Michigan 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?
750.160 - It is a felony to unlawfully and willfully dig up, disinter, remove, or convey away a human body (or the remains) from the place where the body is interred or deposited. One cannot mutilate, deface, remove, or carry away a portion of the dead body of a person, unless required for an embalming or postmortem examination, and any accessory before or after the fact is guilty as well. The penalty for violating the law is not more than 10 years of imprisonment, or by a find of not more than $5,000.
This law does not prevent representatives of scientific institutions from disinterment of prehistoric persons for scientific purposes assuming they get written consent form the land they excavate.
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What is the criminal liability for unlawfully selling or purchasing human remains and funerary objects?
333.10116 Purchase or sale of body part for transplantation or therapy; violation as felony; penalty; exception.
(1) Except as otherwise provided in subsection (2), a person that for valuable consideration knowingly purchases or sells a body part for transplantation or therapy if removal of the body part from an individual is intended to occur after the individual's death is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $50,000.00, or both.
(2) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a body part.
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What is the criminal liability for unlawfully taking or possessing human remains and funerary objects?
750.160 - It is a felony to unlawfully and willfully dig up, disinter, remove, or convey away a human body (or the remains) from the place where the body is interred or deposited. One cannot mutilate, deface, remove, or carry away a portion of the dead body of a person, unless required for an embalming or postmortem examination, and any accessory before or after the fact is guilty as well. The penalty for violating the law is not more than 10 years of imprisonment, or by a find of not more than $5,000.
This law does not prevent representatives of scientific institutions from disinterment of prehistoric persons for scientific purposes assuming they get written consent form the land they excavate.
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What is the criminal liability for unlawfully disturbing human remains and funerary objects?
750.160 - It is a felony to unlawfully and willfully dig up, disinter, remove, or convey away a human body (or the remains) from the place where the body is interred or deposited. One cannot mutilate, deface, remove, or carry away a portion of the dead body of a person, unless required for an embalming or postmortem examination, and any accessory before or after the fact is guilty as well. The penalty for violating the law is not more than 10 years of imprisonment, or by a find of not more than $5,000.
This law does not prevent representatives of scientific institutions from disinterment of prehistoric persons for scientific purposes assuming they get written consent form the land they excavate.
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What is the criminal liability for defacing or destroying historical or archaeological sites?
750.387 - A person who is not the burial right owner or contractually able to control the area, shall not willfully destroy, mutilate, deface, injure, or remove a tomb, monument, gravestone, or other structure or thing placed or designed for a memorial of the dead. Also, to do the same for a fence, railing, curb, or other thing intended for the protection of the above places. It is also prohibited to destroy, mutilate, remove, cut, break, or injure any tree, shrub, or plant, placed or being within such an enclosure.
The penalty is more severe based on the amount of damage caused. Repeat offenders are also eligible for increased punishment.
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What is the criminal liability for unlawfully reproducing historic or archaeological artifacts?
We are unable to locate information relevant to this question at this time.
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What is the criminal liability for unlawfully destroying tombs, monuments, or gravestones?
750.387 - A person who is not the burial right owner or contractually able to control the area, shall not willfully destroy, mutilate, deface, injure, or remove a tomb, monument, gravestone, or other structure or thing placed or designed for a memorial of the dead. Also, to do the same for a fence, railing, curb, or other thing intended for the protection of the above places. It is also prohibited to destroy, mutilate, remove, cut, break, or injure any tree, shrub, or plant, placed or being within such an enclosure.
The penalty is more severe based on the amount of damage caused. Repeat offenders are also eligible for increased punishment.
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What is the criminal liability for unlawfully taking or possessing monuments or gravestones?
750.387 - A person who is not the burial right owner or contractually able to control the area, shall not willfully destroy, mutilate, deface, injure, or remove a tomb, monument, gravestone, or other structure or thing placed or designed for a memorial of the dead. Also, to do the same for a fence, railing, curb, or other thing intended for the protection of the above places. It is also prohibited to destroy, mutilate, remove, cut, break, or injure any tree, shrub, or plant, placed or being within such an enclosure.
The penalty is more severe based on the amount of damage caused. Repeat offenders are also eligible for increased punishment.
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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 specific laws restrict the alienation or use of historic burial places?
324.76106 Removal of relics or records of antiquity; consent of landowner required.
Without the consent of the land owner, a person shall not remove any relics or records of antiquity such as human or other bones; shells, stone, bone, or copper implements; pottery or shards of pottery, or similar artifacts and objects from the premises where they have been discovered.
http://legislature.mi.gov/doc.aspx?mcl-324-76106
324.76105 Permit for exploration or excavation of aboriginal remain; exception.
(1) A person, either personally or through an agent or employee, shall not explore or excavate an aboriginal remain covered by this part upon lands owned by the state, except as authorized by a permit issued by the department, with written approval of the department of history, arts, and libraries, pursuant to part 13. A permit shall be issued without charge.
(2) Subsection (1) does not apply to the Mackinac Island state park commission on lands owned or controlled by the Mackinac Island state park commission.
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What is the criminal liability for removing or damaging headstones?
750.387 - A person who is not the burial right owner or contractually able to control the area, shall not willfully destroy, mutilate, deface, injure, or remove a tomb, monument, gravestone, or other structure or thing placed or designed for a memorial of the dead. Also, to do the same for a fence, railing, curb, or other thing intended for the protection of the above places. It is also prohibited to destroy, mutilate, remove, cut, break, or injure any tree, shrub, or plant, placed or being within such an enclosure.
The penalty is more severe based on the amount of damage caused. Repeat offenders are also eligible for increased punishment.
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What are the general state criminal laws for abuse of corpse?
750.160 - It is a felony to unlawfully and willfully dig up, disinter, remove, or convey away a human body (or the remains) from the place where the body is interred or deposited. One cannot mutilate, deface, remove, or carry away a portion of the dead body of a person, unless required for an embalming or postmortem examination, and any accessory before or after the fact is guilty as well. The penalty for violating the law is not more than 10 years of imprisonment, or by a find of not more than $5,000.
This law does not prevent representatives of scientific institutions from disinterment of prehistoric persons for scientific purposes assuming they get written consent form the land they excavate.
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What other general state criminal laws affect human remains and burial places?
750.160a - a person shall not knowingly photograph (includes video tape, film, or capture the image by digital means) or publicly display a photograph (or other relevant medium) of all or a portion of a decedent located in a human grave, unless acting pursuant to a court order or if written consent from next of kin is obtained (if death has occurred less than 100 years before the photograph is taken or displayed). It is also acceptable if the photo is used for law enforcement, medical, archeological, or scientific purposes.
http://legislature.mi.gov/doc.aspx?mcl-750-160a
Punishment Sec. 160b. A person who violates section 160a is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $5,000.00, or both.
http://legislature.mi.gov/doc.aspx?mcl-750-160b
750.167d – Within 500 feet of a location where a funeral, memorial service, or viewing of a deceased person is being conducted, one cannot: make loud noises after being asked to stop, make rude or intimidating gestures, or disturb the proceedings. A violator is a disorderly person, and is guilty of a felony and punishable by imprisonment for not more than 2 years or a fine of not more than $5,000.00, or both, unless the person was previously convicted under this section. Then the penalty increases to imprisonment for not more than 4 years or a fine of not more than $10,000.00, or both.
http://legislature.mi.gov/doc.aspx?mcl-750-167d
Punishment 750.168 guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine not more than $500 or both.
