Virginia 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?
Permits for excavation and scientific investigation; how obtained; penalties, ß 10.1-1003
Anyone wishing to excavate or remove any archaeological, paleontological, prehistoric, or historic feature of any cave on another person's property must first obtain a permit from the Department of Conservation and Recreation. Failure to obtain a permit constitutes a Class 1 misdemeanor.
A person applying for a permit must:
- Be a historic, scientific, or educational institution, or a professional or amateur historian, biologist, archaeologist or paleontologist, who is qualified and recognized in these areas of field investigations.
- Provide a detailed statement to the Department giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work.
- Provide data and results of any completed excavation, study, or collection at the first of each calendar year.
- Obtain the prior written permission of the owner if the site of the proposed excavation is on privately owned land.
- Carry the permit while exercising the privileges granted.
- Any violation of this subsection shall be punished as a Class 3 misdemeanor, and the permit shall be revoked.
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What is the criminal liability for unlawfully selling or purchasing human remains and funerary objects?
Penalty for trafficking in bodies, ß 32.1-303
Except as provided in ßß 32.1-299 and 32.1-302 (which allow the Health Commissioner to ship bodies to institutions for scientific study), if any person sells or buys any dead human body, or in any way traffics in the same, he shall be guilty of a Class 1 misdemeanor.
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What is the criminal liability for unlawfully taking or possessing human remains and funerary objects?
We are unable to locate information relevant to this question at this time.
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What is the criminal liability for unlawfully disturbing human remains and funerary objects?
We are unable to locate information relevant to this question at this time.
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What is the criminal liability for defacing or destroying historical or archaeological sites?
Vandalism; penalties, ß 10.1-1004
It is unlawful for any person, without written permission of the owner, to excavate, remove, destroy, injure, deface, or disturb any burial grounds, historic or prehistoric resources, or archaeological or paleontological sites, including relics; inscriptions; saltpeter workings; fossils; bones; remains of historical human activity; or any other such features which may be found in any cave. Caves owned by the state or designated as state archaeological sites are exceptions to this rule (these are subject to the provisions of the Virginia Antiquities Act (ß 10.1-2300 et seq.)).The provisions of this section do not apply to an owner of a cave on his own property. Any violation of this section shall be punished as a Class 1 misdemeanor.
Violations; penalty, ß 10.1-2306
It shall be unlawful to intentionally deface, damage, destroy, displace, disturb or remove any object of antiquity on any designated state archaeological site or state-controlled land. Any person who violates this section shall be guilty of a Class 1 misdemeanor.
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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?
Vandalism; penalties, ß 10.1-1004
It is unlawful for any person, without written permission of the owner, to excavate, remove, destroy, injure, deface, or disturb any burial grounds, historic or prehistoric resources, or archaeological or paleontological sites, including relics; inscriptions; saltpeter workings; fossils; bones; remains of historical human activity; or any other such features which may be found in any cave. Caves owned by the state or designated as state archaeological sites are exceptions to this rule (these are subject to the provisions of the Virginia Antiquities Act (ß 10.1-2300 et seq.)).The provisions of this section do not apply to an owner of a cave on his own property. Any violation of this section shall be punished as a Class 1 misdemeanor.
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What is the criminal liability for unlawfully taking or possessing monuments or gravestones?
We are unable to locate information relevant to this question at this time.
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What is the criminal liability for destroying or damaging petroglyphs and cave surfaces?
Vandalism; penalties, ß 10.1-1004
It is unlawful for any person, without written permission of the owner, to excavate, remove, destroy, injure, deface, or disturb any burial grounds, historic or prehistoric resources, or archaeological or paleontological sites, including relics; inscriptions; saltpeter workings; fossils; bones; remains of historical human activity; or any other such features which may be found in any cave. Caves owned by the state or designated as state archaeological sites are exceptions to this rule (these are subject to the provisions of the Virginia Antiquities Act (ß 10.1-2300 et seq.)).The provisions of this section do not apply to an owner of a cave on his own property. Any violation of this section shall be punished as a Class 1 misdemeanor.
Pollution; penalties, ß 10.1-1005
It is unlawful for any person, without written permission of the owner, to store, dump, litter, dispose of or otherwise place any refuse, garbage, dead animals, sewage, or toxic substances, in any cave or sinkhole. Any violation of this section shall be punished as a Class 1 misdemeanor.
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What specific laws restrict the alienation or use of historic burial places?
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?
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 abuse of corpse?
Violation of sepulture; defilement of a dead human body; penalties, ß 18.2-126
If a person unlawfully disinters or displaces a dead human body, or any part of a dead human body which has been deposited in any vault, grave or other burial place, he is guilty of a Class 4 felony.
If a person willfully and intentionally physically defiles a dead human body he is guilty of a Class 6 felony. For the purposes of this section, the term "defile" shall not include any autopsy or the recovery of organs or tissues for transplantation, or any other lawful purpose.
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What other general state criminal laws affect human remains and burial places?
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 defined; how punished, ß 18.2-95
Any person who commits larceny from the person of another of money or other thing of value of $5 or more, commits simple larceny not from the person of another of goods and chattels of the value of $200 or more, or commits simple larceny not from the person of another of any firearm, regardless of the firearm's value, shall be guilty of grand larceny, punishable by imprisonment in a state correctional facility for between one and twenty years or, in the discretion of the court, be confined in jail for a period not exceeding twelve months or fined not more than $2,500, either or both.
