Vermont 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?
Unauthorized removal of human remains, 13 V.S.A. § 3761
It is a felony to intentionally and without authority excavate, disinter, remove or carry away human remains which are interred or entombed in the state, or any object interred or entombed with such human remains. It is also a crime to knowingly aid in such excavation, disinterring, removal or carrying away, or to be an accessory thereto. The punishment for these felonies is imprisonment of up to 15 years and/or a fine of up to $10,000.
State Lands – Penalty, 22 V.S.A. §791
It is a misdemeanor to appropriate, deface, destroy or otherwise alter any archaeological site or specimen located on or under state lands, including within the boundaries of a designated state archaeological landmark, without a permit issued by the state historic preservation officer. The punishment for this offense is a fine of up to $1,000 and/or imprisonment of up to six months. Furthermore, a person found guilty of this crime must forfeit to the state all specimens, objects and materials collected or excavated from state lands, along with all related photographs and records.
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What is the criminal liability for unlawfully selling or purchasing human remains and funerary objects?
Cemeteries and Monuments – Grave Markers and Ornaments, 13 V.S.A. § 3766
It is a felony to buy, sell or barter an ornament, token, flag holder or emblem which has been used to decorate, mark or distinguish the grave or tomb of a deceased person. It may be a defense to prosecution that the seller, purchaser or barterer of such item did not gain possession through unlawful means. This must be proven by the preponderance of the evidence. The punishment for this offense is imprisonment of up to five years and/or a fine of up to $5,000.
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What is the criminal liability for unlawfully taking or possessing human remains and funerary objects?
Unauthorized removal of human remains, 13 V.S.A. § 3761
It is a felony to intentionally and without authority excavate, disinter, remove or carry away human remains which are interred or entombed in the state, or any object interred or entombed with such human remains. It is also a crime to knowingly aid in such excavation, disinterring, removal or carrying away, or to be an accessory thereto. The punishment for these felonies is imprisonment of up to 15 years and/or a fine of up to $10,000.
Cemeteries and Monuments – Grave markers and historic tablets, 13 V.S.A. § 3764
It is a felony to intentionally and without authority excavate, steal, remove, injure or destroy a gravestone or monument erected to the memory of a deceased person. This includes graves, tombs and burial sites. It is also a felony to excavate, steal, remove, injure or destroy any monument, tablet or marker erected for the commemoration of a historical event or erected by a historical association or society. The penalty for this crime is up to five years’ imprisonment and/or a fine of up to $5,000.
Cemeteries and Monuments – Grave markers and Ornaments, 13 V.S.A. §§ 3766, 3767
It is a felony to steal or intentionally and without authority remove, break down, injure or destroy an ornament, token, flag holder or emblem used to decorate, mark or distinguish the grave or tomb of a deceased person. The punishment for this offense is imprisonment of up to five years and/or a fine of up to $5,000.
It is a misdemeanor to steal or intentionally and unlawfully remove, break down, injure or destroy flowers, trees or any other plant matter used to decorate, mark or distinguish any cemetery property, including the grave or tomb of a deceased person. The punishment for this crime is imprisonment of up to one year and/or a fine of up to $500.
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What is the criminal liability for unlawfully disturbing human remains and funerary objects?
Unauthorized removal of human remains, 13 V.S.A. § 3761
It is a felony to intentionally and without authority excavate, disinter, remove or carry away human remains which are interred or entombed in the state, or any object interred or entombed with such human body or remains. It is also a felony to knowingly aid or be an accessory to such actions. The punishment for these felonies is imprisonment of up to 15 years and/or a fine of up to $10,000.
Cemeteries and Monuments – Grave markers and historic tablets, 13 V.S.A. § 3764
It is a felony to intentionally and without authority excavate, steal, remove, injure or destroy a gravestone or monument erected to the memory of a deceased person. This includes graves, tombs and burial sites. It is also a felony to excavate, steal, remove, injure or destroy any monument, tablet or marker erected for the commemoration of a historical event or by a historical association or society. The penalty for this crime is up to five years’ imprisonment and/or a fine of up to $5,000.
Cemeteries and Monuments – Grave markers and Ornaments, 13 V.S.A. §§ 3766, 3767
It is a felony to steal or intentionally and without authority remove, break down, injure or destroy an ornament, token, flag holder or emblem used to decorate, mark or distinguish the grave or tomb of a deceased person. The punishment for this offense is imprisonment of up to five years and/or a fine of up to $5,000.
It is a misdemeanor to steal or intentionally and unlawfully remove, break down, injure or destroy flowers, trees or any other plant matter used to decorate, mark or distinguish any cemetery property, including the grave or tomb of a deceased person. The punishment for this crime is imprisonment of up to one year and/or a fine of up to $500.
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What is the criminal liability for defacing or destroying historical or archaeological sites?
Cemeteries and Monuments – Grave markers and historic tablets, 13 V.S.A. § 3764
It is a felony to intentionally and without authority excavate, steal, remove, injure or destroy a gravestone or monument erected to the memory of a deceased person. This includes graves, tombs and burial sites. It is also a felony to excavate, steal, remove, injure or destroy any monument, tablet or marker erected for the commemoration of a historical event or by a historical association or society. The penalty for this crime is up to five years’ imprisonment and/or a fine of up to $5,000.
State Lands – Penalty, 22 V.S.A. §791
It is a misdemeanor to appropriate, deface, destroy or otherwise alter any archaeological site or specimen located on or under state lands, including within the boundaries of a designated state archaeological landmark, without a permit issued by the state historic preservation officer. The punishment for this offense is a fine of up to $1,000 and/or imprisonment of up to six months. Furthermore, a person found guilty of this crime must forfeit to the state all specimens, objects and materials collected or excavated from state lands, along with all related photographs and records.
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What is the criminal liability for unlawfully reproducing historic or archaeological artifacts?
Simulating objects of antiquity or rarity, 13 V.S.A. § 2023
It is a misdemeanor to make or alter any object so that it appears to have value because of its antiquity, rarity, source or authorship which it does not possess.In order to be found guilty of this crime, the perpetrator must have had the intent to defraud someone or the knowledge that he is facilitating a fraud. Punishment for this crime is imprisonment for up to one year and/or a fine of up to $1,000.
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What is the criminal liability for unlawfully destroying tombs, monuments or gravestones?
Cemeteries and Monuments – Grave markers and historic tablets, 13 V.S.A. § 3764
It is a felony to intentionally and without authority excavate, steal, remove, injure or destroy a gravestone or monument erected to the memory of a deceased person. This includes graves, tombs and burial sites. It is also a felony to excavate, steal, remove, injure or destroy any monument, tablet or marker erected for the commemoration of a historical event or by a historical association or society. The penalty for this crime is up to five years’ imprisonment and/or a fine of up to $5,000.
Cemeteries and Monuments – Grave markers and Ornaments, 13 V.S.A. §§ 3766, 3767
It is a felony to steal or intentionally and without authority remove, break down, injure or destroy an ornament, token, flag holder or emblem used to decorate, mark or distinguish the grave or tomb of a deceased person. The punishment for this offense is imprisonment of up to five years and/or a fine of up to $5,000.
It is a misdemeanor to steal or intentionally and unlawfully remove, break down, injure or destroy flowers, trees or any other plant matter used to decorate, mark or distinguish any cemetery property, including the grave or tomb of a deceased person. The punishment for this crime is imprisonment of up to one year and/or a fine of up to $500.
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What is the criminal liability for unlawfully taking or possessing monuments or gravestones?
Cemeteries and Monuments – Grave markers and historic tablets, 13 V.S.A. § 3764
It is a felony to intentionally and without authority excavate, steal, remove, injure or destroy a gravestone or monument erected to the memory of a deceased person. This includes graves, tombs and burial sites. It is also a felony to excavate, steal, remove, injure or destroy any monument, tablet or marker erected for the commemoration of a historical event or by a historical association or society. The penalty for this crime is up to five years’ imprisonment and/or a fine of up to $5,000.
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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?
Cemeteries and Monuments – Grave markers and Ornaments, 13 V.S.A. §§ 3766, 3767
It is a felony to steal or intentionally and without authority remove, break down, injure or destroy an ornament, token, flag holder or emblem used to decorate, mark or distinguish the grave or tomb of a deceased person. The punishment for this offense is imprisonment of up to five years and/or a fine of up to $5,000.
