declared abandoned shall become a municipal cemetery for management purposes and shall be managed by the cemetery trustees, who shall assume all the authorization and rights of natural lineal descendants.
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What is the procedure for abandoning burial grounds or cemetery lots?
To declare a burial ground abandoned, the municipality shall place an advertisement in at least one newspaper having general distribution in the municipality and surrounding area. The advertisement shall state the intent of the municipality, identifying the burial ground by name, if known, and by names and dates of the oldest stones in the burial ground, with a request for any direct descendent to contact the town selectmen's office, the town manager, or mayor, as applicable. If the burial ground contains no stones with legible inscriptions, the site may be identified by a detailed description of its location.
Neither less than 60 days nor more than 90 days after the notice of the intent has been published, the notice shall be read at a regularly scheduled selectmen's meeting or in the case of a city, a city council meeting. If any descendants were located and grant permission, or if no descendants were located, then, after a public hearing, the municipality may declare the burial ground abandoned by a majority vote of the selectmen or city councilmen present and voting.
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What is the procedure for removing or replacing headstones?
Section 289:17 Removal of Monuments
The monuments, gravestones, and other appurtenances attached to the graves shall be carefully removed and properly set up at the place of reinterment with as little injury as the nature of the case will admit. In case of injury to any monument, gravestone, or appurtenance, the damages shall be assessed by the governing body in the same manner and with the same right of appeal as in the case of alteration of the grade of highways.
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How will the state preserve historical or archaeological resources including human remains burial places, and funerary objects threatened by public construction or public works?
Section 227-C:8-a Discovery of Remains and Notification of Authorities
If the unmarked human burials or human remains are encountered as a result of construction or agricultural activities, disturbance of the remains shall cease immediately and shall not resume without authorization from either the county medical examiner or the state archaeologist.
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What are the procedures for excavating or removing remains or archaeological resources on public lands?
See question regarding disposition of human remains and funerary artifacts.
Section 227-C:8-h Financial Responsibility
If the discovery is the result of a state-funded land-altering activity, the department providing the funding shall bear the cost of excavation, removal, analysis, disposition, and land restoration and shall be authorized to use project funds for those purposes.
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What are the procedures for excavating or removing remains or archaeological resources on private lands?
See question regarding disposition of human remains and funerary artifacts.
Section 227-C:8-h Financial Responsibility
The owner or lessee of the land on which unmarked human burials or human remains are found shall bear the cost of the excavation, removal, analysis, and disposition if the discovery is the result of a privately-financed commercial land-altering activity, including the construction of speculative housing.
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What are the procedures for discoveries of human remains and artifacts of cultural significance?
Section 227:C-8a Discovery of Remains and Notification of Authorities
Knowledge or belief that unmarked human remains are being destroyed, defaced, mutilated, removed, or exposed shall immediately necessitate notification the medical examiner of the county in which the remains are encountered. If such a disturbance is caused by construction work, that work must cease until the medical examiner is notified. If the disturbance is result of a professional archaeological excavation, the state archaeologist must be notified as well as specific groups that may have affinity to the remains.
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What are the procedures for the disposition of human remains and funerary artifacts?
Section 227-C:8 Division and Disposition of Historic Resources
Human remains shall be investigated and disposed of in accordance with the provisions of RSA 227-C:8-a through 8-g. Human remains which qualify as historic resources shall be fully documented before final disposition. Documentation shall include, at a minimum: a description of skeletal material (such as age at death, sex, metrical data, and pathologies); a description of artifacts and other materials (such as the type of stone or fabric, size, and indications of use); age of the remains, and cultural association. Human remains which are subject to reinterment under the provisions of RSA 289 shall be accordingly interred, but those which are not, including prehistoric remains, shall be released for reinterment and shall be disposed of according to the provisions of RSA 227-C:8-g.
Section 227-C:8-a Discovery of Remains and Notification of Authorities
Knowledge or belief that unmarked human remains are being destroyed, defaced, mutilated, removed, or exposed shall immediately necessitate notification the medical examiner of the county in which the remains are encountered. If such a disturbance is caused by construction work, that work must cease until the medical examiner is notified. If the disturbance is result of a professional archaeological excavation, the state archaeologist must be notified as well as specific groups that may have affinity to the remains.
Section 227-C:8-b Jurisdiction Over Remains
After notification of the discovery of an unmarked human burial or human skeletal remains, the medical examiner shall determine whether the remains are subject to the provisions of this chapter. If the county medical examiner determines that the remains are subject to the provisions of this chapter, he shall immediately proceed with his investigation. The county medical examiner shall notify the state archaeologist of the discovery of the human skeletal remains and of his findings. The state archaeologist shall immediately take charge of the remains and associated grave items.
After taking charge of the human remains, the state archaeologist shall have 48 hours to make arrangements with the landowner for the protection or removal of the unmarked human burial or human remains. The state archaeologist shall have no authority over the remains at the end of the 48-hour period and may not prohibit the resumption of the construction or agricultural activities without the permission of the landowner, unless other arrangements have been made with the landowner as provided in this paragraph.
Section 227-C:8-c Archaeological Investigation of Human Remains
If an agreement is reached with the landowner for the excavation of the human remains, the state archaeologist shall either designate a member of his staff or authorize another professional archaeologist to excavate or supervise the excavation. The professional archaeologist excavating human skeletal remains, when in site preservation is not feasible, shall report to the state archaeologist his opinion on the cultural and biological characteristics of the remains. This report shall be transmitted as soon as possible after the commencement of excavation, but no later than 2 full business days after the removal of a burial. The state archaeologist, in consultation with the professional archaeologist excavating the remains, shall determine where the remains shall be held subsequent to excavation.