Petit larceny defined; how punished, ß 18.2-96
Any person who commits larceny from the person of another of money or other thing of value of less than $5, or commits simple larceny not from the person of another of goods and chattels of the value of less than $200, except as provided in subdivision (iii) of ß 18.2-95 (which covers firearm theft), shall be deemed guilty of petit larceny, which shall be punishable as a Class 1 misdemeanor.
Larceny with intent to sell or distribute; sale of stolen property; penalty, ß 18.2-108.01
Any person who commits larceny of property with a value of $200 or more with the intent to sell or distribute such property is guilty of a felony punishable by confinement in a state correctional facility for not less than two years nor more than 20 years. The larceny of more than one item of the same product is evidence of intent to sell or intent to distribute for sale.
Any person who sells, attempts to sell, or possesses with intent to sell or distribute any stolen property with a total value of $200 or more where he knew or should have known that the property was stolen is guilty of a Class 5 felony.
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What are the general state criminal laws for receiving stolen property?
Receiving, etc., stolen goods, ß 18.2-108
If any person buys, receives, or aids in concealing any knowingly stolen goods, he shall be deemed guilty of larceny and may be brought to trial, even if the principal offender is not convicted.
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What are the general state criminal laws for unlawful trespass?
Trespass after having been forbidden to do so; penalties, ß 18.2-119
If any person without authority of law goes upon or remains upon the lands, building, or premises of another after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian, or by a sign posted by such persons or by the holder of any easement or other right-of-way at a place where it or they may be reasonably seen, or if any person, whether he is the owner, tenant or otherwise entitled to the use of such land, goes upon that land after having been prohibited from doing so by a court, he shall be guilty of a Class 1 misdemeanor.
Entering property of another for purpose of damaging it, etc, ß 18.2-121
It shall be unlawful for any person to enter the land, dwelling, outhouse or any other building of another for the purpose of damaging the property or any of its contents, or in any manner to interfere with the rights of the owner, user, or occupant to use the property free from interference. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.
However, if a person intentionally selects the property entered because of the race, religious conviction, color, or national origin of the owner, user, or occupant of the property, the person shall be guilty of a Class 6 felony, and the penalty upon conviction shall include a term of confinement of at least six months, 30 days of which shall be a mandatory minimum term of confinement.
Trespass at night upon any cemetery, ß 18.2-125
If any person, without the consent of the owner, proprietor or custodian, go or enter in the nighttime, upon the premises, property, driveways or walks of any cemetery, either public or private, for any purpose other than to visit the burial lot or grave of some member of his family, he shall be guilty of a Class 4 misdemeanor.
Injuries to churches, church property, cemeteries, burial grounds, etc.; penalty, ß 18.2-127
Any person who willfully or maliciously commits any of the following acts is guilty of a Class 1 misdemeanor:
- Destroys, removes, cuts, breaks, or injures any tree, shrub, or plant on any church property or within any cemetery or lot of any memorial or monumental association;
- Destroys, mutilates, injures, or removes and carries away any flowers, wreaths, vases, or other ornaments placed within any church or on church property, or placed upon or around any grave, tomb, monument, or lot in any cemetery, graveyard, or other place of burial; or
- Obstructs proper ingress to and egress from any church or any cemetery or lot belonging to any memorial or monumental association.
Any person who willfully or maliciously destroys, mutilates, defaces, injures, or removes:
- any object or structure permanently attached or affixed within any church or on church property,
- any tomb, monument, gravestone, or other structure placed within any cemetery, graveyard, or place of burial, or within any lot belonging to any memorial or monumental association, or
- any fence, railing, or other work for the protection or ornament of any tomb, monument, gravestone, or other structure aforesaid, or of any cemetery lot within any cemetery is guilty of a Class 6 felony.
A person convicted under this section who is required to pay restitution by the court shall be required to pay restitution to the church, if the property damaged is property of the church, or to the owner of a cemetery, if the property damaged is located within such cemetery, regardless of whether the property damaged is owned by the cemetery or by another person.
This section shall not apply to any work which is done by the authorities of a church or congregation in the maintenance or improvement of any church property or any burial ground or cemetery belonging to it and under its management or control and which does not injure or result in the removal of a tomb, monument, gravestone, grave marker or vault.
For purposes of this section, "church" shall mean any place of worship, and "church property" shall mean any educational building or community center owned or rented by a church.
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What are the general state criminal laws for mischief?
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 damage to property?
Entering property of another for purpose of damaging it, etc., ß 18.2-121
It shall be unlawful for any person to enter the land, dwelling, outhouse or any other building of another for the purpose of damaging the property or any of its contents, or in any manner to interfere with the rights of the owner, user, or occupant to use the property free from interference. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.
However, if a person intentionally selects the property entered because of the race, religious conviction, color, or national origin of the owner, user, or occupant of the property, the person shall be guilty of a Class 6 felony, and the penalty upon conviction shall include a term of confinement of at least six months, 30 days of which shall be a mandatory minimum term of confinement.
Injuring, etc., any property, monument, etc., ß 18.2-137
If any person unlawfully destroys, defaces, damages or removes without the intent to steal any property, real or personal, not his own, he shall be guilty of a Class 3 misdemeanor. However, the court may, in its discretion, dismiss the charge if the locality or organization responsible for maintaining the injured property, monument, or memorial files a written affidavit with the court stating it has received full payment for the injury.
If any person intentionally causes such injury, he shall be guilty of
- a Class 1 misdemeanor if the value of or damage to the property, memorial or monument is less than $1,000 or
- a Class 6 felony if the value of or damage to the property, memorial or monument is $1,000 or more.