It is a misdemeanor to steal or intentionally and unlawfully remove, break down, injure or destroy flowers, trees or any other plant matter used to decorate, mark or distinguish any cemetery property, including the grave or tomb of a deceased person. The punishment for this crime is imprisonment of up to one year and/or a fine of up to $500.
Cemeteries and Monuments – Grave markers and historic tablets, 13 V.S.A. § 3764
It is a felony to intentionally and without authority excavate, steal, remove, injure or destroy a gravestone or monument erected to the memory of a deceased person. This includes graves, tombs and burial sites. It is also a felony to excavate, steal, remove, injure or destroy any monument, tablet or marker erected for the commemoration of a historical event or by a historical association or society. The penalty for this crime is up to five years’ imprisonment and/or a fine of up to $5,000.
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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?
Grand larceny, 13 V.S.A. § 2501
A person who steals from the possession of another, other than from his or her person, money or real or personal property worth $900 or more is guilty of grand larceny. The punishment for this crime is up to 10 years’ imprisonment and/or a fine of up to $5,000.
Petit larceny, 13 V.S.A. § 2502
A person who steals from the possession of another, other than from his or her person, money or real or personal property worth less than $900 is guilty of petit larceny. The punishment for this offense is imprisonment for up to one year and/or a fine of up to $1,000.
Taking parcel of realty, 13 V.S.A. § 2504
It is a felony to trespass with intent to steal, and take anything of value which is part of or annexed to the realty and property of another. The punishment for this crime is imprisonment for up to 10 years and/or a fine of up to $500.
Disposition of property upon arrest for larceny or robbery, 13 V.S.A. § 2506
The officer arresting a person charged for larceny or robbery shall secure the allegedly stolen property. Upon conviction of such person for larceny or robbery, the property shall be returned to the owner.
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What are the general state laws for receiving stolen property?
Penalty for receiving stolen property, 13 V.S.A. § 2561
A person who buys, receives, sells, possesses or aids in the concealment of stolen property shall be punished the same as for the stealing of such property. Such person is not guilty if he possesses the property with the intent to restore it to the owner. The person charged must have known that the property was stolen in order to be found guilty, unless he is a dealer in property, in which case it is also sufficient that he believed the property was stolen.
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What are the general state criminal laws for unlawful trespass?
Unlawful trespass, 13 V.S.A. § 3705
It is a misdemeanor to enter or remain on the land or other real property of another without lawful authority or consent of the person in lawful possession if notice against trespass is given by the person in lawful possession, that person’s agent or a law enforcement officer acting on behalf of such person or agent; or by signs or placards which are situated as to give reasonable notice. Punishment for this crime is imprisonment for up to three months and/or a fine of up to $500.
It is a misdemeanor to enter a building other than a residence whose normal access is locked, or a residence in violation of a court order. The punishment for this offense is imprisonment of up to a year and/or a fine of up to $500.
It is a felony to enter a dwelling house, whether or not a person is present, with the knowledge that the entry is not licensed or privileged. Punishment for this offense is imprisonment of up to three years and/or a fine of up to $2,000.
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What are the general state criminal laws for mischief?
Unlawful mischief, 13 V.S.A. § 3701
A person who intentionally destroys property which she has no right to do so and no reasonable grounds to believe she has such a right is guilty of a crime. If the value of the damaged property exceeds $1,000, that person is guilty of a felony and shall be punished with imprisonment of up to 5 years and/or a fine of up to $5,000. If the value of the property exceeds $250, that person is guilty of a misdemeanor and the punishment is up to one year’s imprisonment and/or a fine of up to $1,000. If the value of the property does not exceed $250, the punishment shall be imprisonment of up to six months and/or a fine of up to $500. If the damage is done using an explosive, the crime shall be a felony and the punishment shall be imprisonment of up to five years and/or a fine of up to $5,000.
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What are the general state criminal laws for damage to property?
Unlawful mischief, 13 V.S.A. § 3701
A person who intentionally destroys property which she has no right to do so and no reasonable grounds to believe she has such a right is guilty of a crime. If the value of the damaged property exceeds $1,000, that person is guilty of a felony and shall be punished with imprisonment of up to 5 years and/or a fine of up to $5,000. If the value of the property exceeds $250, that person is guilty of a misdemeanor and the punishment is up to one year’s imprisonment and/or a fine of up to $1,000. If the value of the property does not exceed $250, the punishment shall be imprisonment of up to six months and/or a fine of up to $500. If the damage is done using an explosive, the crime shall be a felony and the punishment shall be imprisonment of up to five years and/or a fine of up to $5,000.
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What are the general state criminal laws for hate crimes?
Hate-motivated crimes, 13 V.S.A. § 1455
If a person who commits, causes to be committed or attempts to commit any crime is motivated by the victim’s actual or perceived race, color, religion, national origin, sex, ancestry, age, service in the armed forces of the United States, handicap, sexual orientation or gender identity, the punishment for such crime may increase as follows. If the maximum penalty for the underlying crime is one year or less, the punishment shall be imprisonment of up to two years and/or a fine of up to $2,000. If the maximum penalty for the underlying crime is more than one year but less than five years, the punishment shall be imprisonment of up to five years and/or a fine of up to $10,000. If the penalty for the underlying crime is five years or more, the punishment shall be the same as the underlying crime, but the court shall consider the motivation of the defendant in sentencing.
Burning of cross or other religious symbol, 13 V.S.A. § 1456
It is a misdemeanor to intentionally and maliciously set fire to, burn or aid in the burning of a cross or other religious symbol with the intent to terrorize or harass a particular person or group of people. The punishment shall be imprisonment of up to two years and/or a fine of up to $5,000.
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Acts Prohibited by Law and Subject to Civil or Administrative Sanctions
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How is the excavation of historical and archaeological resources restricted in this state?
Permits for exploration, 22 V.S.A. § 764
Any excavation or field investigation on public lands or within a state archaeological landmark requires a permit from the state historic preservation officer. The historic preservation officer determines whether the applicant is properly qualified for such an activity. If a permit is issued, the permitee must provide a summary report of his or her activities, including any relevant maps, documents, drawings or photographs, to the division for historic preservation. All specimens collected under the permit remain property of the state, and the state archaeologist makes arrangements for their disposition in qualified institutions.
Penalty, 22 V.S.A. §791
Any person who conducts field investigations on state land or state archaeological landmarks without a permit, or appropriates, defaces, destroys or otherwise alters an archaeological site or specimen on state lands or on a state archaeological landmark shall be fined up to $1,000 and/or imprisoned for six months. That person shall also forfeit to the state any specimens, objects or materials excavated, along with all photographs and records.
How is the collection or removal of historic and archaeological resources restricted in this state?
Permits for exploration, 22 V.S.A. § 764
Any excavation or field investigation on public lands or within a state archaeological landmark requires a permit from the state historic preservation officer. The historic preservation officer determines whether the applicant is properly qualified for such an activity. If a permit is issued, the permitee must provide a summary report of his or her activities, including any relevant maps, documents, drawings or photographs, to the division for historic preservation. All specimens collected under the permit remain property of the state, and the state archaeologist makes arrangements for their disposition in qualified institutions.
Penalty, 22 V.S.A. §791
Any person who conducts field investigations on state land or state archaeological landmarks without a permit, or appropriates, defaces, destroys or otherwise alters an archaeological site or specimen on state lands or on a state archaeological landmark shall be fined up to $1,000 and/or imprisoned for six months. That person shall also forfeit to the state any specimens, objects or materials excavated, along with all photographs and records.
What specific laws restrict the alienation or use of historic burial places?
Rule against perpetuities, 18 V.S.A. § 5307
A trust having the purpose of or related to creating a cemetery or property used or intended to be used for the permanent disposition of the dead shall not be invalid on the basis of indefiniteness as to the termination thereof, nor by the rule against perpetuities.
Transfer of state property, 22 V.S.A. § 765
When transferring property under its jurisdiction that contains significant archaeological, aboriginal or anthropological resources, the state may condition the transfer on covenants, deed restrictions or other contracts that will limit the future use of the property to protect those resources.