If a felony, not more than 2 year spunsihment or a fine of not more than $5,000 or both. If the person has a prior conviction for this crime the punishment becomes not more than 4 years in prison and a fine of not more than $10,000 or both
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What are the general state criminal laws for theft?
750.356 Larceny - A person who commits larceny by stealing any of the following property of another person is guilty of a crime as provided in this section: a) Money, goods, or chattels. (b) A bank note, bank bill, bond, promissory note, due bill, bill of exchange or other bill, draft, order, or certificate. (c) A book of accounts for or concerning money or goods due, to become due, or to be delivered. (d) A deed or writing containing a conveyance of land or other valuable contract in force. (e) A receipt, release, or defeasance. (f) A writ, process, or public record. (g) Nonferrous metal.
Penalties – it is a felony if the person stole 20,000 or more, or if the person violates the next lowest threshold but has 2 or more non-misdemeanor prior convictions under this offence. This level is punishable by imprisonment for not more than 10 years or a fine of not more than 15,000 or 3 times the value of the property stolen, whichever is grater, or both imprisonment and a fine.
Penalties – it is a felony if the person stole between 1,000 and 20,000, or if the person violates the next lowest threshold but has 1 or more non-misdemeanor prior convictions under this offense. This level is punishable by imprisonment for not more than 5 years or a fine of not more than 10,000 or 3 times the value of the property stolen, whichever is grater, or both imprisonment and a fine.
Penalties – it is a misdemeanor if the person stole between 200 and 1,000, or if the person violates the next lowest threshold but has 1 or more prior convictions from that level of theft. This level is punishable by imprisonment for not more than 1 year or a fine of not more than 2,000 or 3 times the value of the property stolen, whichever is grater, or both imprisonment and a fine.
Penalties – it is a misdemeanor if the person stole less than 200. This level is punishable by imprisonment for not more than 93 days or a fine of not more than 500 or 3 times the value of the property stolen, whichever is greater, or both imprisonment and a fine
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What are the general state criminal laws for receiving stolen property?
750.535 - A person shall not buy, receive, possess, conceal, or aid in the concealment of stolen, embezzled, or converted money, goods, or property knowing, or having reason to know or reason to believe, that the money, goods, or property is stolen, embezzled, or converted.
Penalties (generally), see the theft above for the penalty structure, except it refers to the value of the received/purchased/possessed/concealed property.
The values of property purchased, received, possessed, or concealed in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value of property purchased, received, possessed, or concealed.
http://legislature.mi.gov/doc.aspx?mcl-750-535
750.536 -a conviction for the larceny is not necessary for the above crime
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What are the general state criminal laws for unlawful trespass?
750.552 Trespass
A person cannot enter the lands or premises of another or remain on the land or premises of another without lawful authority after having been forbidden so to do by the owner or occupant or their agent. Nor can a person enter or remain without lawful authority on fenced or posted farm property of another person without the consent of the owner or their agent. A request to leave the premises is not a necessary element for a violation of this subdivision. This subdivision does not apply to a person who is in the process of attempting, by the most direct route, to contact the owner or his or her lessee or agent to request consent.
The violator of this law is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 30 days or by a fine not more than 250, or both
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What are the general state criminal laws for mischief?
750.377a Willful and malicious destruction of property
A person who willfully and maliciously destroys or injures the personal property of another person is guilty of a crime with the same monetary threshold delineations as larceny.
http://legislature.mi.gov/doc.aspx?mcl-750-377a
750.387 - A person who is not the burial right owner or contractually able to control the area, shall not willfully destroy, mutilate, deface, injure, or remove a tomb, monument, gravestone, or other structure or thing placed or designed for a memorial of the dead. Also, to do the same for a fence, railing, curb, or other thing intended for the protection of the above places. It is also prohibited to destroy, mutilate, remove, cut, break, or injure any tree, shrub, or plant, placed or being within such an enclosure.
The penalty is more severe based on the amount of damage caused. Repeat offenders are also eligible for increased punishment.
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What are the general state criminal laws for damage to property?
See mischief
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What are the general state criminal laws for hate crimes?
750.147b - A person is guilty of ethnic intimidation if that person maliciously, and with specific intent to intimidate or harass another person because of that person's race, color, religion, gender, or national origin, does any of the following:
(a) Causes physical contact with another person. (b) Damages, destroys, or defaces any real or personal property of another person. (c) Threatens, by word or act, to do an act described in subdivision (a) or (b), if there is reasonable cause to believe that an act described in subdivision (a) or (b) will occur.
Ethnic intimidation is a felony punishable by imprisonment for not more than 2 years, or by a fine of not more than $5,000.00, or both
Regardless of the existence or outcome of any criminal prosecution, a person who suffers injury to his or her person or damage to his or her property as a result of ethnic intimidation may bring a civil cause of action against the person who commits the offense to secure an injunction, actual damages, including damages for emotional distress, or other appropriate relief. A plaintiff who prevails in a civil action brought pursuant to this section may recover both of the following:
(a) Damages in the amount of 3 times the actual damages described in this subsection or $2,000.00, whichever is greater.
(b) Reasonable attorney fees and costs.
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How is the excavation of historical and archaeological resources restricted in this state?
750.493 - Protection of exploration pits and holes—Any person who shall sink, dig or cause to be sunk or dug, any shaft, pit, hole or trench on any unenclosed or unoccupied land within this state to a depth of 4 feet or more, for the purpose of exploring for minerals or making other discoveries, and shall fail and neglect to fill the same or erect or cause to be erected and maintain or cause to be maintained around the same a good substantial fence or enclosure not less than 4 feet high, shall be guilty of a misdemeanor.
http://legislature.mi.gov/doc.aspx?mcl-750-493
324.76102 - (1) The state reserves to itself the exclusive right and privilege, except as provided in this part, of exploring, surveying, excavating, and regulating through its authorized officers, agents, and employees, all aboriginal records and other antiquities, including mounds, earthworks, forts, burial and village sites, mines or other relics, and abandoned property of historical or recreational value found upon or within any of the lands owned by or under the control of the state.
(2) The state reserves to itself a possessory right or title superior to that of a finder to abandoned property of historical or recreational value found on the state owned bottomlands of the Great Lakes. This property shall belong to this state with administration and protection jointly vested in the department and the department of history, arts, and libraries.
(CHANGED TO THE Department of Natural Resources by E.R.O. No. 2009-26, compiled at MCL 399.752)
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How is the collection or removal of historical and archaeological resources restricted in this state?
See above
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What specific laws restrict the alienation or use of historic burial places?
See above
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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?
767.24 -
Because it is not one of enumerated crimes at the beginning of the statute, charges may be found and filed within 6 years after the offense is committed.
Any period during which the party charged did not usually and publicly reside within this state is not part of the time within which the respective indictments may be found and filed.
The extension or tolling, as applicable, of the limitations period provided in this section applies to any of those violations for which the limitations period has not expired at the time the extension or tolling takes effect.
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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?
600.5813 Other personal actions.
Because it is not one of enumerated actions, the limitation is 6 years after the claims accrue.
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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?
For fines and penalties associated with crimes related to burials and historic preservation, see individual crimes explained above
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What are the class designations for misdemeanors and felonies in the state?
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Civil or Administrative
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What are the civil sanctions related to burial protection in the state?
We are unable to locate information relevant to this question at this time.
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What are the administrative sanctions related to burial protection in the state?
We are unable to locate information relevant to this question at this time.
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Preservation of Burials and Compliance Therewith
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Laws Related to Preservation of Burials
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What are the time limitations for bringing a civil action related to the preservation of burials to court?