The amount of loss caused by the destruction, defacing, damage or removal of such property, memorial or monument may be established by proof of the fair market cost of repair or fair market replacement value. Upon conviction, the court may order that the defendant pay restitution.
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What are the general state criminal laws for hate crimes?
We are unable to locate information relevant to this question at this time.
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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?
We are unable to locate information relevant to this question at this time.
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How is the collection or removal of historical and archaeological resources restricted in this state?
Civil action for racial, religious, or ethnic harassment, violence or vandalism, ß 8.01-42.1
Anyone subjected to acts of vandalism directed against his personal property, where such acts are motivated by racial, religious, or ethnic animosity, can sue for civil damages or injunctive relief. An aggrieved party who successfully sues under this section is entitled to damages (including punitive damages), as well as the cost of litigation and reasonable attorneys' fees.
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What specific laws restrict the alienation or use of historic burial places?
We are unable to locate information relevant to this question at this time.
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Time Limits for Bringing Criminal Action
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What time limits govern the initiation of a criminal action related to the protection of burials?
Limitation of prosecutions, ß 19.2-8
A prosecution for a misdemeanor, or any pecuniary fine or penalty, shall be commenced within one year. Exception: a prosecution for petit larceny may be commenced within five years after commission of the offense. Nothing in this section applies to any person fleeing from justice or concealing himself to avoid arrest.
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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?
Personal action for injury to person or property generally; extension in actions for malpractice against health care provider, ß 8.01-243
Every action for injury to property shall be brought within five years after the cause of action accrues.
Trustee for purpose of suit, ß 57-24.1
In the case of any private or family graveyard, where no trustees have been designated, and it appears that the interest of justice may be served by the appointment of a trustee or trustees for the purpose of suing or being sued, the local court of record, on the petition of any interested party, may appoint a trustee or trustees for the purpose of suing or being sued. The petitioner shall bear the expense of such proceedings, provided that, in the event a recovery is effected on behalf of such trustee or trustees, costs shall be taxed as provided by law.
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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?
Punishment for conviction of felony; penalty, ß 18.2-10
The authorized punishments for conviction of a felony are:
(a) For Class 1 felonies:
a. If the person convicted was 18 years of age or older at the time of the offense and is not determined to be mentally retarded, death or imprisonment for life and a fine of no more than $100,000.
b. If the person was under 18 years of age at the time of the offense or is determined to be mentally retarded, the punishment shall be imprisonment for life and a fine of no more than $100,000.
(b) For Class 2 felonies, imprisonment for life or for any term no less than 20 years and a fine of no more than $100,000.
(c) For Class 3 felonies, a term of imprisonment of no less than five years nor more than 20 years and a fine of no more than $100,000.
(d) For Class 4 felonies, a term of imprisonment of no less than two years nor more than 10 years and a fine of no more than $100,000.
(e) For Class 5 felonies, a term of imprisonment of no less than one year nor more than 10 years, and/or confinement in jail for no more than 12 months and a fine of no more than $2,500.
(f) For Class 6 felonies, a term of imprisonment of no less than one year nor more than five years, and/or confinement in jail for no more than 12 months and a fine of no more than $2,500.
(g) Except as specifically authorized in subdivision (e) or (f), or in Class 1 felonies for which a sentence of death is imposed, the court shall impose either a sentence of imprisonment together with a fine, or imprisonment only. However, if the defendant is not a natural person, the court shall impose only a fine.
Since July 1, 2000, the court has been obligated to impose an additional term of between six months and three years for any felony offense that involves incarceration. This additional term is suspended upon the successful completion of a period of post-release supervision.
Punishment for conviction of misdemeanor, ß 18.2-11
The authorized punishments for conviction of a misdemeanor are:
(a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.
(b) For Class 2 misdemeanors, confinement in jail for not more than six months and a fine of not more than $1,000, either or both.
(c) For Class 3 misdemeanors, a fine of not more than $500.
(d) For Class 4 misdemeanors, a fine of not more than $250.
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What are the class designations for misdemeanors and felonies in the state?
We are unable to locate information relevant to this question at this time.
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Civil or Administrative
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What are the civil sanctions related to burial protection in the state?
Action for injury to cemetery property, ß 8.01-44.6
The owner or operator of a cemetery company may bring an action to recover damages sustained, together with costs and reasonable attorneys' fees, against any person who willfully or maliciously destroys, mutilates, defaces, injures, or removes:
- any tomb, monument, gravestone, or other structure placed within
- any cemetery, graveyard, or place of burial, or
- any lot belonging to any memorial or monumental association, or
- any fence, railing, or other work for the protection or ornament of
- any tomb, monument, gravestone, or other structure aforesaid, or
- any cemetery lot within any cemetery.
The cemetery owner or operator may recover, as part of damages sustained, the cost of repair or replacement of damaged property, including any labor costs, regardless of whether the property damaged is owned by the cemetery or by another person.
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What are the administrative sanctions related to burial protection in the state?
Board shall promulgate regulations; penalty, ß 10.1-2205
Any person who violates any regulation promulgated by the Board of Historic Resources shall be subject to a civil penalty not to exceed $500. Any civil penalty collected pursuant to this section shall be deposited into the state treasury.
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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?
We are unable to locate information relevant to this question at this time.
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How are future interests in property involving burials subject to the rule against perpetuities?
We are unable to locate information relevant to this question at this time.
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How can the state exercise eminent domain over a cemetery or historic property?