Section 227-C:8-d Consultation With Native American Community
If the professional archaeologist determines that the human remains are Native American and the remains are known to have affinity to federally recognized Indian tribes or specific living ethnic groups or other nonfederally recognized Indian groups, the state archaeologist shall immediately notify the leaders, officials, or spokespersons for these tribes or groups wherever the appropriate tribes or groups are located, whether in or outside the state of New Hampshire. The state archaeologist shall consult with such persons who respond in a timely fashion in the determination of the most appropriate treatment for the interments. Within 4 weeks of the notification, the appropriate Indian tribe or group shall communicate in writing to the state archaeologist its concerns with regard to the treatment of interment and ultimate disposition of the Native American remains. Within 90 days of the receipt of the concerns, the state archaeologist, with the approval of the principal official or officials of the Indian group or tribe, shall prepare a written agreement concerning the treatment and ultimate disposition of the Native American remains. The written agreement shall include the following:
(a) Designation of a qualified skeletal analyst to work on the skeletal remains;
(b) The type of analysis and the specific period of time to be provided for analysis of the skeletal remains;
(c) The timetable for written progress reports and the final report concerning the analysis to be provided to the state archaeologist by the skeletal analyst and the professional archaeologist; and
(d) A plan for ultimate disposition of Native American remains subsequent to the completion of adequate analysis.
If no agreement is reached within 90 days, the state historic preservation officer and commissioner shall determine the terms of the agreement.
Section 227-C:8-e Consultation With Other Individuals
If the professional archaeologist determines that the human skeletal remains are other than Native American, the state archaeologist shall publish notice that excavation of the remains has occurred, at least once per week for 4 successive weeks in a newspaper of general circulation in the county where the burials or skeletal remains were situated, in an effort to determine the identity or next of kin, or both, of the deceased. If the next of kin are located, within 90 days the state archaeologist in consultation with the next of kin shall prepare a written agreement concerning the treatment and ultimate disposition of the skeletal remains. The written agreement shall include:
(a) Designation of a qualified skeletal analyst to work on the skeletal remains;
(b) The type of analysis and the specific period of time to be provided for analysis of the skeletal remains;
(c) The timetable for written progress reports and the final report concerning the analysis to be provided to the state archaeologist and the next of kin by the skeletal analyst and the professional archaeologist; and
(d) A plan for the ultimate disposition of the skeletal remains subsequent to the completion of adequate analysis.
If no agreement is reached, the remains shall be handled according to the wishes of the next of kin.
Section 227-C:8-f Analysis of Remains
Skeletal analysis conducted under the provisions of this section shall only be accomplished by a skeletal analyst. Prior to the execution of the written agreements outlined above, the state archaeologist shall consult with both the professional archaeologist and the skeletal analyst investigating the remains. The professional archaeologist and the skeletal analyst shall submit a proposal to the state archaeologist within the 90-day period set forth in RSA 227-C:8-d, III and 8-e, including:
(a) Methodology and techniques to be utilized;
(b) Research objectives;
(c) Proposed time schedule for completion of the analysis; and
(d) Proposed time intervals for written progress reports and the final report to be
submitted.
If the terms of the written agreement are not substantially met, the state archaeologist or the next of kin may take possession of the remains. In such cases, the state archaeologist may ensure that appropriate analysis is conducted by another qualified skeletal analyst or professional archaeologist, or by both a professional archaeologist and qualified skeletal analyst, prior to ultimate disposition of the remains.
Section 227-C:8-g Disposition of Human Remains
If the human remains are Native American, the director or his designee, after consultation with an appropriate federally recognized Indian tribe or specific living ethnic group or other nonfederally recognized Indian group, shall determine the ultimate disposition of the remains after the analysis. If the skeletal remains are other than Native American and the next of kin have been identified, the next of kin shall have authority concerning the ultimate disposition of the remains after the analysis. If the state archaeologist has received no information or communication concerning the identity or next of kin of the deceased, the remains shall be transferred to the state archaeologist who shall arrange for either permanent curation according to standard museum procedures or for reburial in a public cemetery after adequate analysis. In the case of remains encountered during the course of long-term research of a professional archaeologist is provided in RSA 227-C:8-a, III(b), the director or his designee, on recommendation of the state archaeologist, may grant permission to a sponsoring institution, which shall include accredited colleges, universities, museums, or professional archaeological organizations, to permanently curate the remains according to standard museum procedures after appropriate analysis is completed.
If a determination is made by the director or his designee and the commissioner, in consultation with an appropriate federally recognized Indian tribe or specific living ethnic group or other nonfederally recognized Indian group, that Native American remains shall be reinterred following the completion of analysis, an appropriate tribe or group may provide a suitable reburial location and reburial ceremony. If it elects not to do so, it shall be the responsibility of the department to provide a suitable reburial location.
The expense of transportation of Native American remains to the reburial location shall be borne by the party conducting the excavation and removal of the remains. The reburial ceremony may be provided by an appropriate federally recognized Indian tribe or specific living ethnic group or other nonfederally recognized Indian group. If such tribe or group elects not to do so, the reburial ceremony shall be the responsibility of the director or his designee and the commissioner.