600.5813 Other personal actions.
Because it is not one of enumerated actions, the limitation is 6 years after the claims accrue.
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How are future interests in property involving burials subject to the rule against perpetuities?
554.351 -
No gift, grant, bequest or device for the purpose of providing the care or maintenance of any part of any cemetery (private or public) or anything contained therein shall be made invalid because of any statute or rule against perpetuities.
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How can the state exercise eminent domain over a cemetery or historic property?
§ 2 Eminent domain – generally -
Private property shall not be taken for public use without just compensation. Compensation shall be determined in proceedings in a court of record.
"Public use" does not include the taking of private property for transfer to a private entity for the purpose of economic development or enhancement of tax revenues.
In a condemning action, the burden of proof is on the condemning authority to demonstrate, by the preponderance of the evidence, that the taking of a private property is for public use (unless its blight, which requires clear and convincing evidence)
http://legislature.mi.gov/doc.aspx?mcl-Article-X-2
456.110, if the cemetery property is condemned That any such corporation whose property has been so condemned, shall have the right to purchase additional property for cemetery purposes within the corporate limits of any such village or city.
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How are conservation and preservation easements created in this state?
"Conservation easement" means an interest in land that provides limitation on the use of land or a body of water or requires or prohibits certain acts on or with respect to the land or body of water, whether or not the interest is stated in the form of a restriction, easement, covenant, or condition in a deed, will, or other instrument executed by or on behalf of the owner of the land or body of water or in an order of taking, which interest is appropriate to retaining or maintaining the land or body of water, including improvements on the land or body of water, predominantly in its natural, scenic, or open condition, or in an agricultural, farming, open space, or forest use, or similar use or condition.
http://legislature.mi.gov/doc.aspx?mcl-324-2140
324.3121
A conservation easement granted to a governmental entity or to a charitable or educational association, corporation, trust, or other legal entity is enforceable against the owner of the land or body of water subject to the easement despite a lack of privity of estate or contract, a lack of benefit running to particular land or a body of water, or the fact that the benefit may be assigned to another governmental entity or legal entity, including a conservation easement executed before March 31, 1981. The easement shall be recorded with the register of deeds in the county in which the land is located to be effective against a bona fide purchaser for value without actual notice.
http://legislature.mi.gov/doc.aspx?mcl-324-2141
"Historic preservation easement" means an interest in land that provides a limitation on the use of a structure or site that is listed as a national historic landmark under the national historic sites, buildings, and antiquities act; is listed on the national register of historic places pursuant to the national historic preservation act of 1966; is listed on the state register of historic sites pursuant to Act No. 10 of the Public Acts of 1955; or is recognized under a locally established historic district created pursuant to the local historic districts act, or requires or prohibits certain acts on or with respect to the structure or site, whether or not the interest is stated in the form of a restriction, easement, covenant, or condition in a deed, will, or other instrument executed by or on behalf of the owner of the structure or site or in an order of taking, if the interest is appropriate to the preservation or restoration of the structure or site.
http://legislature.mi.gov/doc.aspx?mcl-324-2140
A historic preservation easement granted to a governmental entity or to a charitable or educational association, corporation, trust, or other legal entity whose purposes include the preservation or restoration of structures or sites described in section 2140(b) is enforceable against the owner of the structure or site subject to the easement despite a lack of privity of estate or contract, a lack of benefit running to the particular structure or site, or the fact that the benefit may be assigned to another governmental entity or legal entity whose purposes include the preservation or restoration of structures or sites described in section 2140(b), including a historic preservation easement executed before March 31, 1981. The easement shall be recorded with the register of deeds in the county in which the land is located to be effective against a bona fide purchaser for value without actual notice.
http://legislature.mi.gov/doc.aspx?mcl-324-2142
Creation of conservation or historic preservation easement
A conservation easement or historic preservation easement is an interest in real estate, and a document creating 1 of those easements shall be considered a conveyance of real estate and shall be recorded in accord with Act No. 103 of the Public Acts of 1937, in relation to the execution and recording of instruments. The easement shall be enforced either by an action at law or by an injunction or other equitable proceedings.
A conservation easement may be assigned to a governmental or other legal entity, which shall acquire that interest in the same manner as the governmental entity or legal entity acquires an interest in land.
A historic preservation easement may be assigned to a governmental or other legal entity whose purposes include the preservation or restoration of structures or sites described in section 2140(b), and the governmental or legal entity shall acquire that interest in the same manner as the governmental entity or legal entity acquires an interest in land.
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How does the state create authorized rights-of-way through cemetery property?
752.73 - If any person shall open or make any highway, or shall construct any railroad, turnpike or canal, or any other thing in the nature of a public easement, over, through, in or upon, such part of any enclosure, being the property of a township, city, religious society, or of any other body corporate, or of private proprietors, as may be used or appropriated for the burial of the dead, unless an authority for that purpose shall be specially granted by law, or unless the consent of such township, city, religious society, body corporate or proprietors respectively, shall be first obtained, he shall be punished by fine not exceeding 2,000 dollars, or imprisonment in the county jail not more than 1 year.
http://legislature.mi.gov/doc.aspx?mcl-752-73
Also, according to 456.110, if the cemetery property is condemned That any such corporation whose property has been so condemned, shall have the right to purchase additional property for cemetery purposes within the corporate limits of any such village or city.
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To what extent are burial grounds and cemeteries open to the public in this state?
324.82126 - One cannot ride a snowmobile on or across a cemetery or burial ground
http://legislature.mi.gov/doc.aspx?mcl-324-82126
750.167d - Within 500 feet of a location where a funeral, memorial service, or viewing of a deceased person is being conducted, one cannot: make loud noises after being asked to stop, make rude or intimidating gestures, or disturb the proceedings.
http://legislature.mi.gov/doc.aspx?mcl-750-167d
A violator is deemed a disorderly person, and is guilty of a felony and punishable by imprisonment for not more than 2 years or a fine of not more than $5,000.00, or both, unless the person was previously convicted under this section. Then the penalty increases to imprisonment for not more than 4 years or a fine of not more than $10,000.00, or both.
punishment 750.168 http://legislature.mi.gov/doc.aspx?mcl-750-168
750.67 One cannot keep or take animals to a cemetery; violators will be guilty of a misdemeanor.
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How are the transfer of cemetery lots and the disposition of cemetery land regulated?
Selling - 456.181 - A legal entity organized under any law of this state for the purpose of establishing or maintaining a cemetery may sell, assign, transfer, or convey to any municipal corporation in which the cemetery is located or to any municipal corporation within 10 miles of the municipal corporation in which that cemetery is located all or any part of its assets, rights, franchises, and liabilities
http://legislature.mi.gov/doc.aspx?mcl-456-181
Selling- 128.52 - board of directors, or board of trustees, of such cemetery association can contract for the sale of such cemetery to such city or village, provided, however, That the contract is authorized by a 3/4 vote of the scrip holders or stockholders of such cemetery association, at a special meeting called for that purpose with ample notice. Moreover, the cemetery association has to agree to provide, within a reasonable distance from such city or village, a cemetery ground suitable for the reinterment of such dead bodies and remains as are ordered to be vacated: Furthermore, the cemetery association must agree to reinter such dead bodies and remains, except as to such as are interred in the lots of objecting lot owners or grave owners
http://legislature.mi.gov/doc.aspx?mcl-128-52
transfer via annexation, 78.10 - no cemetery within an annexed territory shall be sold; but to the extent it is owned by the city, village or township within which it was located, it shall become the property of the village to which it is annexed.