Right of eminent domain of public service corporations, ß 62.1-98
Any public service corporation that supplies hydroelectric power and energy to the public has the right to acquire any property – including public or private cemetery property – needed for the construction, enlargement, maintenance or operation of any dam, reservoir, or power station. Compensation must be paid to the owners and tenants of the property taken or damaged.
Before a corporation may flood or otherwise use a cemetery acquired through eminent domain, it must remove the bodies and re-inter them in another location, along with any headstones, monuments or other structures.
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How are conservation and preservation easements created in this state?
Definitions, ß 10.1-1700
An "open-space easement" is created when a public body grants the state a right to use its property in order to preserve its historical, architectural or archaeological aspects.
"Open-space land" includes any land which is provided or preserved for historic or scenic purposes.
"Public body" means any state agency having authority to acquire land for a public use, or any county or municipality, any park authority, any public recreational facilities authority, any soil and water conservation district, any community development authority, or the Virginia Recreational Facilities Authority.
Authority of public bodies to acquire or designate property for use as open-space land, ß 10.1-1701
Any public body may acquire property – through purchase, gift, devise, bequest, grant or otherwise – and designate that property to be retained and used for the preservation of open-space land. The public body must have an interest in the property of no less than five years' duration. No property or interest in property shall be acquired by eminent domain by any public body for the purposes of this chapter
Diversion of property from open-space land use; conveyance or lease of open-space land, ß 10.1-1704
A public body may convey or lease any real property it has acquired and which has been designated for open-space land use. The conveyance or lease shall be subject to contractual arrangements that will preserve the property as open-space land, unless the property is to be converted or diverted from open-space land use (for details on how this may be done, see section A of the full statute).
Chapter controlling over other laws; powers supplemental, ß 10.1-1705
If the provisions of this chapter conflict with another law, these provisions take precedence.
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How does the state create authorized rights-of-way through cemetery property?
We are unable to locate information relevant to this question at this time.
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To what extent are burial grounds and cemeteries open to the public in this state?
Access to cemeteries located on private property; cause of action for injunctive relief; applicability, ß 57-27.1
Owners of private property on which a cemetery or graves are located must allow access to the cemetery by:
- family members and descendants of deceased persons buried there;
- any cemetery plot owner; and
- any person engaging in genealogy research, who has given reasonable notice to the owner or the occupant of the property or both.
Any person denied reasonable access to a cemetery may bring an action in the circuit court where the property is located to force the owner of the property to allow him access. This provision does not apply to any deed or other document that creates or reserves a cemetery or gravesite on private property.
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How are the transfer of cemetery lots and the disposition of cemetery land regulated?
Proceedings for removal of remains and sale of land vacated, ß 57-39
When the owners or trustees of a graveyard cannot conveniently administer the graveyard because:
- one or more of them is underage or suffers from a disability, or
- they are too numerous, or
- the identities or residences of one or more of them is unknown
- one or more of these owners or trustees can file a bill in the circuit court to have
- the remains removed to a more suitable repository,
- the land sold, and
- the costs of removal and reinterment and the costs of suit (including reasonable attorney's fees) paid out of the proceeds of the sale.
Any county, city or town in Virginia may do the same with a private graveyard or pauper's graveyard within its boundaries if:
- the private graveyard
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- is not connected with any church or church property and
- is in a condition of neglect or disuse, or
- the pauper's graveyard
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- is in a condition of neglect, or disuse, or
- is located in a location which is inappropriate for its continued use as a burial ground.
The following people shall be made defendants to the bill:
- all owners of the graveyard or any person having a right in the graveyard
- (in the case of a pauper's graveyard) the dedicator and his heirs or successors in interest, whether known or unknown
The bill must show
- the title of the land,
- the interest of all parties, so far as known, and
- the reasons why relief is sought and should be granted.
The court may distribute any surplus of the proceeds of sale among the owners of the land sold or the other entitled parties. In the case of a pauper's graveyard, the court may permit the proceeds of the sale to be utilized for other public uses of a charitable nature.
If a graveyard's only access route runs through another person's land, the graveyard cannot be sold without the consent of that person.
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How will the state regulate or sell unsuitable or condemned cemetery property?
Condemnation of cemeteries, ß 25.1-105
This title, which empowers state and private entities to acquire land for public use via eminent domain, does not authorize the condemnation of any cemetery or burial ground. The authority to condemn any cemetery or burial ground must be specifically as provided by law (see ß 33.1-133 -- ß 33.1-136, ß 57-36 -- ß 57-38, and ß 62.1-98 below).
Contents of petition for condemnation, ß 33.1-135
The contents of the petition must contain the reasons why it is practical to acquire such land and remove any human remains interred therein.
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What is the procedure for abandoning burial grounds or cemetery lots?
Abandoned graveyards may be condemned; removal of bodies, ß 57-36
When a graveyard has been abandoned, or is unused and neglected by the owners, and the graveyard is necessary for public purposes, the county, city or town may acquire title to the burying ground by condemnation proceedings. The court may require the county, city or town to acquire the whole burying ground, use whatever part is necessary for its purposes, and sell the rest. If possible, the remains interred in the graveyard must be removed to another cemetery.
Proceedings by landowner for removal of remains from abandoned family graveyard, ß 57-38.1
A landowner with an abandoned family graveyard on his property can file a bill in the circuit court to have the bodies transferred to a more suitable location when:
- no body has been interred in the graveyard for twenty-five years, and
- either:
no one claims rights to the graveyard, or
the beneficiaries waive their rights.
If the court grants the removal and reinterment, the petitioning landowner will pay all expenses.