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What are the procedures for the removal and re-interment of human remains from cemeteries?
The governing body may, at the expense of the municipality, disinter all the remains of persons buried in such cemetery and reinter the same in the unoccupied part of another cemetery within the municipality, such reinterment to be in the place designated by the nearest surviving relatives of the deceased persons or, in the absence of such surviving relative, by the cemetery trustees. Such removal and reinterment shall be done prudently and with proper care and attention.
Section 290:5 Burial Permit Required
No interment of the dead body of a human being, nor disposition of the body in a tomb or vault, shall be made without a permit, and only in accordance with it. No disinterment, except as otherwise provided in this chapter, of the dead body of a human being shall be made without a permit from the department of state, countersigned by the local health officer, and only in accordance with such permit. Before a disinterment permit is granted, the surviving spouse, parents, and children, who are 18 years of age or older, of the deceased human being shall be given written notice by certified mail of the disinterment request and shall be afforded 10 days from the written notice to object to the disinterment before the permit is issued. Such disinterment permit shall not be required for removal of such dead body from a tomb or vault for the purpose of burial, for reinterment of dead bodies after discontinuance of a public cemetery, as provided in RSA 289:15 and 289:16, if a body is to be removed within the geographic boundaries of the same cemetery, nor in a case where an autopsy has been ordered by a county attorney or the attorney general. No person shall assist in, assent to, or allow an interment or disinterment to be made until a permit has been obtained under this section. Any person who violates the provisions of this section shall be guilty of a misdemeanor.
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How does the state regulate the opening and construction of highways through burial grounds for cemeteries?
No cemetery shall be laid out within 50 feet of a known source of water or the right of way of any classification of state highway. Existing cemeteries which are not in compliance with the above set-back requirements may be enlarged, provided that no portion of the enlargement is located any closer to water sources or highways than the existing cemetery, and provided further that no such enlargement shall be located within 50 feet of any classification of state highway.
New construction, excavation, or building in the area of a known burial site or within the boundaries of an established burial ground or cemetery shall comply with local zoning regulations concerning burial sites, burial grounds or cemeteries, whether or not such burial site or burial ground was properly recorded in the deed to the property. In the absence of such regulations, no new construction, excavation, or building shall be conducted within 25 feet of a known burial site or within 25 feet of the boundaries of an established burial ground or cemetery, whether or not such burial site or burial ground was properly recorded in the deed to the property, except when such construction, excavation, or building is necessary for the construction of an essential service, as approved by the governing body of a municipality in concurrence with the cemetery trustees, or in the case of a state highway, by the commissioner of the department of transportation in concurrence with the cemetery trustees.
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How does the state identify, preserve, and control Native American sacred sites?
We are unable to locate information relevant to this question at this time.
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How does the state preserve historical lands from surface mining?
We are unable to locate information relevant to this question at this time.
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What are the procedures for the exploration of submerged graves and underwater sites?
Section 227-C:6 State Title to Historic Resources on State Lands and Under State Waters
The state, acting through the commissioner, reserves to itself title of ownership of all historic resources on or from the bottom of navigable waters in the state, great ponds and 3 miles seaward from the New Hampshire shore in the territorial tidal waters of the state.
Section 227-C:7 Permits Issued for State Lands and Waters
The state, acting through the commissioner, reserves to itself the exclusive right and privilege to conduct, or cause to be conducted, field investigations of historic resources that involve the alteration of the surface or subsurface of the resource and removal of any surface or subsurface objects.
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What are the procedures for transferring land and property containing historic or cultural resources?
Section 227-C:9 Directive for Cooperation in the Protection of Historic Resources
When preparing to sell or transfer real property under its jurisdiction which is expected to have historic resources, or is known to have historic resources, the state, its agencies, departments, commissions, institutions and political subdivisions shall, upon a recommendation of the commissioner:
(a) Condition the sale or transfer upon such covenants, deed restrictions, or other contractual arrangements as shall protect the historic resources for future generations.
(b) Reserve such property from sale or transfer, provided that the reservation of such lands from sale or transfer may be confined to the actual location of the historic resources.
(c) Defer sale or transfer of such property for the purpose of conducting field investigations, including salvage mitigation if necessary, and until the lands are released for sale or transfer by the commissioner.
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What public health regulations exist for the removal and burial of human remains?
We are unable to locate information relevant to this question at this time.
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How is environmental impact measured for historic and archeological resources?
We are unable to locate information relevant to this question at this time.
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Activities Affecting Burials which Require State or Local Government Compliance
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What activities affecting burials require state or local government compliance?
We are unable to locate information relevant to this question at this time.
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Rules, Regulations and Ordinances Governing Burial-Related Activities
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What state regulations relate to non-governmental burial related activities?
Upon death, a death record must be completed by a physician or advanced practice registered nurse and delivered to the state division of vital records administration.
Section 290:3 Burial Permits, Obtaining
The funeral director, next-of-kin, or designated agent must add to the death record the date and place of burial. Thereafter, the funeral director, next-of-kin, or designated agent may obtain a permit for burial from the division of vital records administration.
Section 290:4-a Record of Interment Date
Where the town where the death occurred and the town of residence or burial is different, the burial permit shall indicate the actual date of interment where the dead body is stored in a tomb or vault prior to burial.