Reservation of lands to be sold, 22 V.S.A. § 766
The head of a state agency must reserve from sale any state lands on which the state historic preservation officer has given notice that historic sites or artifacts are or may be located. The reservation is confined only to the actual lands on which the sites or artifacts are or may be located. Once the lands are explored and excavated to the extent desired by the state archaeologist, the head of the agency may release the lands and permit their sale.
Duties and powers of division and state historic preservation officer, 22 V.S.A. § 723
When the division conveys or leases historic property back to its original owner or any other person, the transfer must be accompanied by covenants, deed restrictions or other contractual agreements that limit the future use of the property to ensure its preservation. When historic property is conveyed, the conveyance must be subject to rights of access, public visitation, and other conditions or restriction of operation, maintenance, restoration and repair that the division finds necessary. If the division wants to dispose of historical property in fee simple, it must get approval from the general assembly.
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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?
Limitation of prosecution for certain felonies, 13 V.S.A. § 4501
Prosecutions for grand larceny, burglary and forgery must be commenced within six years after the commission of the crime. Prosecutions for arson must be commenced within eleven years after the commission of the crime. Prosecutions for all other felonies and misdemeanors must be commenced within three years from the commission of the crime.
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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?
Civil action, 12 V.S.A. § 511
A civil action must be commenced within six years after the cause of action accrues, unless otherwise provided or brought upon the judgment or decree of the United States or of this or another state.
Recovery of lands, 12 V.S.A. § 501
An action to recover possession of lands must be commenced within fifteen years of the accrual of the cause of action.
Assault and battery; false imprisonment; slander and libel, injuries to person or property, 12 V.S.A. § 512.
An action for assault and battery, false imprisonment, slander and libel, certain injuries to the person and damage to personal property suffered by the act or default of another must be commenced within three years after the accrual of the cause of action.
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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?
Felonies and misdemeanors defined, 13 V.S.A. § 1
Any crime whose maximum term of imprisonment is more than two years, for life or which may be punishable by death is a felony. Any other offense is a misdemeanor.
What are the class designations for misdemeanors and felonies in this state?
Felonies and misdemeanors defined, 13 V.S.A. § 1
Any crime whose maximum term of imprisonment is more than two years, for life or which may be punishable by death is a felony. Any other offense is a misdemeanor.
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Civil or Administrative
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What are the civil sanctions related to burial protection in the state?
Civil action, 13 V.S.A. § 3769
A person who violates a provision of sections 3764-3766 of this title shall be liable in a civil action for damages and reasonable attorney's fees. Such civil action may be brought by the owner of the injured property, on behalf of the town in which the burial ground is located, in the name of the association or corporation which holds lawful possession of the burial ground, in the name of the surviving heirs or descendants of the deceased person in whose memory the monument was erected or whose tomb was damaged, or by the historical society which erected the monument, tablet or marker.
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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?
Rule against perpetuities, 18 V.S.A. § 5307
A trust having the purpose of or related to creating a cemetery or property used or intended to be used for the permanent disposition of the dead shall not be invalid on the basis of indefiniteness as to the termination thereof, nor by the rule against perpetuities.
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How can the state exercise eminent domain over a cemetery or historic property?
Public use of cemetery for other purposes, 18 V.S.A. § 5318
A public highway or railroad shall not be laid through a cemetery or burial ground without consent of the town, association or general assembly. No portion of a cemetery or burial ground shall be taken for public use without consent of the general assembly.
Taking burial grounds, condemnation, 30 V.S.A. § 118
A public service corporation may, when necessary, acquire or flood land used as or set aside for use as a cemetery or burial ground, or acquire an easement or limited right in such land. It will be deemed necessary when the land is necessary so that the corporation may render adequate service to the public in conduct of its business, or that it may build and maintain its storage basins, dams, power houses or lines. In that case, the corporation shall condemn the land as provided in Chapter 3 of Title 30.
Notice to municipality, 30 V.S.A. § 119
Notice of eminent domain proceedings shall be given to the municipality in which the cemetery or burial ground is located, and that municipality shall be a party to all proceedings.
Removal of remains, 30 V.S.A. § 120
The remains in such cemetery shall be removed by the selectmen or board of cemetery commissioners and interred in a suitable cemetery after final judgment and before the exercise of any rights of eminent domain.
Notice to kindred, 30 V.S.A. § 121
The selectmen or board of cemetery commissioners shall give 30 days' notice to relatives of the deceased living in the state, and 60 days' notice to relatives living outside of the state, before the removal of any remains pursuant to an exercise of eminent domain over a cemetery or burial ground.
Headstones or monuments erected, 30 V.S.A. § 122
The selectmen or board of cemetery commissioners shall remove and re-erect any existing headstones or monuments to the memory of the deceased. Permanent markers shall be provided to designate the place of reinterment of any not previously marked.
Expense, 30 V.S.A. § 123
The entire expense of whatever land necessary for the reinterment of such remains and the costs of removal and re-erection of headstones and monuments shall be paid by the corporation acquiring such burial ground.
Appeal, 30 V.S.A. § 124
A party who feels himself or herself aggrieved by a decision of the board of public service may appeal to the supreme court, at which time the execution of the judgment shall be suspended. The supreme court may vacate the suspension as justice and equity require.
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What is the procedure for abandoning burial grounds or cemetery lots?
Removal, 18 V.S.A. § 5369
When it is impracticable to maintain a public burial ground in proper condition, the selectmen may remove the remains and inter them in a more suitable public burial ground.
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What is the procedure for removing or replacing headstones?
Repair; expense; notice, 18 V.S.A. § 5362
When headstones or monuments in a town cemetery become displaced or out of repair, the selectmen or cemetery commissioners must repair or replace the headstones or monuments. The selectmen or commissioners may use money from the town treasury for this purpose, as long as that money does not exceed $500 per year. The selectmen or commissioners must notify the relatives of the deceased of the date of the removal, and allow the relatives to claim the removed headstone or monument within 30 days.
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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?
Public use of cemetery for other purposes, 18 V.S.A. § 5318
A highway or railroad cannot be built through a cemetery without consent of the town, cemetery association or general assembly. No part of a cemetery can be taken for public use without consent from the general assembly.
Cooperation between agencies, 22 V.S.A. § 767
When a state, regional or municipal agency finds out or is notified that any public construction or public works project may adversely affect scientific, historical or archaeological data, it must notify the state archaeologist. The state archaeologist must then conduct a survey on the affected area and recover and preserve, or otherwise protect, scientific, historical or archaeological data. The agency conducting the public works project must pay the expenses of the survey and the recovery of the data.
Duties and powers of the council, 22 V.S.A. § 742
The head of any agency which has jurisdiction over a state project must take into account possible effects on property listed on the state or national register. Prior to starting a project which may damage a listed historical property, the head of the agency must give the Council reasonable opportunity to comment on the project.
Cooperation of agencies, 22 V.S.A. § 743
An agency, department, division, or commission must:
consult the Advisory Council on Historic Preservation before demolishing, altering or transferring any property which may have historical, architectural or cultural significance;
submit its annual capital improvement plan to the Council;
initiate measures to provide for the preservation rehabilitation or restoration of any properties under its ownership which are listed on the state or national registers of historic places;
develop plans for the maintenance and rehabilitation of any historic properties under its ownership, so long as these plans are not an unreasonable economic burden; and
ensure that its plans and programs contribute to the preservation and enhancement of sites and objects of historical, architectural, archaeological or cultural significance.
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What are the procedures excavating or removing remains or archaeological resources on public lands?
Permits for exploration, 22 V.S.A. § 764
Any excavation or field investigation on public lands or within a state archaeological landmark requires a permit from the state historic preservation officer. The historic preservation officer determines whether the applicant is properly qualified for such an activity. If a permit is issued, the permitee must provide a summary report of his or her activities, including any relevant maps, documents, drawings or photographs, to the division for historic preservation. All specimens collected under the permit remain property of the state, and the state archaeologist makes arrangements for their disposition in qualified institutions.
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What are the procedures for excavating or removing remains or archaeological resources on private land?
Designation of archaeological sites, 22 V.S.A. § 763
With the approval of the state historic preservation officer, the state archaeologist may designate an archaeological site a “state archaeological landmark.” The site must be of significance either to the scientific study or public representation of the state’s historical, prehistorical or aboriginal past. All state agencies shall cooperate to protect state archaeological landmarks on state land. State archaeological landmarks on private land must have consent of the owner of the land before they are designated as landmarks. No person may conduct field activities on a designated state archaeological landmark without first receiving a permit from the historic preservation officer.