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How will the state regulate or sell unsuitable or condemned cemetery property?
128.12 - If the owner of a burial space in a public cemetery, subject to the provisions of this act, fails and neglects for a period of 7 years or more to care for and maintain the burial space in accordance with the laws, rules, and regulations relating to the care and maintenance of burial spaces, the cemetery board may institute proceedings for the termination and forfeiture of the owner's rights and interest in the burial space.
http://legislature.mi.gov/doc.aspx?mcl-128-12
128.31 Vacation of cemetery in a township - When a complaint is made in writing to the board of trustees of a township in this state, by 10 or more residents of the township, setting forth the fact that a private cemetery within the bounds of the township should be removed for the reason that the cemetery has become commons, has become neglected or abandoned by its owner or owners, has become a public nuisance, shall impede the growth of a city or village in the township, or when a private cemetery endangers the health of the people living in the immediate vicinity of the private cemetery, the township board of trustees immediately shall institute proceedings to vacate the cemetery in the manner provided in this act. The circuit court for the county in which the cemetery is located may vacate the private cemetery, or a part of the private cemetery, on petition made to the court as provided in this act.
http://legislature.mi.gov/doc.aspx?mcl-128-31
128.41 Vacation of cemetery in a city or village – as above except the instigating party is the trustee of the village or the city council members
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What is the procedure for abandoning burial grounds or cemetery lots?
128.34 When a cemetery is vacated via 128.31, the township board of trustees is required to reinter all the dead bodies and remains buried in the cemetery into the cemetery of the township, if it has a cemetery, and if not, then in some suitable cemetery in an adjoining township in a respectful manner. They are also responsible for removing and erecting again over the proper remains any permanent fences around graves and lots, tombstones, and monuments, with as little injury possible.
If the cemetery vacated belongs to a religious society or church, and another suitable cemetery belonging to the same church or denominational society exists within the township or an adjoining township, then the removal may be made to that cemetery instead of to the township cemetery. A removal of bodies and remains shall not be made during June, July, August, or September, except in the Upper Peninsula.
http://legislature.mi.gov/doc.aspx?mcl-128-34
128.44 (from village one) – see above except the range for reburial is not more than 6 miles from the nearest corporate limits of the city or village.
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What is the procedure for removing or replacing headstones?
We are unable to locate information relevant to this question at this time.
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How will the state preserve historical or archaeological resources threatened by public construction or public works?
Definitions - 399.201a
"Historic district" means an area, or group of areas not necessarily having contiguous boundaries, that contains 1 resource or a group of resources that are related by history, architecture, archaeology, engineering, or culture.
"Historic preservation" means the identification, evaluation, establishment, and protection of resources significant in history, architecture, archaeology, engineering, or culture.
"Historic resource" means a publicly or privately owned building, structure, site, object, feature, or open space that is significant in the history, architecture, archaeology, engineering, or culture of this state or a community within this state, or of the United States.
http://legislature.mi.gov/doc.aspx?mcl-399-201a
125.1679 Historic sites protection
A public facility, building, or structure that is determined by the municipality to have significant historical interests shall be preserved in a manner as considered necessary by the municipality in accordance with laws relative to the preservation of historical sites.
http://legislature.mi.gov/doc.aspx?mcl-125-1679
399.205 – permits are required before working on a site protected by these rules.
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What are the procedures for excavating or removing remains or archaeological resources on public lands?
324.76102- The state reserves exclusive right and privilege of exploring, surveying, excavating, and regulating through its authorized officers, agents, and employees, all aboriginal records and other antiquities, including mounds, earthworks, forts, burial and village sites, mines or other relics, and abandoned property of historical or recreational value found upon or within any of the lands owned by or under the control of the state.
The state reserves to itself a possessory right or title superior to that of a finder to abandoned property of historical or recreational value found on the state owned bottomlands of the Great Lakes. This property shall belong to this state with administration and protection jointly vested in the department and the department of history, arts, and libraries. (ERO – to natural resources.)
http://legislature.mi.gov/doc.aspx?mcl-324-76102
324.76105 - (1) A person, either personally or through an agent or employee, shall not explore or excavate an aboriginal remain covered by this part upon lands owned by the state, except as authorized by a permit issued by the department, with written approval of the department of natural resources, (ERO CHANGED). A permit shall be issued without charge
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What are the procedures for excavating or removing remains or archaeological resources on private lands?
324.76106 - Without the consent of the land owner, a person shall not remove any relics or records of antiquity such as human or other bones; shells, stone, bone, or copper implements; pottery or shards of pottery, or similar artifacts and objects from the premises where they have been discovered.
http://legislature.mi.gov/doc.aspx?mcl-324-76106
Ero – natural resources
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What are the procedures for discoveries of human remains and artifacts of cultural significance?
For private or public lands, see above
And see How does the state identify, preserve, and control Native American sacred sites?
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What are the procedures for the disposition of human remains and funerary artifacts?
For private or public lands, see above
And see How does the state identify, preserve, and control Native American sacred sites?
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What are the procedures for the removal and re-interment of human remains from cemeteries?
333.2853 – permits are required for disinterment and reinterment before disinterment of a dead body. The local health department in whose jurisdiction the body is interred shall issue the permit upon proper application by a licensed funeral director or person acting as a funeral director in accordance with rules promulgated by the department.
If a required consent cannot be obtained, a person may petition the circuit court of the county in which the cemetery is located for a disinterment order.
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How does the state regulate the opening and construction of highways through burial grounds or cemeteries?
752.73 Unauthorized construction of way through cemetery
If any person shall open or make any highway, construct any railroad, turnpike or canal, or any other public easement, over, through, in or upon, part of any enclosure, as may be used or appropriated for the burial of the dead, that person shall be punished by fine not exceeding 2,000 dollars, or imprisonment in the county jail not more than 1 year, unless an authority for that purpose shall be specially granted by law or by the consent of the owner
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How does the state identify, preserve, and control Native American sacred sites?
324.76102 - (1) The state reserves to itself the exclusive right and privilege, except as provided in this part, of exploring, surveying, excavating, and regulating through its authorized officers, agents, and employees, all aboriginal records and other antiquities, including mounds, earthworks, forts, burial and village sites, mines or other relics, and abandoned property of historical or recreational value found upon or within any of the lands owned by or under the control of the state.
(2) The state reserves to itself a possessory right or title superior to that of a finder to abandoned property of historical or recreational value found on the state owned bottomlands of the Great Lakes. This property shall belong to this state with administration and protection jointly vested in the department and the department of history, arts, and libraries.
(CHANGED TO THE Department of Natural Resources by E.R.O. No. 2009-26, compiled at MCL 399.752)
http://legislature.mi.gov/doc.aspx?mcl-324-76102
324.76105
A person, either personally or through an agent or employee, shall not explore or excavate an aboriginal remain covered by this part upon lands owned by the state, except as authorized by a permit issued by the department, with written approval
http://legislature.mi.gov/doc.aspx?mcl-324-76105
399.4 Historical commission; duties.
The commission shall collect, arrange, and preserve material, including records, archives, paintings, and statuary illustrative of and relating to the history of Michigan and the old northwest territory; procure and preserve narratives of the early pioneers; collect material concerning the Indian tribes in Michigan; collect, prepare, and display in the Michigan historical museum objects indicative of the life, customs, dress, and resources of the early residents of Michigan; and publish source materials and historical studies relative to and illustrative of the history of the state, including historical materials and studies furnished for that purpose by educational institutions and by the historical society of Michigan. The commission shall cooperate with and assist the historical society of Michigan and local historical societies in this state and help to organize new local historical societies of similar nature and purpose.
http://legislature.mi.gov/doc.aspx?mcl-399-4
ERO – dep nat resources
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How does the state preserve historical lands from surface mining?