Section 290:5 Burial Permit Required
No interment of the dead body of a human being shall be made without a permit. No disinterment shall be made without a permit from the department of state, countersigned by the local health officer. Before a disinterment permit is granted, the surviving spouse, parents, and children, who are 18 years of age or older, of the deceased human being shall be given written notice by certified mail of the disinterment request and shall be afforded 10 days from the written notice to object to the disinterment before the permit is issued. Such disinterment permit shall not be required for removal of such dead body from a tomb or vault for the purpose of burial, for reinterment of dead bodies after discontinuance of a public cemetery if a body is to be removed within the geographic boundaries of the same cemetery, nor in a case where an autopsy has been ordered by a county attorney or the attorney general.
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What local regulations relate to non-governmental burial related activities?
We are unable to locate information relevant to this question at this time.
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Decision-Making
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Authorities Empowered to Make Decisions Affecting Burials
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How is a cemetery association formed in this state?
A cemetery association is a nonprofit cemetery corporation, the voting members of which are the owners of burial spaces in the cemetery owned and operated by the association.
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Who has the right to conduct archaeological field excavations?
Section 227-C:4 Historic Preservation Functions
The Division of Historical Resources shall be charged with developing an ongoing program of historical, architectural and archeological research and development to include continuing surveys, excavation, scientific recording, interpretation and publication of the state's historical, architectural, archeological and cultural resources. The Division shall also be charged with the archaeological discovery, investigation, analysis, and disposition of human remains.
Section 227-C:7 Permits Issued for State Lands and Waters
The state, acting through the commissioner of the department of cultural resources, reserves to itself the exclusive right and privilege to conduct, or cause to be conducted, field investigations of historic resources that involve the alteration of the surface or subsurface of the resource and removal of any surface or subsurface objects.
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Who has custody rights of discovered remains?
See previous question regarding disposition of human remains and funerary artifacts.
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Who has the ownership rights of archaeological specimens or objects of cultural significance?
227-C:8 Division and Disposition of Historic Resources
The commissioner of the department of cultural resources shall be the technical custodian of all state historic resources and shall make arrangements for the allocation of any historic resources recovered from a permitted field investigation between state and private custody, the disposition of the state portion in an appropriate institution of the state as close to the place of origin as possible, preservation agreements of the portion released for private custody, any temporary loan of the historic resources to qualified persons or institutions in or out of state, and the acquisition, disposition, and placement of objects of historic importance.
The commissioner shall fairly and equitably allocate and distribute historic resources recovered from a permitted field investigation, provided that custody of isolated finds from the surface of state land, or the bottom of state waters, is granted to the discoverer when these are brought to the division for identification and evaluation. Assurances shall be made that the original discoverer of a previously unrecorded historic resource receive custody of 25 percent of the recovered material from subsequent field investigations of that resource in which he actively participates. The formula for the division of the recovered materials shall be based on the percentage of private and public capital invested in a permitted field investigation, with the respective state and private shares being determined by the ratio of public to private investment, provided that no less than 25 percent be retained by the state and no more than 75 percent be released for private custody.
Private custody of historic resources shall be governed by a preservation agreement with the state. The preservation agreement shall be in perpetuity unless rescinded or limited to a period of time by the commissioner and shall specify the catalogue numbers and descriptions of the historic resources, the responsibility of the custodian to guard and protect such materials against loss, theft, destruction, damage or deterioration, a requirement that the materials be available for reasonably convenient study by qualified persons, agencies and institutions, a provision for the bequest of the materials upon settlement of the estate, the custodian's liability to obtain written consent from the division for sale, auction, gift or trade of the collection; provided, however, any disposition of materials by sale or auction shall require that an assessment of 25 percent of the monetary value be paid to the state, and lastly, that physical possession of such materials shall revert to the state if the commissioner decides that the designated custodian is not properly caring for such materials or is not keeping them available for reasonably convenient study as required.
The right and privilege of final disposition shall be granted to the municipality of origin when that municipality requests the historic resources through its local museum, library, historical society, school, or other institution which qualifies as an appropriate institution. Notwithstanding its right and privilege of final disposition, the right and privilege of initial display or use of the historic resources for other public education activities shall be granted the municipality of origin when that municipality, through its local museum, library, historical society, school, or other institution, agrees to provide secure and fire-protected facilities for storage and exhibit.
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What rights do nonresidents of the state maintain?
We are unable to locate information relevant to this question at this time.
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What has the authority to enforce criminal or unlawful actions regarding human remains and cultural resources?
Chapter 21-M Department of Justice
The Department of Justice has authority to enforce criminal and unlawful actions regarding human remains and cultural resources.
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Who has dominion and control of state historic or archaeological resources?
Chapter 227-C Historic Preservation
The New Hampshire Division of Historical Resources has dominion and control of state historic and archaeological resources.
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Who sits on the state historical commission, and how are these members appointed?
Section 27-C:13 Establishment of a State Historical Resources Council
Membership of the State Historical Resources Council shall consist of the governor, or his designee; the director of historical resources, who shall be nonvoting members; and 9 members of the public appointed by the governor and council, at least 3 of whom shall be qualified in the field of architecture, history and archeology; and the others shall be qualified in other fields including, but not limited to, law, real estate, planning, architectural history and historic preservation.
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Who sits on the state historic preservation board and for how long?
See two previous questions.
Section 27-C:13 Establishment of a State Historical Resources Council
The public members shall serve a term of 5 years; however, on the initial appointment, 3 shall be appointed for 2 years, 2 appointed for 3 years, 2 appointed for 4 years, and 2 appointed for 5 years. Each shall serve until his successor is appointed and qualified. Any vacancy shall be filled for the unexpired term.