Permits for exploration, 22 V.S.A. § 764
If remains or archaeological resources are found on private land which has been designated a state archaeological landmark, the person seeking to excavate or remove must have a permit from the state historic preservation officer. The historic preservation officer determines whether the applicant is properly qualified for such an activity. If a permit is issued, the permitee must provide a summary report of his or her activities, including any relevant maps, documents, drawings or photographs, to the division for historic preservation. All specimens collected under the permit remain property of the state, and the state archaeologist makes arrangements for their disposition in qualified institutions.
We are unable to find information relevant to remains or archaeological resources on private land which has not been designated a state archaeological landmark.
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What are the procedures for discoveries of human remains and artifacts of cultural significance?
We are unable to locate specific information relevant to this question at this time.In general, found property is dealt with as follows:
Finder to give notice, 27 V.S.A. § 1101
A person who finds goods worth $3.00 or more, the owner of which is unknown, shall within six days of discovery publish notice describing such goods and the time and place of discovery, and place them in two public places in the town where the property was found.
Publication of notice in newspaper, 27 V.S.A. § 1103
If the value of found property is more than $10, the finder must publish notice for three successive weeks in a newspaper which circulates in the town where the property was found.
Sale of property; disposition of proceeds, 27 V.S.A. § 1105
If the owner of the property does not claim it within 90 days of first publication of the notice, the finder may sell the property at public auction. The proceeds of the sale, after the costs of keeping the property and of the sale, must be paid to the town treasurer.
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What are the procedures for the disposition of human remains and funerary objects?
Permits for exploration, 22 V.S.A. § 764
All specimens collected from state land or state archaeological landmarks are the property of the state. The state historic preservation officer makes arrangements for their disposition in qualified institutions.
Field investigation, 22 V.S.A. § 762
All information and objects deriving from state land are the property of the state and must be used for scientific or public educational purposes.
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What are the procedures for the removal and re-internment of human remains from cemeteries?
Removal, 18 V.S.A. § 5369
The selectmen or commissioners of a cemetery may remove and re-inter human remains in a more suitable burial ground when it is impracticable to preserve a burial ground in proper condition.
Permit to remove dead bodies, 18 V.S.A. § 5212
Anyone who wants to disinter or remove a body from a cemetery must apply for a removal permit from the town clerk of the town where the body is buried. The applicant must publish notice for two weeks in a newspaper so that the spouse, child, parent or sibling of the deceased may object. Relatives may object to the removal or disinterment by filing a complaint in the probate court of the district where the body is located. The town clerk issues a removal permit 45 days after the last day the notice was published.
A permit shall be issued on application, with no notice required, if removal is necessary because of temporary entombment, the applicant is a federal, state, county or municipal official acting on official duties, or the applicant has written permission from all persons entitled to object.
Removal; objections, 18 V.S.A. § 5212a
If relatives of the deceased object to removal by filing a complaint in probate court, the court must issue the permit after a hearing unless: removal is contrary to the expressed intent of the deceased or is objected to by the deceased surviving spouse; removal is objected to by an adult son or daughter of the deceased if there is no surviving spouse; removal is objected to by a parent of the deceased and there is no surviving spouse, son or daughter; or removal is objected by an adult sibling of the deceased and there is no surviving spouse, son, daughter or parent.
Unauthorized burial or removal; penalty, 18 V.S.A. § 5211
A person who buries, entombs, transports or removes a body without a burial-transit or removal permit shall be imprisoned up to five years and/or fined up to $1,000.
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How does the state regulate the opening and construction of highways through burial grounds or cemeteries?
Public use of cemetery for other purposes, 18 V.S.A. § 5318
A highway or railroad cannot be built through a cemetery without consent of the town, cemetery association or general assembly. No part of a cemetery can be taken for public use without consent from the general assembly.
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How does the state identify, preserve and control Native American sacred sites?
We are unable to find any information specifically relating to Native American sacred sites. Generally, the identification, preservation and control of sites of historic and archaeological significance are dealt with as follows.
Duties and powers of division and state historic preservation officer, 22 V.S.A. § 723
The state historic preservation officer surveys the state to identify and document sites of historic and archaeological importance. The officer maintains a state register of historic properties. The officer also prepares a state historic preservation plan and a program of historical, architectural and archaeological research and development. The officer also maintains, develops and interprets historic properties held by the state.
The state division for historic preservation acquires, preserves, restores and operates historic properties.
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How does the state preserve historic lands from surface mining?
Permits for exploration, 22 V.S.A. § 764
Any excavation or field investigation on public lands or within a state archaeological landmark requires a permit from the state historic preservation officer.
Cooperation between agencies, 22 V.S.A. § 767
When a state, regional or municipal agency finds out or is notified that any public construction or public works project may adversely affect scientific, historical or archaeological data, it must notify the state archaeologist. The state archaeologist must then conduct a survey on the affected area and recover and preserve, or otherwise protect, scientific, historical or archaeological data. The agency conducting the public works project must pay the expenses of the survey and the recovery of the data.
Cooperation of agencies, 22 V.S.A. § 743
An agency, department, division, or commission must:
consult the Advisory Council on Historic Preservation before demolishing, altering or transferring any property which may have historical, architectural or cultural significance;
submit its annual capital improvement plan to the Council;
initiate measures to provide for the preservation rehabilitation or restoration of any properties under its ownership which are listed on the state or national registers of historic places;
develop plans for the maintenance and rehabilitation of any historic properties under its ownership, so long as these plans are not an unreasonable economic burden; and
ensure that its plans and programs contribute to the preservation and enhancement of sites and objects of historical, architectural, archaeological or cultural significance.
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What are the procedures for the exploration of submerged graves and underwater sites?
Rules and regulations, 22 V.S.A. § 781
The Division for Historic Preservation is the custodian of underwater historic properties. The division administers these sites as it administers other historic sites.
A person who wants to explore or conduct operations in an underwater historic site, during which underwater historic property may be removed, displaced or damages must get a permit from the state historic preservation officer. The permitee may receive what the state archaeologist deems fair compensation or a fair proportion of the reasonable cash value of any items recovered. The state archaeologist retains all ownership of any items recovered, unless the archaeologist releases those items to the permitee. Any exploration or recovery must be done in a manner to maximize the amount of historic, scientific, archaeological and education information that can be recovered and preserved.
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What are the procedures for transferring land and property containing historic or cultural resources?
Transfer of state property, 22 V.S.A. § 765
When transferring property under its jurisdiction that contains significant archaeological, aboriginal or anthropological resources, the state may condition the transfer on covenants, deed restrictions or other contracts that will limit the future use of the property to protect those resources.
Reservation of lands to be sold, 22 V.S.A. § 766
The head of a state agency must reserve from sale any state lands on which the state historic preservation officer has given notice that historic sites or artifacts are or may be located. The reservation is confined only to the actual lands on which the sites or artifacts are or may be located. Once the lands are explored and excavated to the extent desired by the state archaeologist, the head of the agency may release the lands and permit their sale.
Duties and powers of division and state historic preservation officer, 22 V.S.A. § 723
When the division conveys or leases historic property back to its original owner or any other person, the transfer must be accompanied by covenants, deed restrictions or other contractual agreements that limit the future use of the property to ensure its preservation. When historic property is conveyed, the conveyance must be subject to rights of access, public visitation, and other conditions or restriction of operation, maintenance, restoration and repair that the division finds necessary. If the division wants to dispose of historical property in fee simple, it must get approval from the general assembly.
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What public health regulations exist for the removal and burial of human remains?
Disposition of remains of dead, 18 V.S.A. § 5319
Human remains must be interred in the earth or interred in a chamber, vault or tomb in a cemetery conducted and maintained under the laws of the state, by deposit in a crypt or mausoleum, or by cremation.
Human remains interred in the earth must be buried at least five feet below the natural surface of the ground, except infants under four years of age, who may be interred at least three and one-half feet below the natural surface of the ground.
Burial chambers, vaults or tombs must be permanent and constructed to withstand extreme climatic conditions, be waterproof and airtight, and be able to be sealed tightly to prevent seepage.