See preservation of historical sites
Also
324.63103 Mining operations; rules.
On completion of the study and survey provided for in section 63102, the department may promulgate rules pertaining to mining operations conducted subsequent to their effective date and subject to the provisions of any rights existing pursuant to any permit, license, lease, or other valid existing authorization issued by a governmental entity, and subject to applicable mine safety laws or rules for the following purposes:
(a) The sloping, terracing, or other practical treatment of stockpiles and tailings basins where erosion is occurring or is likely to occur that results or may result in injury or damage to fish and wildlife or the pollution of public waters or that is causing or might cause injury to the property or person of others.
(b) The vegetation or other practical treatment of tailings basins and stockpiles upon becoming permanently inactive where substantial natural vegetation is not expected within 5 years and where research reveals that vegetation can reasonably be accomplished within practical limitations.
(c) The stabilization of the surface overburden banks of open pits in rock and the entire bank of open pits in unconsolidated materials upon their abandonment.
(d) The cleanup of plantsite and mining areas and the removal of debris from those areas on termination of the mining operation.
http://legislature.mi.gov/doc.aspx?mcl-324-63103
324.63205 Mining permit
An environmental impact assessment for the proposed mining operation that describes the natural and human-made features, including, but not limited to, flora, fauna, hydrology, geology, and geochemistry, and baseline conditions in the proposed mining area and the affected area that may be impacted by the mining, and the potential impacts on those features from the proposed mining operation. The environmental impact assessment shall define the affected area and shall address feasible and prudent alternatives.
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What are the procedures for the exploration of submerged graves and underwater sites?
324.76103 - The underwater salvage and preserve committee is created in the department to provide technical and other advice to the department with these responsibilities:
(a) Make recommendations with regard to the creation and boundaries of Great Lakes underwater preserves.
(b) Review applications for underwater salvage permits and make recommendations regarding issuance.
(c) Consider and make recommendations regarding the charging of permit fees and the appropriate use of revenue generated by those fees.
(d) Consider the need for and the content of rules intended to implement this part and make recommendations concerning the promulgation of rules.
(e) Consider and make recommendations concerning appropriate legislation.
(f) Consider and make recommendations concerning program operation.
http://legislature.mi.gov/doc.aspx?mcl-324-76103
ero – natural resources
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How is activity affecting aquatic beds regulated?
See above
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What are the procedures for transferring land and property containing historic or cultural resources?
399.113 - Any municipality may transfer the care and control of a historic site or property suitable as a historic site to the department of history, arts, and libraries. The transfer shall be upon terms and for a period of time as may be mutually agreed upon.
http://legislature.mi.gov/doc.aspx?mcl-399-113
ERO’d –nat resources
399.206 Grants, gifts, and programs.
The legislative body of a local unit may accept state or federal grants for historic preservation purposes, may participate in state and federal programs that benefit historic preservation, and may accept public or private gifts for historic preservation purposes. The legislative body may make the historic district commission, a standing committee, or other agency its duly appointed agent to accept and administer grants, gifts, and program responsibilities.
http://legislature.mi.gov/doc.aspx?mcl-399-206
ERO’d housing development authority
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What miscellaneous laws exist in this state to preserve human remains, burial places, and funerary objects?
See unlawfully excavating human remains
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What public health regulations exist for the removal and burial of human remains?
333.2853 – permits are required for disinterment and reinterment before disinterment of a dead body. The local health department in whose jurisdiction the body is interred shall issue the permit upon proper application by a licensed funeral director or person acting as a funeral director in accordance with rules promulgated by the department.
If a required consent cannot be obtained, a person may petition the circuit court of the county in which the cemetery is located for a disinterment order.
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How is environmental impact measured for historic and archeological resources?
125.1679 Historic sites protection
A public facility, building, or structure that is determined by the municipality to have significant historical interests shall be preserved in a manner as considered necessary by the municipality in accordance with laws relative to the preservation of historical sites.
http://legislature.mi.gov/doc.aspx?mcl-125-1679
See also historic preservation, above
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Activities Affecting Burials which Require State or Local Government Compliance
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What activities affecting burials require state or local government compliance?
We are unable to locate information relevant to this question at this time.
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Regulation by State or Local Government of Non-Governmental Burial-Related Activities
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What state regulations relate to non-governmental burial-related activities?
95.9 Privately owned cemeteries; ordinances governing.
A city council has power to pass all ordinances deemed necessary for the preservation and protection of any cemetery or burial place within the city, belonging to or under the control of any church, religious society, corporation, company or association, and for the protection and preservation of the tombs, monuments and improvements, and the relevant appurtenances.
http://legislature.mi.gov/doc.aspx?mcl-95-9
128.101 Private cemeteries in cities; fencing.
It is the duty of any owner of private cemeteries in cities where lots are sold for private or family burial purposes, to keep the cemetery enclosed at all times with a fence with self locking gates at the entrance and exit. The fence and gates to be erected under the direction of the council of the city have to be strong enough to keep out livestock
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What local regulations relate to non-governmental burial-related activities?
See above
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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?
456.101 That any group of 10 or more people may form a cemetery association via written agreement. The purpose of the association would be to purchase land for a cemetery in this state, and for fencing, laying out, improving, maintaining and establishing the same. No two corporations can assume the same name.
http://legislature.mi.gov/doc.aspx?mcl-456-101
450.183 – religious groups can form a similar corporation for the same purpose
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Who has the right to conduct archaeological field excavations?
324.76106 Removal of relics or records of antiquity; consent of landowner required.
Without the consent of the land owner, a person shall not remove any relics or records of antiquity such as human or other bones; shells, stone, bone, or copper implements; pottery or shards of pottery, or similar artifacts and objects from the premises where they have been discovered.
http://legislature.mi.gov/doc.aspx?mcl-324-76106
324.76105 Permit for exploration or excavation of aboriginal remain; exception.
(1) A person, either personally or through an agent or employee, shall not explore or excavate an aboriginal remain covered by this part upon lands owned by the state, except as authorized by a permit issued by the department, with written approval of the department of history, arts, and libraries, pursuant to part 13. A permit shall be issued without charge.
(2) Subsection (1) does not apply to the Mackinac Island state park commission on lands owned or controlled by the Mackinac Island state park commission.
http://legislature.mi.gov/doc.aspx?mcl-324-76105
324.76102 - (1) The state reserves to itself the exclusive right and privilege, except as provided in this part, of exploring, surveying, excavating, and regulating through its authorized officers, agents, and employees, all aboriginal records and other antiquities, including mounds, earthworks, forts, burial and village sites, mines or other relics, and abandoned property of historical or recreational value found upon or within any of the lands owned by or under the control of the state.
(2) The state reserves to itself a possessory right or title superior to that of a finder to abandoned property of historical or recreational value found on the state owned bottomlands of the Great Lakes. This property shall belong to this state with administration and protection jointly vested in the department and the department of history, arts, and libraries.
(CHANGED TO THE Department of Natural Resources by E.R.O. No. 2009-26, compiled at MCL 399.752)
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Who has custody rights of discovered human remains?