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Scope of Authority
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What powers and responsibilities are delegated to cemetery associations in this state?
Section 289:5 Cemetery Records
The corporate officer or designee of a cemetery corporation or town cemetery trustees charged with the responsibility of operation and administration of any cemetery under their control shall keep a record of every burial showing the date of burial and name of the person buried. Such records shall also be kept of every private burial site within a municipality by the owner of the land containing the burial site, and a copy of the information shall be supplied to the cemetery trustees who will maintain the municipal records of such sites.
Section 289:9 Use of Trust Funds
Cemetery corporations and the trust fund trustees of municipalities may take and hold funds in trust, and may apply the income of the trust to the improvement, watering, or embellishment of the cemetery, or to the care, preservation, or embellishment of any lot or its appurtenances.
Cemetery corporations holding funds in trust may establish, maintain, and operate common trust funds.
Whenever any cemetery corporation shall take and hold trust funds, such corporation shall keep in its books an account of all funds received and held by it in the same manner as required of municipalities, and the account of any such fund shall be open to inspection by any person having an interest in the proper administration of the trust.
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How are cemetery sales records kept?
Section 289:5 Cemetery Records
The corporate officer or designee of a cemetery corporation or town cemetery trustees charged with the responsibility of operation and administration of any cemetery under their control shall keep a record of every burial showing the date of burial and name of the person buried. Such records shall also be kept of every private burial site within a municipality by the owner of the land containing the burial site, and a copy of the information shall be supplied to the cemetery trustees who will maintain the municipal records of such sites.
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What power does the state have to acquire or purchase property of historic or archaeological significance?
Section 4:8-a Gifts for Historic Sites and the Community College System of New Hampshire
By executive order, the governor may authorize the department of resources and economic development to accept gifts of personal property and money that are donated for use in connection with historic sites and the buildings or structures thereon. The governor and council may, by executive order, delegate the same authority with reference to gifts to the division of historical resources, department of cultural resources, and all other provisions of this section shall apply to such gifts.
Section 12-A:10-f State Historic Sites Fund Established
There is a historic sites fund that shall be established in the office of the state treasurer. Such fund shall be the depository of all donations, gifts, and grants received from the bureau of historic sites. All moneys in such fund shall be nonlapsing and continually appropriated to the bureau of historic sites, including the principal and interest on any bonds which may be issued in the name of the state for the purpose of capital improvements to the state historic sites properties under the administration of department of resources and economic development.
The bureau may institute a promotional program to solicit and receive any gifts, grants, or donations pursuant to its duties and to deposit such gifts, grants, or donations in the state historic sites fund.
The director of the division of parks and recreation may make purchases using field purchase orders for expenditures of up to $2,000 for the bureau of historic sites operations and facilities using field purchase orders.
The commissioner of the department of resources and economic development may transfer funds between and among the appropriations for the operation of the bureau of historic sites. The commissioner shall report on a quarterly basis to the fiscal committee of the general court and the governor and council all transfers accomplished under the provisions of this section.
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How does the state manage parks and historical sites?
Chapter 12-A Department of Resources and Economic Development
Under New Hampshireís Department of Resources and Economic Development, there is a Division of Parks and Recreation that manages all state parks. Accordingly, the division of parks and recreation is given the power to protect and preserve state parks. To do so, the division is given certain powers as peace officers to enforce state laws. A director of the division of parks and recreation oversees its operations.
Section 12-A:10-e Duties of the Bureau of Historic Sites
There is a Bureau of Historic Sites that operates under New Hampshireís Parks and Recreation Division. This Bureau shall define missions and goals for the state's historic sites and ensure accountability in the ongoing stewardship responsibilities for such sites, create a comprehensive and coordinated interpretive approach for the network of state historic sites, develop operating and management plans and policies specific to the state's historic sites, enter into partnerships and provide effective management of partnerships with other agencies and ""friends'' groups connected to the state's historic sites, address the deferred maintenance of existing sites and develop a long-term maintenance plan for all state-owned historic sites, develop sustainable funding mechanisms that include state funds, earned income, and foundation and private support, build an operations team with cultural resource expertise and administrative, interpretive, and preservation experience, and work collaboratively with the division of historical resources in the department of cultural resources, in the management of the state historic sites and the development of interpretive and visitor programs for students and the general public that will build ongoing recognition and appreciation for the state's historic sites.
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What are the powers of municipal and county governments regarding park and historical sites?
We are unable to locate information relevant to this question at this time.
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How do county and municipal governments oversee cemetery property?
Section 289:6 Cemetery Trustees
Every municipality shall elect a board of cemetery trustees. Any town that has the town manager form of government may vote to not have cemetery trustees by delegating all of the duties and responsibilities of cemetery trustees to the town manager. This option may be adopted by a vote of the town meeting. Any town, with a traditional town meeting form of government, may adopt by a vote of the town meeting to have the board of selectmen serve for the term of elected office as the cemetery trustees. At any subsequent town meeting, the town may vote to reinstate the board of cemetery trustees. A new board of cemetery trustees shall be elected at the town meeting next following the vote to reinstate the board of cemetery trustees. Any town that has a municipal charter form of government may specify in its charter the procedure to be utilized for the election or appointment of cemetery trustees.