Proceedings by heir at law or descendant for removal of ancestor's remains from abandoned family graveyard, ß 57-38.2
Any heir or descendant of a deceased person interred in an abandoned family graveyard in which no body has been interred for twenty-five years may file a bill in the circuit court in order to have the remains transferred to a more suitable location. If the court grants the removal and reinterment, the petitioning heir or descendant will pay all expenses.
Removal and reinterment may be granted regardless of whether:
- anyone has reserved rights in the graveyard or
- the beneficiaries desire to waive their rights.
Recovery of abandoned interment rights; procedure; rights of owner of record, ß 57-39.1:1 When interment rights that have been granted by the owner of a cemetery are not used for a period of fifty years or more, they shall be considered abandoned and revert to the owner of the cemetery. The procedure for reversion is as follows:
- The owner of the cemetery shall send notice by certified mail to the owner of the interment right, his heirs, and any next of kin known to the cemetery.
- If a written response is received, the interment rights shall not be deemed abandoned and shall continue for an additional fifty years.
- If notice is returned undeliverable or if no response is received within thirty days after notice was sent, the cemetery shall publish a general notice of its intent to declare the interment rights abandoned in a newspaper.
- If there is no response within 120 days after publication of the notice, the interment rights shall be deemed abandoned and shall revert to the owner of the cemetery.
- If a written response is received by the cemetery, the interment rights shall not be deemed abandoned and shall continue for an additional fifty years.
If, within thirty years after the interment rights have been deemed abandoned, the record owner or his heirs can prove that he is entitled to the interment rights, the cemetery shall, at no cost, provide a right of interment similar to the one that was abandoned.
Improvement of abandoned and neglected graveyards, ß 57-39.1
When the owners of any private graveyard, not connected with any church or church property, abandon the graveyard and allow it to fall into a condition of neglect and disuse, and fail or refuse, when requested, to put the graveyard into suitable condition, then any owner of adjacent land or the local governing body may file a bill in the circuit court to require the graveyard to be placed in a suitable condition.
The outcome depends on whether the owners of the graveyard had charged money for burial rights on their property. If the owners did sell any grave or burial rights, the court will determine whether the owners or petitioners shall pay the costs of improving the graveyard and may require bond to insure against injury or removal of any tomb, monument, gravestone, grave marker, or vault without court approval.
If the owners did not sell any grave or burial rights, the court may allow the petitioners, at their own expense, to improve the graveyard, and require bond to ensure that the petitioners will not injure or remove any tomb, monument, gravestone, grave marker, or vault without having first obtained court approval.
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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?
We are unable to locate information relevant to this question at this time.
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What are the procedures for excavating or removing remains or archaeological resources on public lands?
Permit required to conduct field investigations; ownership of objects of antiquity; penalty, ß 10.1-2302
It is unlawful for any person to conduct any type of field investigation, exploration or recovery operation involving the removal, destruction or disturbance of any object of antiquity on state-controlled land, or on a state archaeological site or zone, without first receiving a permit from the Director of the Dept. of Historic Resources.
The applicant must be a historic, scientific, or educational institution, or a professional archaeologist or amateur, who is qualified and recognized in the area of field investigations or archaeology.
All objects of antiquity that are discovered on state-controlled land shall be kept by the state, unless they are released to the applicant by the Director.
All field investigations, explorations, or recovery operations undertaken pursuant to a permit issued under this section must be carried out under the general supervision of the Director to ensure that the maximum amount of historic, scientific, archaeological, and educational information be recovered and preserved, in addition to the physical recovery of objects.
If the field investigation described in the application is likely to interfere with the activity of any state agency, no permit shall be issued unless the applicant has secured the written approval of that agency.
Any person who violates the provisions of this section shall be guilty of a Class 1 misdemeanor.
Permit required for the archaeological excavation of human remains, ß 10.1-2305
No one may excavate any human skeletal remains or associated artifacts without a permit from the Department of Historic Resources. When implementing this provision, the Board of Historic Resources must ensure the following:
- appropriate public notice prior to issuance of a permit,
- appropriate treatment of excavated remains,
- the scientific quality of the research conducted on the remains, and
- the appropriate disposition of the remains upon completion of the research.
The Department may carry out such excavations and research without a permit, provided that it has complied with the substantive requirements of the regulations promulgated pursuant to this section.
Permit required for the archaeological excavation of human remains, ß 10.1-2305
It is unlawful for any person to conduct any type of archaeological field investigation involving the removal of human skeletal remains or associated artifacts from any unmarked human burial, regardless of age of an archaeological site and regardless of ownership, without first receiving a permit from the Director.
Where unmarked burials are not part of a legally chartered cemetery, archaeological excavation of such burials pursuant to a permit from the Director shall be exempt from the requirements of ßß 57-38.1 and 57-39. However, such exemption shall not apply in the case of human burials within formally chartered cemeteries that have been abandoned.
A permit from the Director is required if archaeological investigations are undertaken as a part of a court-approved removal of a cemetery.
Any interested party may appeal the Director's decision to issue a permit or to act directly to excavate human remains to the local circuit court. Such appeal must be filed within fourteen days of the Director's decision.
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What are the procedures for excavating or removing remains or archaeological resources on private lands?
We are unable to locate information relevant to this question at this time.
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What are the procedures for discoveries of human remains and artifacts of cultural significance?
We are unable to locate information relevant to this question at this time.
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What are the procedures for the disposition of human remains and funerary artifacts?
We are unable to locate information relevant to this question at this time.
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What are the procedures for the removal and re-interment of human remains from cemeteries?