324.76102 -(1) The state reserves to itself the exclusive right and privilege, except as provided in this part, of exploring, surveying, excavating, and regulating through its authorized officers, agents, and employees, all aboriginal records and other antiquities, including mounds, earthworks, forts, burial and village sites, mines or other relics, and abandoned property of historical or recreational value found upon or within any of the lands owned by or under the control of the state.
(2) The state reserves to itself a possessory right or title superior to that of a finder to abandoned property of historical or recreational value found on the state owned bottomlands of the Great Lakes. This property shall belong to this state with administration and protection jointly vested in the department and the department of history, arts, and libraries.
(CHANGED TO THE Department of Natural Resources by E.R.O. No. 2009-26, compiled at MCL 399.752)
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Who has the ownership rights of archaeological specimens or objects of cultural significance?
See above
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What rights do nonresidents of the state maintain?
We are unable to locate information relevant to this question at this time.
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What has the authority to enforce criminal or unlawful actions regarding human remains and cultural resources?
We are unable to locate information relevant to this question at this time.
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Who has dominion and control of state historic or archaeological resources?
We are unable to locate information relevant to this question at this time.
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Who sits on the state historical commission, and how are these members appointed?
99.1
The commission shall consist of the following members:
(a) One member appointed by the speaker of the house of representatives.
(b) One member appointed by the senate majority leader.
(c) Seven members appointed by the governor by and with the advice and consent of the senate. One of the members appointed under this subdivision shall be a representative of the historical society of Michigan. The governor shall make this appointment from a list of 3 persons nominated by the historical society of Michigan.
(d) The director of the department, serving as an ex officio member.
http://legislature.mi.gov/doc.aspx?mcl-399-1
ero - natural resources
399.204 – FROM THE LOCAL HISTORIC DISTRIC ACT
Members must reside in the place they are governing. A majority of the members of the commission must have a clearly demonstrated interested in or knowledge of historic preservation. The members shall be appointed by the township supervisor, village president, mayor, or chairperson of the board of commissioners, unless another method of appointment is provided in the ordinance creating the commission. The commission of all local units must include as a member, if available, a graduate of an accredited school of architecture who has 2 years of architectural experience or who is an architect registered in this state.
If the local population has 5000 people or more, the commission must have between 7 and 9 members.
If the local population has between 5000 and 25000 people, the commission must appoint at least one member from a list of citizens submitted by one or more duly organized local historic preservation organizations.
If the local population has 25000 people or more, the commission must appoint at least two members from a list of citizens submitted by one or more duly organized local historic preservation organizations.
http://legislature.mi.gov/doc.aspx?mcl-399-204
E.R.O. housing development authority
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Who sits on the state historic preservation board and for how long?
399.2
(1) The governor shall appoint members of the commission under section 1(1)(c) for the following terms: One for 1 year, 1 for 2 years, 1 for 3 years, 1 for 4 years, 1 for 5 years, and 1 for 6 years, and thereafter 1 member annually for a term of 6 years until their successors shall have been appointed and qualified. The additional member appointed by the governor as provided for in the 2001 amendatory act that amended this section shall serve for a term of 6 years and until his or her successor is appointed and qualified.
(2) A member of the commission appointed to the commission by the speaker of the house of representatives or the senate majority leader under section 1(1)(a) or (b), respectively, shall hold office for a term of 2 years to coincide with the term of office of state representative.
http://legislature.mi.gov/doc.aspx?mcl-399-2
ero – natural resources
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For local historical district act
Initial members shall be appointed within 6 months after the ordinance establishing the commission is enacted. Members shall be appointed for 3-year terms except the initial appointments of some of the members shall be for less than 3 years so that the initial appointments are staggered and that subsequent appointments do not recur at the same time. Members shall be eligible for reappointment. A vacancy on the commission shall be filled within 60 calendar days by an appointment made by the appointing authority. The ordinance creating the commission may provide procedures for terminating an appointment due to the acts or omissions of the member.
For additional relevant info, see above answer
http://legislature.mi.gov/doc.aspx?mcl-399-204
E.R.O. housing development authority
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Scope of Authority
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What powers and responsibilities are delegated to cemetery associations in this state?
456.2
Such corporation shall have power to acquire and hold in fee, or for a term of years, land necessary for their burying ground. It must be that no land held shall be in any way encumbered by such corporation. Moreover, the purchase price of the land, and interest thereon, or the rent reserved for, and the costs of fencing, improving and platting the land shall be paid out of the funds first realized from the sale of rights of burial. Also, any lease of land to such corporations shall contain a covenant on the part of the lessor that the land thus leased shall never be used by him, his heirs or assigns, for any other than burial purposes, and that all rights of burial acquired under such corporation shall remain unimpaired (although such lease may expire, or such corporation may forfeit the rights acquired under such lease, by reason of non-compliance with the conditions thereof).
http://legislature.mi.gov/doc.aspx?mcl-456-2
also generally
456.530
(1) The commissioner (now within the ERO) shall institute and maintain a system of auditing trust funds required by this act and of registering each cemetery authorized to be created, maintained, and operated in this state, as well as any other cemetery operating under state law or local ordinance. A cemetery owned and operated by a municipal corporation, church, or religious institution is exempt from this act. However, a municipal corporation may pass ordinances necessary for regulating that municipal corporation's cemeteries.
(2) A cemetery for earth interment of 10 acres or less in size, which is owned and operated entirely and exclusively by an existing nonprofit entity and in which a burial has taken place before September 15, 1968, is exempt from the fee provisions of this act, shall have the trust fund required by this act audited at the discretion of the commissioner, and is exempt from the endowment care trust fund requirements of section 16, except for the report requirements if the cemetery maintains endowment and perpetual care trust funds.
http://legislature.mi.gov/doc.aspx?mcl-456-530
Department of Licensing and Regulation to the Department of Commerce, see E.R.O
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How are cemetery sales records to be kept?
456.530
(1) The commissioner (now within the ERO) shall institute and maintain a system of auditing trust funds required by this act and of registering each cemetery authorized to be created, maintained, and operated in this state, as well as any other cemetery operating under state law or local ordinance. A cemetery owned and operated by a municipal corporation, church, or religious institution is exempt from this act. However, a municipal corporation may pass ordinances necessary for regulating that municipal corporation's cemeteries.
(2) A cemetery for earth interment of 10 acres or less in size, which is owned and operated entirely and exclusively by an existing nonprofit entity and in which a burial has taken place before September 15, 1968, is exempt from the fee provisions of this act, shall have the trust fund required by this act audited at the discretion of the commissioner, and is exempt from the endowment care trust fund requirements of section 16, except for the report requirements if the cemetery maintains endowment and perpetual care trust funds.
http://legislature.mi.gov/doc.aspx?mcl-456-530
Department of Licensing and Regulation to the Department of Commerce, see E.R.O
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What power does the state have to acquire or purchase property of historic or archaeological significance?
399.111
The department of history, arts, and libraries may acquire and maintain historic sites for use by the public. The department of history, arts, and libraries may receive lands or rights to lands in the name of the state and for the benefit of the public by either purchase or gift. The department of history, arts, and libraries may enter into contracts for the purchase of historic sites listed on the state register of historic sites, and on fulfillment of the terms and conditions in a contract may accept a deed or deeds.
http://legislature.mi.gov/doc.aspx?mcl-399-111
(CHANGED TO THE Department of Natural Resources by E.R.O. No. 2009-26, compiled at MCL 399.752)
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How does the state manage park and historical sites?