Section 289:7 Powers and Duties
Cemetery trustees in the state shall adopt bylaws and regulations for their transaction of business and for the establishment and management of all municipal cemeteries within their responsibility, prepare an annual budget indicating what support and maintenance of the municipal public cemeteries will be required out of public funds for submission to the appropriate agency of the municipality, expend all moneys raised and appropriated by the municipality for cemetery purposes, expend income from all trust funds for cemetery purposes in accordance with the conditions of each donation or bequest accepted by the municipality, and prepare deeds of cemetery lots for the governing body to sign.
Cemetery trustees may appoint a cemetery custodian or sexton who shall not be a trustee and who shall be responsible to the cemetery trustees for supervising work done in the cemeteries.
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What are the powers and duties of the state historical commission?
Section 227-C:2 State Historic Preservation Office
The division of historical resources, department of cultural resources is also known as the state historic preservation office. The director of this division is also known as the state historic preservation officer.
Section 227-C:3 Administration
The director of the division of historical resources is responsible to conduct any relations with the representatives of the federal government and the respective states with regard to matters of historic preservation. In doing so, he may employ such professional personnel and consultants as required, within budgetary limitations. The director may also organize councils to assist the division as necessary, such as, but not limited to, an advisory archeological council of professional archeologists and representatives of professional and amateur societies. Lastly, the director may employ avocational archeologists to assist in the performance of field investigations under the direct supervision of the division and to assist in information exchange and historic preservation with towns and communities.
Section 227-C:4 Historic Preservation Functions
The division of historic resources has many additional duties. It undertakes statewide surveys to identify and document historic properties. It prepares the state's historic preservation plan with the assistance of the office of energy and planning, reviewing that plan annually, and revising it accordingly. It provides information on historic properties, when appropriate, to private individuals and organizations. It accepts monies for historic preservation from public and private sources in the name of the state and utilizes these funds in accordance with their appropriation. It Provides technical and financial assistance to regional and local government agencies and private individuals and organizations involved in historic preservation activities. It acts to stimulate public interest in historic preservation. It develops program of historical, architectural and archeological research and development to include continuing surveys, excavation, scientific recording, interpretation and publication of the state's historical, architectural, archeological and cultural resources. It considers proposals to erect highway historical markers. It is responsible for the archaeological discovery, investigation, analysis, and disposition of human remains. It places objects of historic significance at locations most appropriate to their conservation and interpretive needs. It advises legislative committees and executive departments on the conservation needs of state-owned objects of historic significance. And lastly, it administers the state heritage landmark designation review process.
227-C:8 Division and Disposition of Historic Resources
The commissioner of the department of cultural resources shall be the technical custodian of all state historic resources and shall make arrangements for the allocation of any historic resources recovered from a permitted field investigation between state and private custody, the disposition of the state portion in an appropriate institution of the state as close to the place of origin as possible, preservation agreements of the portion released for private custody, any temporary loan of the historic resources to qualified persons or institutions in or out of state, and the acquisition, disposition, and placement of objects of historic importance.
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How does the state historical commission register or include historical property?
Section 227-C:24 Review Process Established; Purpose
The director of the division of historical resources administers a review process to ensure the protection of historical property and New Hampshire heritage landmarks.
Section 227-C:25 Designation as Heritage Landmark
As of July 1, 1993, all National Historic Landmarks owned by the state of New Hampshire became designated as New Hampshire heritage landmarks.
Property owners can nominate properties to the State Register by submitting a completed inventory form for the resource to the Division of Historical Resources. Forms and directions are available by contacting NHDHR or from the Division's web site. They can be prepared by property owners or by a consulting architectural historian or archeologist at the owner's request. NHDHR staff then review the nominations and make suggestions for editorial changes or additional research. If the property meets the State Register criteria and the inventory form is complete, the NHDHR recommends the property for listing to the State Historical Resources Council. The Council, composed of professionals in the fields of American history, architectural history, architecture, prehistoric and historic archeology and other related disciplines, meets quarterly and gives final approval to all nominations.
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What are the powers and duties of the state archaeological commission?
We are unable to locate information relevant to this question at this time. There is a state archaeological bureau which operates under the division of historic resources, but little information is available regarding its powers and duties.
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How is the rehabilitation and preservation of historic property conducted?
Changes to properties listed in the State Register
Any change to a historic property that harms or destroys its significant historic fabric may be grounds for removing that property from the State Register. These types of changes can include moving a building, replacing a building's most significant historic building materials with unsympathetic materials, or the destruction of its most important historical attributes, such as the subdivision of a farm's agricultural fields and the subsequent construction modern housing. The degree of harm a change can cause depends on the reason why the property was listed on the Register, and each case must be reviewed individually.
On the other hand, changes to a property once judged to be ineligible for the State Register could render it eligible, such as the removal of modern building materials from a commercial storefront and the restoration of its original facade.
Secretary of Interior's Standards for Rehabilitation
The specific guidelines for rehabilitation and preservation of historic property are vague. The Division of Historic Resources lists the Secretary of Interiorís standards which appear to be adopted by the division.
Accordingly, rehabilitation may be considered as a treatment when repair and replacement of deteriorated features are necessary; when alterations or additions to the property are planned for a new or continued use; and when its depiction at a particular period of time is not appropriate. Prior to undertaking work, a documentation plan for rehabilitation should be developed.