Removal and reinterment of remains; other proceedings, ß 33.1-136
The trial court will:
- determine a suitable repository for reinterment,
- determine the manner in which the removal and reinterment is to be undertaken, and
- tax the cost and expense of such removal and reinterment against the Commonwealth Transportation Commissioner.
When possible, the court should consider the wishes of the next of kin of those interred in the graves when determining a suitable repository and manner of removal and reinterment.
Costs of suits, removal and reinterment; how surplus above costs disposed, ß 57-37
If the proceeds from the condemnation are insufficient to cover the costs of the suit and the removal and reinterment of the remains, then the county, city, or town will cover the additional costs.
If any money remains after the payment of all costs, it shall go to the entitled parties. If the parties are unknown, the state will hold onto the money until it is claimed. If the money is not claimed within seven years, the money will pass into the state's Literary Fund.
Exemption from ßß 57-36 and 57-37, ß 57-38
Sections 57-36 and 57-37 above do not apply to any graveyard or cemetery owned by a church, or controlled by trustees, in which sections are sold.
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How does the state regulate the opening and construction of highways through burial grounds or cemeteries?
Authority to take possession and title to property before or during condemnation; purpose and intent of provisions, ß 33.1-119
The Commissioner is authorized to acquire title and to enter upon and take possession of such property and rights-of-way as the Commissioner may deem necessary, and proceed with the construction of a highway.
Commissioner may enter into agreement with person, church, association, etc., ß 33.1-133
Whenever it becomes necessary for the Commonwealth Transportation Commissioner to acquire land for highways, and the desired land is part of a cemetery or graveyard, the Commissioner may enter into agreements with the owner – whether a person, church, association, corporation, or any other legal entity – for the removal of any human remains which may be interred on the land.
Commissioner may file petition for condemnation when no agreement can be reached; notice of condemnation proceedings, ß 33.1-134
If no agreement can be reached, the Commissioner can petition the court to condemn the land and have the remains removed and re-interred in another location. The owners of the land and the next of kin of the deceased, if known, must be made defendants to the petition and served with notice.
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How does the state identify, preserve, and control Native American sacred sites?
We are unable to locate information relevant to this question at this time.
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How does the state preserve historical lands from surface mining?
Designating areas unsuitable for coal surface mining, ß 45.1-252
The Director of the Department of Mines, Minerals, and Energy may declare an area unsuitable for coal surface mining if mining operations could result in significant damage to important historic, cultural, and aesthetic values.
Any person who may be adversely affected has the right to petition the Director, either to have an area designated as unsuitable for coal surface mining operations, or to have such a designation terminated.
Within ten months after receipt of the petition, the Department will hold a public hearing in the locality of the affected area, after appropriate notice and publication of the date, time and location of the hearing. Before the hearing, and after the interested party has filed a petition, any person may intervene by filing allegations with supporting evidence.
Within sixty days of the hearing, the Director will issue a written decision to the petitioner and any other party to the hearing.
After March 20, 1979, no coal surface mining operations, except those which existed on August 3, 1977, shall be permitted:
- on any lands within the boundaries of the National Park System;
- which will adversely affect any publicly owned park or places included in the National Register of Historic Sites; or
- within 100 feet of a cemetery.
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What are the procedures for the exploration of submerged graves and underwater sites?
Underwater historic property; penalty, ß 10.1-2214
It is unlawful for any person, firm, or corporation to conduct any type of recovery operations involving the removal, destruction or disturbance of any underwater historic property without first applying for and receiving a permit from the Virginia Marine Resources Commission. "Underwater historic property" means any submerged shipwreck, vessel, cargo, tackle or underwater archaeological specimen that has remained unclaimed on the state-owned sub-aqueous bottom and has historic value as determined by the Department of Historic Resources. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor and, in addition, shall forfeit to the Commonwealth any objects recovered.
Preservation and protection of underwater historic property shall be the responsibility of all state agencies, including, but not limited to, the Department.
All recovery operations undertaken pursuant to a permit issued under this section shall be carried out under the general supervision of the Department and in such a manner that the maximum amount of historical, scientific, archaeological and educational information may be recovered and preserved in addition to the physical recovery of items.
The Department may seek a permit pursuant to this section and ß 28.2-1203 to preserve and protect or recover any underwater historic property.
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How is activity affecting aquatic beds regulated?
Virginia water protection permit, ß 62.1-44.15:20
No one may excavate in a wetland without a Virginia Water Protection Permit.
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What are the procedures for transferring land and property containing historic or cultural resources?
We are unable to locate information relevant to this question at this time.
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What miscellaneous laws exist in this state to preserve human remains, burial places, and funerary objects?
We are unable to locate information relevant to this question at this time.
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What public health regulations exist for the removal and burial of human remains?
We are unable to locate information relevant to this question at this time.
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How is environmental impact measured for historic and archeological resources?
We are unable to locate information relevant to this question at this time.
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Activities Affecting Burials which Require State or Local Government Compliance
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What activities affecting burials require state or local government compliance?
Preservation of historical sites and architectural areas, ß 15.2-2306
Any locality may adopt an ordinance setting forth the local historic landmarks and any other structures of important historic, architectural, archaeological or cultural interest.
The ordinance may include a provision that:
- no building or structure, including signs, shall be erected, reconstructed, altered or restored within any such district unless approved by the review board
- no historic landmark, building or structure within any district shall be razed, demolished or moved until approved by the review board.