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How is environmental impact measured for historic and archaeological 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?
Cooperation between agencies, 22 V.S.A. § 767
When a state, regional or municipal agency finds out or is notified that any public construction or public works project may adversely affect scientific, historical or archaeological data, it must notify the state archaeologist. The state archaeologist must then conduct a survey on the affected area and recover and preserve, or otherwise protect, scientific, historical or archaeological data. The agency conducting the public works project must pay the expenses of the survey and the recovery of the data.
Transfer of state property, 22 V.S.A. § 765
When transferring property under its jurisdiction that contains significant archaeological, aboriginal or anthropological resources, the state may condition the transfer on covenants, deed restrictions or other contracts that will limit the future use of the property to protect those resources.
Reservation of lands to be sold, 22 V.S.A. § 766
The head of a state agency must reserve from sale any state lands on which the state historic preservation officer has given notice that historic sites or artifacts are or may be located. The reservation is confined only to the actual lands on which the sites or artifacts are or may be located. Once the lands are explored and excavated to the extent desired by the state archaeologist, the head of the agency may release the lands and permit their sale.
Cooperation of agencies, 22 V.S.A. § 743
An agency, department, division, or commission must:
consult the Advisory Council on Historic Preservation before demolishing, altering or transferring any property which may have historical, architectural or cultural significance;
submit its annual capital improvement plan to the Council;
initiate measures to provide for the preservation rehabilitation or restoration of any properties under its ownership which are listed on the state or national registers of historic places;
develop plans for the maintenance and rehabilitation of any historic properties under its ownership, so long as these plans are not an unreasonable economic burden; and
ensure that its plans and programs contribute to the preservation and enhancement of sites and objects of historical, architectural, archaeological or cultural significance
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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?
Organization and operation, 18 V.S.A. § 5432
Cemetery associations in this state are organized and governed by the provisions of Title 11B which govern corporations not for profit.
Authority, powers, 18 V.S.A. § 5433
Once the association has filed articles of incorporation, it shall constitute a body corporate with perpetual succession and capacity to perform all acts within the state which are not illegal or in violation of provisions of this chapter.
Penalty for doing business as a cemetery association without authority, 18 V.S.A. § 5434
Any person or group of person who attempts to do business as authorized under this chapter without authority to do so, or any person or group over persons who try to evade the provisions of this chapter about the sale of burial lots or spaces or the proceeds of such sale, shall be fined not less than $1,000 and not more than $10,000. Any taxpayer of the state may sue such person or group of persons to enjoin them from further committing such acts. This shall not affect anyone under contract with an authorized cemetery association acting in performance of such contract.
Sales of lots, crypts and niches; how income applied; rules. 18 V.S.A. § 5435
The income of a cemetery association must only be used for cemetery purposes. These purposes include the purchase of land; laying out and preserving the cemetery and roads leading to the cemetery; the construction of necessary buildings; and the repair and upkeep of mausoleums, vaults, columbariums, crypts and niches. Debt must not be incurred except in the original purchase of land and laying out of the cemetery. A cemetery association may adopt reasonable rules and regulations to carry out the purposes of the association.
Perpetual care fund, 18 V.S.A. § 5436
A cemetery association established prior to June 1, 1933 may create a perpetual care fund out of surplus money on hand or which has been given to it. A cemetery association established after that date must create a perpetual care fund using from the initial proceeds of the sale of lots and burial spaces not less than twenty percent of the sale price of those lots and spaces. The association can also add to the fund surplus money or property received by will, deed or otherwise.
Investment, 18 V.S.A. § 5437
A cemetery association shall invest perpetual care funds and expend the income from those funds in the operation of the burial ground.
Cemetery accounts; annual reports, 18 V.S.A. § 5438
A cemetery association must keep adequate and correct accounts which shall be open to inspection by every member of the association, including a separate account of the funds and property received for the perpetual care fund.
Dissolution of cemetery associations, 18 V.S.A. § 5439
A cemetery association may be dissolved in the manner of a non-profit corporation under Chapter 14 of Title 11B. When a cemetery association is dissolved, all property owned or held by it shall be transferred to the town in which the cemetery is located and the cemetery will become a public cemetery.
Merger of cemetery associations, 18 V.S.A. § 5440
A cemetery association may merge with another cemetery association in the same town, forming a new association under a new name. Such merger must be made with the votes of the majority of the trustees/directors of each association.
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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?
Organization and operation, 18 V.S.A. § 5432
Cemetery associations in this state are organized and governed by the provisions of Title 11B which govern corporations not for profit.
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Who has the right to conduct archaeological field excavations?
Field investigation, 22 V.S.A. § 762
The state reserves the exclusive right of field investigation on sites owned or controlled by it. All information and objects deriving from state land are the property of the state and must be used for scientific or public educational purposes.
Duties and powers of division and state historic preservation officer, 22 V.S.A. § 723
The state historic preservation officer conducts a state-wide survey to identify and document property and sites which may have archaeological and anthropological information. The officer also develops a continuing program of historical, architectural and archaeological research, including excavation.
Permits for exploration, 22 V.S.A. § 764
If remains or archaeological resources are found on private land which has been designated a state archaeological landmark, the person seeking to excavate or remove must have a permit from the state historic preservation officer. The historic preservation officer determines whether the applicant is properly qualified for such an activity. If a permit is issued, the permitee must provide a summary report of his or her activities, including any relevant maps, documents, drawings or photographs, to the division for historic preservation. All specimens collected under the permit remain property of the state, and the state archaeologist makes arrangements for their disposition in qualified institutions.
Designation of archaeological sites, 22 V.S.A. § 763
With the approval of the state historic preservation officer, the state archaeologist may designate an archaeological site a “state archaeological landmark.” The site must be of significance either to the scientific study or public representation of the state’s historical, prehistorical or aboriginal past. All state agencies shall cooperate to protect state archaeological landmarks on state land. State archaeological landmarks on private land must have consent of the owner of the land before they are designated as landmarks. No person may conduct field activities on a designated state archaeological landmark without first receiving a permit from the historic preservation officer.
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Who has custody rights of discovered human remains?
Field investigation, 22 V.S.A. § 762
All information and objects deriving from state land are the property of the state and must be used for scientific or public educational purposes.
Permits for exploration, 22 V.S.A. § 764
All specimens found during exploration or investigation on public land or a state archaeological site are the property of the state.
We cannot find information relevant to the custody rights of human remains discovered on private land.
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Who has ownership rights of archaeological specimens or objects of cultural significance?
Field investigation, 22 V.S.A. § 762
All information and objects deriving from state land are the property of the state and must be used for scientific or public educational purposes.
Permits for exploration, 22 V.S.A. § 764
All specimens found during exploration or investigation on public land or a state archaeological site are the property of the state.
We are unable to locate information relevant to the ownership rights of archaeological specimens or objects discovered on private land.
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What rights do non-residents of the state maintain?
We are unable to locate information relevant to this question at this time.
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Who has the authority to enforce criminal or unlawful actions regarding human remains and cultural resources?
We are unable to locate information relevant to this question at this time.
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Who has dominion or control of state historic or archaeological resources?
Field investigation, 22 V.S.A. § 762
All information and objects deriving from state land are the property of the state and must be used for scientific or public educational purposes.
Duties and powers of division and state historic preservation officer, 22 V.S.A. § 723
The state historic preservation officer maintains, develops and interprets state-owned historic properties.
The division for historic preservation acquires property interests in historic property. These interests may be in fee simple, but may also be a lesser interest if the division determines that that interest is all that is necessary to protect the property.
Permits for exploration, 22 V.S.A. § 764
All specimens found during exploration or investigation on public land or a state archaeological site are the property of the state.
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Who sits on the state historical commission, and how are these members appointed?
Creation of advisory council, 22 V.S.A. § 741
The Vermont Advisory Council on Historic Preservation has seven members appointed by the governor, four of whom must fulfill the professional requirements of the National Historic Preservation Act. The members serve terms of three years or until their successors are appointed.
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Who sits on the state historic preservation board and for how long?
Division for historic preservation, 3 V.S.A. § 2473
This provision creates the division for historic preservation to coordinate historic preservation activities on behalf of the state. The division is within the department of housing and community affairs, and is the successor to the board of historic sites and the division of historic sites.