A property should be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships. The historic character of a property should be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property should be avoided. Each property should be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other buildings, should not be undertaken. Changes to a property that have acquired historic significance in their own right should be retained and preserved. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property should be preserved. Deteriorated historic features should be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature should match the old in design, color, texture, and, where possible, materials. Replacement of missing features should be substantiated by documentary and physical evidence. Chemical or physical treatments, if appropriate, should be undertaken using the gentlest means possible. Treatments that cause damage to historic materials should not be used. Archaeological resources should be protected and preserved in place. If such resources must be disturbed, mitigation measures should be undertaken. New additions, exterior alterations, or related new construction should not destroy historic materials, features, and spatial relationships that characterize the property. The new work should be differentiated from the old and should be compatible with the historic materials, features, size, scale and proportion, and massing, to protect the historic integrity of the property and its environment. New additions and adjacent or related new construction should be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
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What specific historic or cultural properties are regulated by the stateís historical commission?
We are unable to locate information relevant to this question at this time.
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Special Funding Sources
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Special Funding for Protection and Preservation of Burials
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How is the income from cemetery land to be used and dispersed in this state?
We are unable to locate information relevant to this question at this time.
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How is a state historic acquisition and preservation fund administered?
Section 12-A:10-f State Historic Sites Fund Established
There is a historic sites fund established in the office of the state treasurer. Such fund is the depository of all donations, gifts, and grants received from the bureau of historic sites. All moneys in such fund are nonlapsing and continually appropriated to the bureau of historic sites, including the principal and interest on any bonds which may be issued in the name of the state for the purpose of capital improvements to the state historic sites properties under the administration of department of resources and economic development.
The bureau may institute a promotional program to solicit and receive any gifts, grants, or donations pursuant to its duties and to deposit such gifts, grants, or donations in the state historic sites fund.
The director of the division of parks and recreation may make purchases using field purchase orders for expenditures of up to $2,000 for the bureau of historic sites operations and facilities using field purchase orders.
The commissioner of the department of resources and economic development may transfer funds between and among the appropriations for the operation of the bureau of historic sites. The commissioner shall report on a quarterly basis to the fiscal committee of the general court and the governor and council all transfers accomplished under the provisions of this section.
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How are trust funds for the maintenance of cemeteries established and administered?
Section 289:7 Powers and Duties
Cemetery trustees in the state shall prepare an annual budget indicating what support and maintenance of the municipal public cemeteries will be required out of public funds for submission to the appropriate agency of the municipality. Trustees shall expend all moneys raised and appropriated by the municipality for cemetery purposes and expend income from all trust funds for cemetery purposes in accordance with the conditions of each donation or bequest accepted by the municipality.
Section 289:9 Use of Trust Funds
Cemetery corporations and the trust fund trustees of municipalities may take and hold funds in trust, and may apply the income of the trust to the improvement, watering, or embellishment of the cemetery, or to the care, preservation, or embellishment of any lot or its appurtenances.
Cemetery corporations holding funds in trust may establish, maintain, and operate common trust funds.
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How are state historic archives maintained?
The state Heritage Collection Committee oversees historic archives. The committee shall consist of 11 members: the governor or designee; a representative appointed by the speaker of the house; a senator appointed by the president of the senate; the commissioner of the department of cultural resources or designee; the commissioner of administrative services or designee; the chairman of the joint legislative historical committee; the director of the division of arts, department of cultural resources; the director of the division of parks and recreation, department of resources and economic development; the state archeologist; the state archivist, division of archives and records management; and the state curator.
Section 227-C:22 Committee Duties and Authority
The committee shall administer and enforce the collections policy established by the committee created in 1990, for objects of historical, cultural, or artistic value, and recommend legislation as needed to implement this policy. The committee shall continue to study the existing collections policy and recommend legislation necessary to more effectively administer this policy. The committee shall provide guidelines to all branches of state government relative to the acquisition, disposal, care and interpretation of historical, cultural and artistic objects. The committee shall cooperate with other New Hampshire institutions and collecting agencies relative to the acquisition, disposal, care, and interpretation of historical, cultural and artistic objects.
Section 5:27 Division Established
There shall be a division of archives and records management in the department of state, under the executive direction of the state archivist.
Section 5:28 Appointment of Director
The secretary of state, with the approval of governor and council, shall appoint the director of the division of archives and records management, who shall be known as the state archivist and who shall be an unclassified state employee. The director shall have a minimum of a master's degree in library science or history or 10 years prior experience as an archivist or experience in a related field. The term of office for the state archivist shall be for 4 years
Section 5:30 Duties of Director
The director of the division of archives and records management shall establish standards, procedures, and techniques for effective management of state records, establish standards for the preparation of schedules providing for the retention of state records of continuing value and for the prompt and orderly disposal of state records no longer possessing sufficient administrative, legal, or fiscal value to warrant their further keeping, and establish standards and formulate procedures for the transfer of records having permanent and historical value to the archives. He shall also make continuing surveys of paperwork operations and recommend improvements in current records management practices including the use of space, equipment, and supplies employed in creating, maintaining, storing, and servicing records and collect, arrange, transcribe, and cause to be printed such portions of the early state and provincial records as he may deem expedient in such style, form, and printed quality as he may determine. He shall establish and maintain a central microfilming laboratory and establish micrographic standards for public records.
He must also maintain a descriptive inventory and photographic reproduction collection of all portraits and artifacts that belong to the state, maintain, publish, and edit documents which encourage the study of the history of New Hampshire and its constitution through its documented and artifactual heritage. Lastly, he shall determine which records deposited at the records center shall be microfilmed, and determine the original records to be destroyed upon review and approval of the microfilm of such records.