The governing body is authorized to
- acquire any historic area or landmark for the use, observation, education, pleasure and welfare of the people,
- provide for its renovation, preservation, maintenance, management and control,
- charge or authorize the charging of compensation for the use thereof or admission thereto,
- lease any such area, property, lands or estate, or
- enter into contracts with any person, firm or corporation for the management, preservation, maintenance or operation of any such area or landmark.
However, the locality shall not use the right of condemnation under this subsection unless the historic value of such area or landmark is about to be destroyed.
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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?
We are unable to locate information relevant to this question at this time.
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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?
Who may hold such property, ß 57-32
Property granted for the improvement and repair of a cemetery, burial lot, monument, tomb, or vault, may be held by:
- a church,
- a cemetery company chartered under Virginia state law, or
- trustees holding title to a cemetery or burial ground.
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Who has the right to conduct archaeological field excavations?
We are unable to locate information relevant to this question at this time.
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Who has custody rights of discovered human remains?
We are unable to locate information relevant to this question at this time.
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Who has the ownership rights of archaeological specimens or objects of cultural significance?
We are unable to locate information relevant to this question at this time.
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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?
Control of archaeological sites; authority of Director to contract, ß 10.1-2303
The Commonwealth of Virginia reserves exclusive right to conduct field investigations on sites that are on state-controlled land. The Director is authorized to permit others to conduct such investigations. All objects of antiquity derived from or found on state-controlled land shall remain the property of the Commonwealth.
Designating archaeological sites and zones, ß 10.1-2304
No state archaeological site or zone located on private property may be established within the boundaries of any county, city or town which has established a local archaeological commission or similar entity designated to preserve, protect and identify local sites and objects of antiquity without the consent of the local governing body. Field investigations may not be conducted on a designated site without a permit issued by the Director pursuant to ß 10.1-2302.
Authority of Commission over submerged lands, ß 28.2-1204
The Commission is authorized to issue permits to recover underwater historic property pursuant to ß 10.1-2214 and 28.2-1203.
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Who sits on the state historical commission, and how are these members appointed?
Duties of Board of Historic Resources, ß 10.1-2204
The Board of Historic Resources shall:
- Designate (and withdraw designation of) historic landmarks – including buildings, structures, districts, objects and sites – which constitute the principal historical, architectural, archaeological, and cultural resources which are of local, statewide, or national significance
- Establish and endorse appropriate historic preservation practices for the care and management of designated landmarks;
- Approve the proposed text and authorize the manufacture of highway historical markers;
- Acquire by purchase or gift designated landmarks, or easements or interests therein;
- Review the programs and services of the Department of Historic Resources, including annual plans and make recommendations to the Director and the Governor concerning the effectiveness of those programs and services;
- In cooperation with the Department, and through public lectures, writings, and other educational activities, promote awareness of the importance of historic resources and the benefits of their preservation and use; and
- Apply for gifts, grants and bequests for deposit in the Historic Resources Fund to promote the missions of the Board and the Department.
For the purposes of this chapter, designation by the Board of Historic Resources shall mean an act of official recognition designed to:
- educate the public to the significance of the designated resource; and
- encourage local governments and property owners to take the designated property's historic, architectural, archaeological, and cultural significance into account in their planning and decision making.
Such designation, itself, shall not regulate the action of local governments or property owners with regard to the designated property.
Powers and duties of the Director, ß 10.1-2202
The director of the Department of Historic Resources is charged with the identification, evaluation, protection, preservation, and rehabilitation of the Commonwealth's significant historic, architectural, archaeological, and cultural resources.
The director has the following powers and duties:
- To apply for and accept bequests, grants and gifts of real and personal property as well as endowments, funds, and grants from the United States government, its agencies and instrumentalities, and any other source.
- To establish criteria and procedures for submitting nominations of properties to the National Park Service for inclusion in the National Register of Historic Places or for designation as National Historic Landmarks;
- To conduct a broad survey and to maintain an inventory of buildings, structures, districts, objects, and sites of historic, architectural, archaeological, or cultural interest.
- To publish lists of properties, including buildings, structures, districts, objects, and sites, designated as landmarks by the Board, to inspect designated properties from time to time, and periodically publish a complete register of designated properties setting forth appropriate information concerning those properties;
- With the consent of the landowners, to provide appropriately designed markers for designated buildings, structures, districts, objects and sites;
- To acquire and to administer designated landmarks, or easements or interests therein;
- To aid and to encourage counties, cities and towns to establish historic zoning districts for designated landmarks and to adopt regulations for the preservation of historical, architectural, archaeological, or cultural values;
- To provide technical advice and assistance to individuals, groups and governments conducting historic preservation programs and regularly to seek advice from the same on the effectiveness of Department programs;
- To prepare and place, in cooperation with the Department of Transportation, highway historical markers approved by the Board of Historic Resources on or along the highway or street closest to the location which is intended to be identified by the marker;
- To develop a procedure for the certification of historic districts and structures within the historic districts for federal income tax purposes;
- To aid and to encourage counties, cities, and towns in the establishment of educational programs and materials for school use on the importance of Virginia's historic, architectural, archaeological, and cultural resources;
- To conduct a program of archaeological research with the assistance of the State Archaeologist which includes excavation of significant sites, acquisition and maintenance of artifact collections for the purposes of study and display, and dissemination of data and information derived from the study of sites and collections;
- To manage and administer the Historic Resources Fund.
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Who sits on the state historic preservation board and for how long?
We are unable to locate information relevant to this question at this time.
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Scope of Authority
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What powers and responsibilities are delegated to cemetery associations in this state?
We are unable to locate information relevant to this question at this time.