We are unable to find further information relative to the composition of the division for historic preservation.
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Scope of Authority
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What powers and responsibilities are delegated to cemetery associations in this state?
Organization and operation, 18 V.S.A. § 5432
A cemetery association will be governed and controlled by Title 11B which governs the organization and management of not-for-profit corporations.
Authority, powers, 18 V.S.A. § 5433
Once the association has filed articles of incorporation, it shall constitute a body corporate with perpetual succession and capacity to perform all acts within the state which are not illegal or in violation of provisions of this chapter.
Sales of lots, crypts and niches; how income applied; rules. 18 V.S.A. § 5435
The income of a cemetery association must only be used for cemetery purposes. These purposes include the purchase of land; laying out and preserving the cemetery and roads leading to the cemetery; the construction of necessary buildings; and the repair and upkeep of mausoleums, vaults, columbariums, crypts and niches. Debt must not be incurred except in the original purchase of land and laying out of the cemetery. A cemetery association may adopt reasonable rules and regulations to carry out the purposes of the association.
Cemetery accounts; annual reports, 18 V.S.A. § 5438
A cemetery association must keep adequate and correct accounts which shall be open to inspection by every member of the association, including a separate account of the funds and property received for the perpetual care fund.
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How are cemetery sales records to be kept?
Cemetery accounts; annual reports, 18 V.S.A. § 5438
A cemetery association must keep adequate and correct accounts which shall be open to inspection by every member of the association, including a separate account of the funds and property received for the perpetual care fund.
The treasurer of the association shall make, sign and file a report at the annual meeting. Such report must include the amount of the treasurer’s bond and a full record of all funds received and set apart for a perpetual care fund. It shall also include a list of securities in which such funds are invested along with the income received and disbursements made from such securities. A copy of the report must be filed with the town clerk and probate court where the cemetery is located.
Sale of lots; tax exemption, 18 V.S.A. § 5376
A commissioner appointed to the board of a town cemetery for the purpose of selling lots may grant and convey lots in the town cemetery for use in the burial of human remains. Such sale shall be exempt from taxation, and the deeds shall be recorded in the office of the town clerk.
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What power does the state have to acquire or purchase property of historic or archaeological significance?
Acquisition of rights and interests in land for scenery protection, 10 V.S.A. § 422
In order to preserve and enhance Vermont’s scenic values, the agency of transportation, the departments of forests, parks and recreation, fish and wildlife, environmental conservation and the division for historic preservation may acquire land and any rights and interests in land by purchase with any authorized funds. All proposed acquisitions, exchanges and transfers must be submitted to the natural resources interagency committee for review, but the decision of the interagency committee shall not be binding.
Duties and powers of division and state historic preservation officer, 22 V.S.A. § 723
The division for historic preservation acquires property interests in historic property. These interests may be in fee simple, but may also be a lesser interest if the division determines that that interest is all that is necessary to protect the property.
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How does the state manage parks and historical sites?
Powers and duties: Commissioner, 10 V.S.A. § 2603
The Department of Forests, Parks and Recreation shall be under the direction of a commissioner appointed by the secretary of the agency of natural resources.
The commissioner shall manage and plan for the use of publicly owned forests and park lands. The lands must be managed and used in a way to promote and protect the natural, productive and recreational values of the land.
The commissioner may create reasonable regulations for the use of publicly owned forests and parks, including fees for the use of land, camping sites and other facilities and for the harvesting of timber or extraction of minerals of other resources. These regulations shall be subject to the direction and approval of the secretary of the agency of natural resources.
Duties and powers of division and state historic preservation officer, 22 V.S.A. § 723
The state historic preservation officer maintains, develops and interprets state-owned historic properties.
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What are the powers of municipal and county governments regarding park and historical sites?
Laying out parks, 24 V.S.A. § 2501
A fifth or 50 or more of the freeholders of a town may petition the town selectmen for the laying out of a public park or square in a town. The selectmen shall hold a hearing with the interesting parties after examining the proposed site. The selectmen shall then proceed to set out land and award damages according to the same procedure used for laying out a highway.
Official map, 24 V.S.A. § 4421
A municipality may adopt an official map which includes future municipal utility and facility improvements, such as road or recreational path right-of-way, parks, utilities and other public improvements. The inclusion of proposed public facilities on the map shall not constitute a taking or acceptance of land or obligate the municipality to construct such facilities.
No zoning permit may be issued for land development within the lines of a proposed public facility on the official map except as provided for in this section. No person may recover damages for a taking of land within the boundaries of a proposed public facility after its inclusion on the official map.
An application for land development which includes land designated as a proposed public facility must show that the development will accommodate that facility. A majority of the planning commission may make minor changes to the official map at any time so long as it is approved by the legislative body.
Zoning; permissible types of regulations, 24 V.S.A. § 4414
Local historic districts and landmarks
Municipal governments may establish historic districts and designate historic landmarks. Historic districts must include structures and areas of historic or architectural significance. A bylaw creating a local historic district or landmark must contain a clearly-delineated map, a description of the integral historic, architectural and cultural significance and a statement of the significance of the district or landmark.
No structure within a designated historic district shall be destroyed or substantially altered. No new structure shall be built within a historic district without approval of the appropriate municipal panel, which must consider this significance of the proposed structure, its relationship to the district and the compatibility of the proposed building including appearance and materials to be used.
When considering an application to alter a building within a historic district, or to build a new building, the panel shall consult with all interested parties and approve the application only when it finds that the plan will not materially impair the historic significance of the district or building.
Historic preservation grant program, 24 V.S.A. § 5602
Municipalities and nonprofit tax-exempt organizations may receive grants from the division for historic preservation on a one-to-one matching basis for restoring buildings and structures.
Advisory commissions and committees, 24 V.S.A. § 4433
Municipalities may create advisory commissions and committees to assist the legislative body or the planning commission in preparing, adopting and implementing the municipal plan. An advisory commission shall have not less than three members who are residents of the municipality, except that historic preservation, design advisory or conservation commissions may be comprised of professional and lay members, a majority of whom are residents of the municipality. The meetings of an advisory commission shall be open to the public, and it shall keep a public record of its transactions. A historic preservation commission shall have, to the extent possible, professional members from the fields of historic preservation, history, architecture, archaeology, and related disciplines. The commission must prepare reports and recommendations on standards for creating a historic district, and advise and assist the legislature on historic preservation.
Creation of conservation commissions, 24 V.S.A. § 4501
A municipality may create a conservation commission by vote of the municipality or, if the charter permits it, by vote of the legislative body.
Powers and duties of conservation commissions, 24 V.S.A. § 4505
A conservation commission may make an inventory and conduct studies of the natural resources of the municipality and of lands within the municipality which have historic, educational, cultural, scientific, architectural or archaeological values in which the public has an interest. The commission may then recommend to the legislative body the purchase or the receipt of gifts of such land or rights to land, and administer any lands acquired by the municipality for the purposes of conservation. The commission shall also cooperate with and advise all relevant local agencies and bodies, including the legislative body and the planning commission.
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How do county and municipal governments oversee cemetery property?
Appropriations and regulations by towns, 18 V.S.A. § 5361
A town may vote sums of money for use in purchasing, holding and maintaining public burial grounds. The selectmen of the town may make necessary regulation for the operation and maintenance of such public burial grounds.
Duties of selectmen, 18 V.S.A. § 5367
When a town has not placed a public burial ground under the control of a cemetery commission, the town selectmen shall have the power to sell and convey lots in such burial ground and apply the profits and any bequests and gifts to the improvement and embellishment of the grounds.
Cemetery commissioners, 18 V.S.A. § 5373
A town may vote to place its public burial ground under the control of a cemetery commission. The commission shall consist of three or five elected commissioners who shall control and manage the burial ground and have all powers, rights and duties with respect to such management.
Report of cemetery commissioners, 18 V.S.A. § 5379
The cemetery commission must submit an annual report to the town auditors. This report must include the conditions and needs of the burial ground, including a detailed report of its receipts and expenditures.
Auditors, 18 V.S.A. § 5380
The town auditors must audit the annual report, file it in the office of the town clerk, and include the whole report or a summary of it in their annual report.
Transfer of care from commissioners to selectmen, 18 V.S.A. § 5381
A town may vote to remove its burial grounds from control of the cemetery commissioners and place it under the control of the selectmen.