324.74302
1) The department shall create a foundation to be known as the Michigan state parks foundation. The foundation shall exercise its powers, functions, and duties independently of the department of natural resources. The foundation shall be governed by an executive board consisting of the director who shall serve as a nonvoting ex officio member, and 13 voting members who shall be appointed by the governor.
(2) The members of the foundation who are appointed by the governor pursuant to subsection (1) shall serve for a term of 4 years or until a successor is appointed, whichever is later, except that of the members first appointed, 3 shall serve for 1 year, 3 shall serve for 2 years, and 3 shall serve for 3 years.
http://legislature.mi.gov/doc.aspx?mcl-324-74302
Michigan state parks foundation shall do the following:
(a) Determine those projects or undertakings for which the foundation will solicit funding. In determining projects to fund, the foundation shall select projects that enhance the use, preservation, enjoyment, or understanding of the natural and historic resources of the state parks through the following focus areas of need:
(i) Education and outreach.
(ii) Visitor information services and interpretive facilities.
(iii) Support for volunteer activities.
(iv) Employee support program.
(b) Maintain a current list and description of projects for which contributions are sought.
(c) Provide for methods by which persons who contribute to the foundation projects may be commemorated for their contributions.
(d) Advise potential contributors of all tax ramifications of contributions to the foundation.
(e) Invest assets of the foundation in any instrument, obligation, security, or property considered appropriate by the executive board of the foundation.
(f) Provide for receiving contributions in lump sums or periodic sums.
(g) Administer money collected by the foundation.
(h) Segregate contributions to the foundation into various accounts.
(i) Procure insurance against any loss in connection with the assets of the foundation or foundation activities.
(j) Enter into contracts on behalf of the foundation.
(k) Define the terms and conditions under which money may be disbursed by the foundation.
(l) Contract for goods and services and engage personnel as is necessary and engage the services of private consultants, actuaries, managers, legal counsel, and auditors for rendering professional, management, and technical assistance and advice, payable out of any money of the foundation. However, not more than 10% of the money of the foundation shall be used for the purpose of this subdivision or other administrative costs of the foundation.
(m) Exercise other powers necessary or convenient to carry out and effectuate the purposes, objectives, and provisions of this part, and the purposes of the foundation.
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What are the powers of municipal and county governments regarding park and historical sites?
Local commission’s boards of supervisors of counties can purchase, acquire by condemnation, accept gifts and devises of real estate for, and to improve and maintain public parks and zoological gardens, airports and landing fields. They can contribute to the improvement and maintenance of public parks and public zoological gardens, airports and landing fields, owned or held in trust by cities, villages or townships or used for the benefit of the public; They can make reasonable rules and regulations relative to the public use of park property and can provide penalties for violations of such rules and regulations.
http://legislature.mi.gov/doc.aspx?mcl-Act-90-of-1913
The governing body of a city, village, township, or county, or any combination thereof acting jointly, may create by ordinance a historical commission, provide for its appointment, and prescribe its functions
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How do county and municipal governments oversee cemetery property?
Act 215 of 1937 is an to authorize municipalities to own or control cemetery or burial grounds; to provide for perpetual care and maintenance; and to permit municipalities to authorize the creation of joint cemetery associations.
http://legislature.mi.gov/doc.aspx?mcl-Act-215-of-1937
See also vacation of cemetery in city, town or village
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What are the powers and duties of the state historical commission?
399.4 Historical commission; duties.
The commission shall collect, arrange, and preserve material, including records, archives, paintings, and statuary illustrative of and relating to the history of Michigan and the old northwest territory; procure and preserve narratives of the early pioneers; collect material concerning the Indian tribes in Michigan; collect, prepare, and display in the Michigan historical museum objects indicative of the life, customs, dress, and resources of the early residents of Michigan; and publish source materials and historical studies relative to and illustrative of the history of the state, including historical materials and studies furnished for that purpose by educational institutions and by the historical society of Michigan.
The commission shall cooperate with and assist the historical society of Michigan and local historical societies in this state and help to organize new local historical societies of similar nature and purpose.
http://legislature.mi.gov/doc.aspx?mcl-399-4
For transfer of powers and duties of department of history, arts, and libraries to department of natural resources, see E.R.O. No. 2009-26, compiled at MCL 399.752.
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How does the state historical commission register or include historical property?
399.154
The department may list a historic resource or site in the state register of historic sites and commemorate the resource or site with the placement of an official Michigan historical marker if the historic resource or site meets written criteria adopted by the department upon recommendation of the commission.
http://legislature.mi.gov/doc.aspx?mcl-399-154
Compiler's Notes: For transfer of powers and duties relating to promotion of history and the preservation of the state's historical resources to the department of natural resources, see E.R.O. No. 2009-26, compiled at MCL 399.752.
Application process:
(1) An application may be filed by 1 of the following persons or agencies:
(a) A person owning or in possession of a historic resource or site or a person having written consent from the owner or person in possession of a historic resource or site.
(b) A department or agency of this state or of a political subdivision of the state owning, controlling, or in possession of a historic resource or site.
(2) A person or agency may submit application to the center only on a form prescribed by and obtained from the center. The form shall include all requested information and be accompanied by the following attachments:
(a) Current images, as prescribed by the center.
(b) Documentation from a recognized and authoritative source acceptable to the center, supporting the historic significance of the historic resource. This documentation shall demonstrate the historic significance of the historic resource.
(c) Any additional documents required by the center.
(3) An application and all attachments submitted to the center under subsection (2) become the property of the state.
(4) An applicant other than an agency shall pay the center an application fee of $250.00 at the time an application is submitted. The center may not process an application without this fee. The center shall deposit the fee in the historical marker fund created in section 9. The center shall refund the fee if the center decides the historic resource is not eligible for a historical marker.
(5) The center shall review each application for completeness and accuracy. The center's review may include verification of the accuracy of furnished information and the location of the historic resource or site. The center may require the applicant to furnish additional information considered necessary to complete the center's review of the application and attachments. Center representatives may visit the site if necessary.
(6) Submission of an application does not guarantee that a historic resource or site will receive an official Michigan historical marker. If the center concludes that the application meets the criteria for the placement of an official Michigan historical marker, the center shall endorse the application and prepare marker text for presentation to the commission. However, if the center concludes that the application fails to meet a criterion or another requirement for placement of a marker, the center shall notify the applicant of that decision in writing and shall specify the reason or reasons why the application is denied.
http://legislature.mi.gov/doc.aspx?mcl-399-155
Compiler's Notes: For transfer of powers and duties relating to promotion of history and the preservation of the state's historical resources to the department of natural resources, see E.R.O. No. 2009-26, compiled at MCL 399.752.
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What are the powers and duties of the state archaeological commission?
399.4 Historical commission; duties.
The commission shall collect, arrange, and preserve material, including records, archives, paintings, and statuary illustrative of and relating to the history of Michigan and the old northwest territory; procure and preserve narratives of the early pioneers; collect material concerning the Indian tribes in Michigan; collect, prepare, and display in the Michigan historical museum objects indicative of the life, customs, dress, and resources of the early residents of Michigan; and publish source materials and historical studies relative to and illustrative of the history of the state, including historical materials and studies furnished for that purpose by educational institutions and by the historical society of Michigan. The commission shall cooperate with and assist the historical society of Michigan and local historical societies in this state and help to organize new local historical societies of similar nature and purpose.
http://legislature.mi.gov/doc.aspx?mcl-399-4
ERO – dep nat resources
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How is the rehabilitation and preservation of historic property conducted?