Section 5:42 State Historical Records Advisory Board Established
In addition to the state archivist, there is a state historical records advisory board composed of the state archivist who shall be chairman of the state historical records advisory board and at least 7 members to be appointed by the governor and council. The term of office for each of said appointed members shall be for 3 years.
The state historical records advisory board shall serve as a central advisory body for historical records, planning for projects developed and carried out under the program established under New Hampshireís record preservation policy and in compliance with the National Historical Publications and Records Commission.
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How may the state enter into private contracts for recovering and preserving historical artifacts?
227-C:8 Division and Disposition of Historic Resources
Private custody of historic resources shall be governed by a preservation agreement with the state. The preservation agreement shall be in perpetuity unless rescinded or limited to a period of time by the commissioner and shall specify the catalogue numbers and descriptions of the historic resources, the responsibility of the custodian to guard and protect such materials against loss, theft, destruction, damage or deterioration, a requirement that the materials be available for reasonably convenient study by qualified persons, agencies and institutions, a provision for the bequest of the materials upon settlement of the estate, the custodian's liability to obtain written consent from the division for sale, auction, gift or trade of the collection; provided, however, any disposition of materials by sale or auction shall require that an assessment of 25 percent of the monetary value be paid to the state, and lastly, that physical possession of such materials shall revert to the state if the commissioner decides that the designated custodian is not properly caring for such materials or is not keeping them available for reasonably convenient study as required.
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What funding exists for state historical education efforts?
Section 227-C:10 Avocational Archeological Training and Certification
The division of historic resources shall provide a means for training nonprofessional persons in technical archeological skills and shall acknowledge the achievement of those who have reached prescribed levels of proficiency in various aspects of archeology. The individuals shall be encouraged to participate in field investigations authorized by the commissioner and supervised by the division. Certification is not to be misconstrued as an authorization to collect or excavate without a permit.
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What funding exists for state museumsí scientific services?
We are unable to locate information relevant to this question at this time.
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Special Funding for Public Lands
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What special funding sources are there for protection and preservation of burials on public lands?
We are unable to locate information relevant to this question at this time.
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Special Funding for Private Lands
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What special funding sources are there for protection and preservation of burials on private lands?
We are unable to locate information relevant to this question at this time.
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State Recognition of Constituent Groups
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Laws Recognizing or Acknowledging Constituent Groups
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What laws are there recognizing or acknowledging constituent groups?
There is currently proposed legislation to create a New Hampshire Commission on Native American Affairs which would be given the power to grant tribal status. The proposed act can be located here.
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What tribes are recognized by the state?
Currently there are no federally or state recognized Indian tribes in New Hampshire.
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Are the state-recognized tribes different from the federally-recognized tribes in the state?
Currently there are no federally or state recognized Indian tribes in New Hampshire.
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Compliance Laws
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What laws are there related to compliance with recognition or acknowledgement of constituent groups?
We are unable to locate information relevant to this question at this time.
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Regulatory Laws
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What laws are there related to regulation of recognition or acknowledgment of constituent groups?
We are unable to locate information relevant to this question at this time.
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Decision-Making Authorities
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What notice and consultation with tribes is required for discoveries of Native American human remains, burial places, and funerary objects?
Section 227-C:8-d Consultation With Native American Community
After discovery of human remains, if the professional archaeologist determines that the human remains are Native American and the remains are known to have affinity to federally recognized Indian tribes or specific living ethnic groups or other nonfederally recognized Indian groups, the state archaeologist shall immediately notify the leaders, officials, or spokespersons for these tribes or groups wherever the appropriate tribes or groups are located, whether in or outside the state of New Hampshire. The state archaeologist shall consult with such persons who respond in a timely fashion in the determination of the most appropriate treatment for the interments. Within 4 weeks of the notification, the appropriate Indian tribe or group shall communicate in writing to the state archaeologist its concerns with regard to the treatment of interment and ultimate disposition of the Native American remains. Within 90 days of the receipt of the concerns, the state archaeologist, with the approval of the principal official or officials of the Indian group or tribe, shall prepare a written agreement concerning the treatment and ultimate disposition of the Native American remains. The written agreement shall include the following:
(a) Designation of a qualified skeletal analyst to work on the skeletal remains;
(b) The type of analysis and the specific period of time to be provided for analysis of the skeletal remains;
(c) The timetable for written progress reports and the final report concerning the analysis to be provided to the state archaeologist by the skeletal analyst and the professional archaeologist; and
(d) A plan for ultimate disposition of Native American remains subsequent to the completion of adequate analysis.
If no agreement is reached within 90 days, the state historic preservation officer and commissioner shall determine the terms of the agreement.
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How are Indian sacred sites regulated?
We are unable to locate information relevant to this question at this time.
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Is there a state Indian Affairs Commission or Equivalent?
We are unable to locate information relevant to this question at this time.
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How is the state Indian Affairs Commission or equivalent composed?
We are unable to locate information relevant to this question at this time.
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What are the powers and duties of the state Indian Affairs Commission?
We are unable to locate information relevant to this question at this time.
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Is there a state Indian cultural heritage commission?
We are unable to locate information relevant to this question at this time.
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Special Funding
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What special funding sources are there for state recognition or acknowledgement of constituent groups?
We are unable to locate information relevant to this question at this time.
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