Dissolution of cemetery associations, 18 V.S.A. § 5439
A cemetery association may be dissolved in the manner of a non-profit corporation under Chapter 14 of Title 11B. When a cemetery association is dissolved, all property owned or held by it shall be transferred to the town in which the cemetery is located and the cemetery will become a public cemetery.
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What are the powers and duties of the state historic commission?
Duties and powers of the council, 22 V.S.A. § 742
The State Advisory Council on Historic Preservation approves nominations to the State and National Registers of historic places, reviews and approves the state survey of historic properties and the state preservation plan, approves the removal of historic properties from the State Register, recommends the removal of properties from the National Register, and reviews and approves projects to receive state and national grants for historic preservation. The Council also provides an advisory and coordinate mechanism to discuss state undertakings which may be harmful to historic preservation. The head of any agency which has jurisdiction over a state project must take into account possible effects on property listed on the state or national register. Prior to starting a project which may damage a listed historical property, the head of the agency must give the Council reasonable opportunity to comment on the project.
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How does the state historical commission register or include historic property?
Duties and powers of division and state historic preservation officer, 22 V.S.A. § 723
The state historic preservation officer creates and adopts standards for listing a historic property on the state register. These standards must be consistent with the standards of the National Register.
Duties and powers of the council, 22 V.S.A. § 742
The State Advisory Council on Historic Preservation approves nominations to the State and National Registers of historic places.
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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.
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How is the rehabilitation and preservation of historic property conducted?
Duties and powers of division and state historic preservation officer, 22 V.S.A. § 723
The state historic preservation officer surveys the state to identify and document sites of historic and archaeological importance. The officer maintains a state register of historic properties. The officer also prepares a state historic preservation plan and a program of historical, architectural and archaeological research and development. The officer also maintains, develops and interprets historic properties held by the state.
The state division for historic preservation acquires, preserves, restores and operates historic properties.
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What specific historic or cultural properties are regulated by the state’s historical commission?
Definitions, 22 V.S.A. § 701
Any building, structure, object, district, area or site that is significant in the history, architecture, archaeology or culture of Vermont, its communities, or the nation is historic property or a historic resource regulated by the Division for Historic Preservation.
Any aboriginal mound, fort, earthwork, village location, burial ground, historic or prehistoric ruin, mine, cave or other location which is or may be a source of important archaeological data is a historical or archaeological site regulated by the Division for Historic Preservation.
For information about specific sites regulated by the Division for Historic Preservation, see http://www.historicvermont.org/sites/.
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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?
Sale of lots; tax exemption, 18 V.S.A. § 5376
A commissioner appointed to the board of a town cemetery for the purpose of selling lots may grant and convey lots in the town cemetery for use in the burial of human remains. Such sale shall be exempt from taxation, and the deeds shall be recorded in the office of the town clerk.
Proceeds of sale; expenditure, 18 V.S.A. § 5377
The proceeds of the sale of lots shall be paid into a separate fund in the town treasury. Such proceeds must only be used for maintaining, improving and embellishing the town cemetery. The board may sell lots with the condition that the proceeds be held in trust and the income from the trust be used on caring for the lot, if the town so votes. The board shall fix the prices of the lots and make regulations regarding their sale.
Sales of lots, crypts and niches; how income applied; rules. 18 V.S.A. § 5435
The income of a cemetery association must only be used for cemetery purposes. These purposes include the purchase of land; laying out and preserving the cemetery and roads leading to the cemetery; the construction of necessary buildings; and the repair and upkeep of mausoleums, vaults, columbariums, crypts and niches. Debt must not be incurred except in the original purchase of land and laying out of the cemetery. A cemetery association may adopt reasonable rules and regulations to carry out the purposes of the association.
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How is a state historic acquisition and preservation fund administered?
Historic preservation special funds, 22 V.S.A. § 724
The historic sites operations special fund is to be used by the division for historic preservation in order to maintain, develop and interpret state-owned historic properties and to acquire, preserve, restore and maintain historic properties. The money in the special fund comes from receipts from ticket sales at and fees for rental of state-owned historic sites, along with transfers from gift shops at such sites, appropriations from the general assembly, gifts, donations or grants, income from trust funds held by the treasurer and revenues from the sale of publications.
The archaeological operations special fund shall be used to carry out the duties of the state archaeologist. The money in the special fund shall come from fees for electronic access to the archaeological database, along with any appropriations by the general assembly, gifts, grants or other moneys received for archaeology activities and services performed by the division for historic preservation.
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How are trust funds for the maintenance of cemeteries established and administered?
Town trust funds – Acceptance of property, 18 V.S.A. § 5382
A town may accept and hold in trust grants, gifts or bequests of property and apply the same or the income thereof to the operation of town burial grounds or for the erection, preservation or removal of a monument, fence or other structure within the burial grounds according to the terms of the grant, gift or bequest.
Acceptance of money in trust, 18 V.S.A. § 5383
A town may vote to receive and hold money in trust and use the income for the operation of town burial grounds, or of private lots within burial grounds or elsewhere.
Perpetual care fund, 18 V.S.A. § 5436
A cemetery association established prior to June 1, 1933 may create a perpetual care fund out of surplus money on hand or which has been given to it. A cemetery association established after that date must create a perpetual care fund using from the initial proceeds of the sale of lots and burial spaces not less than twenty percent of the sale price of those lots and spaces. The association can also add to the fund surplus money or property received by will, deed or otherwise.
Investment, 18 V.S.A. § 5437
A cemetery association shall invest perpetual care funds and expend the income from those funds in the operation of the burial ground.
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How are state historic archives maintained?
Vermont state archives and records administration, 3 V.S.A. § 117
The Vermont state archives and records administration is created within the office of the Secretary of State. The administration implements and administrates a records management program for state government. The director of the administration is the State Archivist, who must be qualified both educationally and professionally. The State Archivist must establish and maintain a records system, develop procedures and standards for preservation of and access to public records. All volumes created by the State Archivist under this section shall be delivered to the State Librarian, who shall deliver one copy to any elected or appointed state officials, town and county clerks, local historical societies and public high schools and colleges who request such volumes. Four copies shall also be delivered to the Vermont Historical Society.
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How may the state enter into private contracts for recovering and preserving historical artifacts?
Contracting standards; personal services contracts, 3 V.S.A. § 342
A state agency may enter into private contracts for personal services only if one or more of the following criteria are met:
1) The agency will not exercise direct, daily supervision over the contractor; the services provided are not the same as provided by state employees; and the contractor customarily engages in an independently-established profession or business; or
2) One or more of the following applies:
A) The services or necessary knowledge, skills or expertise are not available in the agency;
B) The services are incidental to a contract for real or personal property;
C) There is a demonstrated need for independent audit, review or investigation, or independent management is needed due to an emergency;
D) The state is not able to provide equipment, materials, facilities or support services for the contracted services in a cost-effective manner;
E) The contract is for professional services usually rendered on a case-by-case basis and are needed for a limited duration, usually not more than two years;
F) The need for services is so temporary, urgent or occasional that it would be inefficient to hire and train state employees;
G) Contracts for the type of services are specifically authorized by law;
H) Efforts to recruit state employees to perform the services have failed because there is no applicant meeting the minimum standards;
I) The cost of obtaining the services by contract is less than utilizing state employees.
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What funding exists for state historical education efforts?
Acceptance of funds or gifts for historic sites and Vermont archaeology heritage center, 22 V.S.A. § 725
The State Historic Preservation Officer may accept grants, gifts, donations, loans or other things of value for use in establishing displays and exhibits at any historic site and at the Vermont archeology heritage center, or restoring any historic site.
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What funding exists for state museums’ scientific services?
We are unable to locate information relevant to this question at this time.
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What special funding sources are there for protection and preservation of burials on private lands?
Vermont Historic Preservation Act Rules, 11-050-001 Vt. Code R. § 3 (2001)
Rule 3. Regulations for the Vermont Certified Local Government Program
The National Historic Preservation Act of 1966, as amended, provides for matching grants-in-aid to states for historic preservation projects. Amendments passed in 1980 require at least ten percent of a state’s Historic Preservation Fund to be designated for transfer to certified local governments (CLGs) which apply for the money. Grants to CLGs must be used for the identification, evaluation and protection of eligible historic and archaeological resources. CLG grants must be locally-administered and the funds must be matched locally.