399.205
http://legislature.mi.gov/doc.aspx?mcl-399-205
In reviewing plans, the commission shall follow the United States secretary of the interior's standards for rehabilitation and guidelines for rehabilitating historic buildings, as set forth in 36 C.F.R. part 67. Design review standards and guidelines that address special design characteristics of historic districts administered by the commission may be followed if they are equivalent in guidance to the secretary of interior's standards and guidelines and are established or approved by the department. The commission shall also consider all of the following:
(a) The historic or architectural value and significance of the resource and its relationship to the historic value of the surrounding area.
(b) The relationship of any architectural features of the resource to the rest of the resource and to the surrounding area.
(c) The general compatibility of the design, arrangement, texture, and materials proposed to be used.
(d) Other factors, such as aesthetic value, that the commission finds relevant.
(e) Whether the applicant has certified in the application that the property where work will be undertaken has, or will have before the proposed project completion date, a fire alarm system or a smoke alarm
Compiler's Notes: For transfer of powers and duties of department of history, arts, and libraries or the Michigan historical center relating to the identification, certification, and preservation of historical sites to the Michigan state housing development authority, see E.R.O. No. 2009-26, compiled at MCL 399.752.
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What specific historic or cultural properties are regulated by the state’s historical commission?
See "How does the state historical commission register or include historical property?"
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Special Funding Sources
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Special Funding for Protection and Preservation of Burials
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How is the income from cemetery land to be used and dispersed in this state?
We are unable to locate information relevant to this question at this time.
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How is a state historic acquisition and preservation fund administered?
We are unable to locate information relevant to this question at this time.
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How are trust funds for the maintenance of cemeteries established and administered?
Townships can hold in trust funds or property for the purpose of caring or keeping for cemeteries
http://legislature.mi.gov/doc.aspx?mcl-128-71
If left in money it shall be invested as a permanent fund in interest bearing securities, the interest accrued should be used as designated in the trust, under the supervision or direction of the said board; and no part of such income shall be used or appropriated for other than the purposes expressed in said trust, except the paying of the clerk of the board for his services in carrying out the provisions of said trust, which amount shall be determined by the board.
http://legislature.mi.gov/doc.aspx?mcl-128-72
Neither the whole nor any part of the principal or income derived from said trust fund shall be either temporarily or permanently transferred to the general cemetery or other fund, or used for general cemetery purposes, or diverted in any way contrary to the provisions of the trust under which the same was received.
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How are state historic archives maintained?
Executive reorganization order (EXCERPT) E.R.O. No. 2009-26 (found at 399.752)
All of the authority, powers, duties, functions, responsibilities, personnel, equipment, and budgetary resources of the Department of History, Arts, and Libraries regarding the state archives program are transferred by Type II transfer to the Department of Natural Resources, including, but not limited to, any authority, powers, duties, functions, and responsibilities for state archives vested in the Department of History, Arts, and Libraries
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How may the state enter into private contracts for recovering and preserving historical artifacts?
Many agencies can enter into private contracts to accomplish their various goals, see 324.74304 Michigan state parks foundation duties section L.
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What funding exists for state historical education efforts?
324.74304
The foundation shall do the following (EXCERPT):
(a) Determine those projects or undertakings for which the foundation will solicit funding. In determining projects to fund, the foundation shall select projects that enhance the use, preservation, enjoyment, or understanding of the natural and historic resources of the state parks through the following focus areas of need:
(i) Education and outreach.
http://legislature.mi.gov/doc.aspx?mcl-324-74304
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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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Special Funding for Public Lands
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What special funding sources are there for protection and preservation of burials on public lands?
We are unable to locate information relevant to this question at this time.
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Special Funding for Private Lands
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What special funding sources are there for protection and preservation of burials on private lands?
We are unable to locate information relevant to this question at this time.
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State Recognition of Constituent Groups
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Laws Recognizing or Acknowledging Constituent Groups
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What laws are there recognizing or acknowledging constituent groups?
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What tribes are recognized by the state?
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Are the state-recognized tribes different from the federally-recognized tribes in the state?
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Enforcement Laws
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What laws are there related to enforcement of recognition or acknowledgment of constituent groups?
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Compliance Laws
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What laws are there related to compliance with recognition or acknowledgment of constituent groups?
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Regulatory Laws
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What laws are there related to regulation of recognition or acknowledgment of constituent groups?
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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?
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How are Indian sacred sites regulated?
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Is there a state Indian Affairs Commission or equivalent?
Yes - Act 195 of 1972 - an act to provide for the creation and functions of the commission on Indian affairs
http://legislature.mi.gov/doc.aspx?mcl-Act-195-of-1972
Compiler's Notes: For transfer of the functions, duties, and responsibilities of the Indian Affairs Commission from the Department of Management and Budget to the Director of the Department of Civil Rights as head of the department, see E.R.O. No. 1991-20 compiled at MCL 37.111 of the Michigan Compiled Laws.
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How is the state Indian Affairs Commission or equivalent composed?
16.711
(1) Within the executive office of the governor an Indian affairs commission is created to consist of 11 members appointed by the governor. Nine members shall have not less than 1/4 Indian heritage, 2 of whom shall be from Indian reservations and recommended by the intertribal council, 5 of whom shall be appointed by the governor from geographic areas representative of Indian population, and 2 of whom shall be appointed by the governor from a city having a population greater than 1,000,000 and 2 members at large, not necessarily Indian.
(2) All members shall be appointed for 3-year terms, not more than 4 of which shall expire in the same year except that of the members first appointed, 3 each shall be appointed for terms of 1, 2, and 3 years. A member appointed to fill a vacancy occurring otherwise than by expiration of a term shall be appointed for the unexpired term in accordance with subsection (1).
(3) The governor shall appoint the 2 additional members of the commission before April 1, 1979. Of the additional members appointed, 1 shall be for a term of 2 years and 1 for a term of 3 years.
http://legislature.mi.gov/doc.aspx?mcl-16-711
Compiler's Notes: For transfer of the functions, duties, and responsibilities of the Indian Affairs Commission from the Department of Management and Budget to the Director of the Department of Civil Rights as head of the department, see E.R.O. No. 1991-20 compiled at MCL 37.111 of the Michigan Compiled Laws.
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What are the powers and duties of the state Indian Affairs Commission?
16.715 Duties generally.
The commission shall:
(a) Appoint an executive director who shall serve as secretary to the commission and carry on the administrative and ministerial functions of the commission when it is not in session and who shall act in such other capacities as the commission directs.
(b) Approve employees required to carry out assigned responsibilities in accordance with civil service regulations and within limitations provided by law and prescribe their duties.
(c) Request the services of all state and local governmental departments and agencies to assure that Indian citizens have access to decision-making bodies, the policies of which affect the Indian population in any area.
(d) Actively consult with representatives of those federal agencies and departments having control over Indian affairs.
(e) Recommend to the legislature such legislation that will serve the interests of Indian residents in this state.
(f) Cooperate with such agencies that will aid in effectuating the purposes of this act.
(g) Apply for and accept grants and gifts from a governmental or private source.
(h) Submit a full written report of its activities and recommendations each year to the legislature and governor.
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Is there a state Indian cultural heritage commission?
See above
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Special Funding
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What special funding sources are there for state recognition or acknowledgment of constituent groups?
We are unable to locate information relevant to this question at this time.
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[1] All citations refer to the Michigan State Code (2010), which can be accessed in its entirety at http://www.legislature.mi.gov/(S(llt0rx45wulymsq24r0wut35))/mileg.aspx?page=home
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