Historic preservation grant program, 24 V.S.A. § 5602
Municipalities and nonprofit tax-exempt organizations may receive grants from the division for historic preservation on a one-to-one matching basis for restoring buildings and structures.
Unmarked burial sites special fund, 18 V.S.A. § 5212b
The unmarked burial sites special fund exists for the purpose of protecting, preserving, moving or reinterring human remains discovered in unmarked burial sites. These funds may be disbursed for use in any municipality where remains are found in unmarked burial sites. Any interested parties, including the municipality, the Vermont Commission on Native American Affairs and private property owners, may agree on a process to deal with the remains. This process, which must be approved by the commissioner of housing and community affairs, must include methods for determining the presence of unmarked burial sites, methods for handling development and excavation on property which contains or most likely contains such sites, options for owners of such property, procedures for protecting, preserving or moving the site and any human remains, and procedures for resolving disputes. The funds must be used to monitor excavations; protect, preserve, more or reinter human remains; perform archaeological assessments; provide mediation or other dispute resolution services; to acquire property or development rights (with approval of the commissioner) or any other purpose determined by the commissioner to be consistent with the purposes of the fund.
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What special funding sources are there for protection and preservation of burials on public lands?
Vermont Historic Preservation Act Rules, C.V.R. 11 050 001
Rule 3. Regulations for the Vermont Certified Local Government Program
The National Historic Preservation Act of 1966, as amended, provides for matching grants-in-aid to states for historic preservation projects. Amendments passed in 1980 require at least ten percent of a state’s Historic Preservation Fund to be designated for transfer to certified local governments (CLGs) which apply for the money. Grants to CLGs must be used for the identification, evaluation and protection of eligible historic and archaeological resources. CLG grants must be locally-administered and the funds must be matched locally.
Historic preservation grant program, 24 V.S.A. § 5602
Municipalities and nonprofit tax-exempt organizations may receive grants from the division for historic preservation on a one-to-one matching basis for restoring buildings and structures.
Historic preservation special funds, 22 V.S.A. § 724
The historic sites operations special fund is to be used by the division for historic preservation in order to maintain, develop and interpret state-owned historic properties and to acquire, preserve, restore and maintain historic properties. The money in the special fund comes from receipts from ticket sales at and fees for rental of state-owned historic sites, along with transfers from gift shops at such sites, appropriations from the general assembly, gifts, donations or grants, income from trust funds held by the treasurer and revenues from the sale of publications.
The archaeological operations special fund shall be used to carry out the duties of the state archaeologist. The money in the special fund shall come from fees for electronic access to the archaeological database, along with any appropriations by the general assembly, gifts, grants or other moneys received for archaeology activities and services performed by the division for historic preservation.
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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?
Findings, 1 V.S.A. § 851
The general assembly of the Vermont legislature finds that at least 1,700 Vermonters claim to be direct descendents of the indigenous Native American peoples now known as the Western Abenaki tribes. There is evidence to show that the Missisquoi Abenaki were indigenous to and inhabited the river floodplains of Vermont at least as far back as the 1100s.
Native American Indian people, 1 V.S.A. § 853 (2010).
The state recognizes all individuals of Native American heritage residing in the state as an ethnic minority. This recognition does not confer any status to any group of individuals. In order to be recognized as a Native American Indian tribe by the Vermont legislature, a group or band must file an application which demonstrates the following criteria:
1. A majority of the applicant’s members currently reside in a specific geographic location within Vermont.
2. A substantial number of the applicant’s members are related to each other by kinship and trace their ancestry to a kinship group. Genealogical documents are limited to those which show a descendency from identified Vermont or regional native people.
3. The applicant has a connection to Native American tribes which historically inhabited Vermont.
4. The applicant has historically maintained an organized structure which exercises influence over its members.
5. The applicant has an enduring community presence within Vermont, documented by archaeology, ethnography, physical anthropology, history, folklore, or any other applicable scholarly research and data.
6. The applicant is organized in part to preserve, document and promote its Native American history and culture; and to address the economic, social, political or cultural needs of its members.
7. The applicant can document traditions, customs, oral stories and histories that show the applicant’s heritage and connection to its homeland.
8. The applicant has not been recognized as a tribe in any other state, province or nation.
The commission must hold at least one public hearing on the application, and provide written notice of completion of each step of the process to the applicant. A panel of three members shall review the application and publish a report of its findings. An applicant is recognized by approval of the general assembly, or when two years pass after receipt of the application by the legislative committees if no action is taken in that time by the general assembly.
Recognition of a Native American Indian tribe shall not be construed to create or extend any claims to land or real estate or right to conduct any gambling activities prohibited by law.
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What tribes are recognized by the state?
We are unable to locate information relevant to this question at this time.
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Are the state-recognized tribes different from the federally-recognized tribes in the state?
No, there are no federally-recognized tribes in Vermont. (see http://www.ncsl.org/?tabid=13278#fed)
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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 acknowledgement of constituent groups?
The state recognizes all individuals of Native American heritage residing in the state as an ethnic minority. This recognition does not confer any status to any group of individuals. In order to be recognized as a Native American Indian tribe by the Vermont legislature, a group or band must file an application which demonstrates the following criteria:
1. A majority of the applicant’s members currently reside in a specific geographic location within Vermont.
2. A substantial number of the applicant’s members are related to each other by kinship and trace their ancestry to a kinship group. Genealogical documents are limited to those which show descendency from identified Vermont or regional native people.
3. The applicant has a connection to Native American tribes which historically inhabited Vermont.
4. The applicant has historically maintained an organized structure which exercises influence over its members.
5. The applicant has an enduring community presence within Vermont, documented by archaeology, ethnography, physical anthropology, history, folklore, or any other applicable scholarly research and data.
6. The applicant is organized in part to preserve, document and promote its Native American history and culture; and to address the economic, social, political or cultural needs of its members.
7. The applicant can document traditions, customs, oral stories and histories that show the applicant’s heritage and connection to its homeland.
8. The applicant has not been recognized as a tribe in any other state, province or nation.
The commission must hold at least one public hearing on the application, and provide written notice of completion of each step of the process to the applicant. A panel of three members shall review the application and publish a report of its findings. An applicant is recognized by approval of the general assembly, or when two years pass after receipt of the application by the legislative committees if no action is taken in that time by the general assembly.
Recognition of a Native American Indian tribe shall not be construed to create or extend any claims to land or real estate or right to conduct any gambling activities prohibited by law.
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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?
Unmarked burial sites special fund, 18 V.S.A. § 5212a
In authorizing disbursements from the special fund to determine the presence of unmarked burial sites or excavation, protection, preservation or moving of such sites, the commissioner of housing and community affairs must approve any process developed through consensus with relevant parties, including the Commission on Native American Affairs.
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How are Indian sacred sites regulated?
We are unable to locate information relating specifically to the regulation of Indian sacred sites. Historical and archaeological sites are regulated in the following manner.
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Is there a state Indian Affairs Commission or equivilant?
Vermont commission on Native American affairs established; authority, 1 V.S.A. § 852
The Vermont Commission on Native American Affairs is established to recognize the historic and cultural contributions of Native Americans to Vermont, to promote and strengthen their heritage, and to address their needs in state policy and programs.
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How is the state Indian Affairs Commission or equivalent composed?
Vermont commission on Native American affairs established; authority, 1 V.S.A. § 852
The commission consists of seven members appointed by the governor from a list assembled by the Division for Historic Preservation. This list is compiled from recommendations from the regional tribal councils and communities in Vermont and applicants who apply in response to solicitations and publications.
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What are the powers and duties of the state Indian Affairs Commission?
Vermont commission on Native American affairs established; authority, 1 V.S.A. § 852
The commission shall assist Native American tribal councils, organizations and individuals in securing social services, education, employment opportunities and other public services; creating and selling Native American-produced arts and crafts and legally label them as such; and receiving federal assistance and support. The commission shall also appoint a three-member panel for the review of applications for recognition as a Native American tribe, review each application and make recommendations to the appropriate legislative committee.
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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?
Vermont commission on Native American affairs established; authority, 1 V.S.A. § 852
The Commission may provide technical assistance and an explanation of the process of recognition to applicants.
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