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How are cemetery sales records to be kept?
We are unable to locate information relevant to this question at this time.
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What power does the state have to acquire or purchase property of historic or archaeological significance?
We are unable to locate information relevant to this question at this time.
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How does the state manage park and historical sites?
Acquisition of lands of scenic beauty, recreational utility or historical interest, ß 10.1-201
The Director is authorized to acquire by gift, purchase, or eminent domain, any properties of historical interest that, in his judgment, should be acquired, preserved and maintained for the use of the people of Virginia.
When any property is acquired by the Director exclusively with the aid of gifts or contributions, he may place the property in the custody of the person or association making such gifts or contributions, or lease the property to such person or association, for a period not to exceed 99 years, upon terms and conditions approved by the Governor.
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What are the powers of municipal and county governments regarding park and historical sites?
We are unable to locate information relevant to this question at this time.
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How do county and municipal governments oversee cemetery property?
We are unable to locate information relevant to this question at this time.
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What are the powers and duties of the state historical commission?
Duties of Director, ß 10.1-2301
The director of the Department of Historic Resources has the following duties. To:
1. Coordinate all archaeological research on state-controlled land and in state archaeological sites and zones;
2. Coordinate a survey of significant archaeological sites located on state-controlled land, and upon request, survey and officially recognize significant archaeological sites on privately owned property;
3. Identify, evaluate, preserve and protect sites and objects of antiquity which have historic, scientific, archaeologic or educational value and are located on state-controlled land or on state archaeological sites or zones;
4. Protect archaeological sites and objects located on state-controlled land or on state archaeological sites or zones from neglect, desecration, damage and destruction;
5. Ensure that archaeological sites and objects located on state-controlled land or on state archaeological sites or zones are identified, evaluated and properly explored so that adequate records may be made;
6. Encourage private owners of designated state archaeological sites to cooperate with the Commonwealth to preserve the site;
7. Encourage a statewide archaeological education program to inform the general public of the importance of its irreplaceable archaeological heritage; and
8. Designate the State Archaeologist to assist the Director by carrying out the provisions of this chapter. The State Archaeologist shall be a technically trained archaeologist and shall have both a practical and theoretical knowledge of archaeology.
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How does the state historical commission register or include historical property?
Commemorative facilities and historic sites management; duties of Director, ß 10.1-114
The director of the Department of Conservation and Recreation is charged with the identification, protection, preservation and rehabilitation of the Department's significant historic, architectural and archaeological sites.
The director's duties are as follows:
- To ensure that Departmental historical and cultural facilities are suitable for public assemblies and events;
- To plan, establish, construct, operate, maintain and manage historic museums, commemorative memorials and other facilities.
- To acquire lands, property and structures deemed necessary to the purposes of this chapter by purchase, lease, gift, devise or condemnation proceedings. The title to land and property acquired shall be in the name of the Commonwealth. In the exercise of the power of eminent domain granted under this section, the Director may proceed in the manner provided in Chapter 3 (ß 25.1-300 et seq.) of Title 25.1; and
- To lease acquired property to any person, association, firm or corporation for terms and conditions determined by the Director with the Governor's consent.
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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?
We are unable to locate information relevant to this question at this time.
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What specific historic or cultural properties are regulated by the state's historical commission?
We are unable to locate information relevant to this question at this time.
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Special Funding Sources
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Special Funding for Protection and Preservation of Burials
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How is the income from cemetery land to be used and dispersed in this state?
May be in perpetuity, ß 57-31
When someone creates a trust for the purpose of maintaining a cemetery, burial ground, burial lot, or burial monument, the trust is valid and cannot be voided for violating the rule against perpetuities (see ß 55-12.1 for an explanation of this rule).
Trusteeship for administering funds for perpetual care, ß 57-35
The board of directors of any incorporated cemetery company may establish a trusteeship to hold and administer all funds paid to the company for the perpetual upkeep of any cemetery lot. This trusteeship, once established, can only be revoked, annulled, or modified by the circuit court of the county or the corporation court of the city where the cemetery is situated.
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How is a state historic acquisition and preservation fund administered?
Preservation Easement Fund established; uses, ß 10.1-2202.2
The Preservation Easement Fund consists of
- general funds from the General Assembly;
- funds received as gifts, endowments, or grants from the United States Government; and
- funds from any other available sources, public or private.
Moneys in the Fund shall be used solely for the purposes of:
- supporting and promoting a broad-based easement program and
- providing grants to people who convey a perpetual easement to the Board under the Open-Space Land Act and the Virginia Conservation Easement Act, for the purposes of preserving property which is important for its historical, architectural or archaeological aspects.
Grants from the Fund may be made to anyone conveying a perpetual easement to the Board to pay some or all of the costs associated with the conveyance, including:
- the cost of registering the property with the Virginia Landmarks Register and the National Register of Historic Places, and
- legal, survey, appraisal and other costs.
The Director shall establish guidelines for the submittal and evaluation of grant applications and for the award of grants from the Fund. The guidelines shall authorize the Director to give priority to applications that demonstrate the applicant's financial need for a grant.
Historic Resources Fund established; administration; purpose, ß 10.1-2202.1
The Historic Resources Fund shall be administered and managed by the Director and used for the general purposes of:
- education,
- financing of museum operating and capital expenses,
- performing research, and
- conducting special historic preservation projects as identified by the Department and the donors.
The Fund shall consist of:
- appropriations from the General Assembly designated for the Fund,
- any gifts and bequests, cash and noncash,
- all proceeds from the sale of Department publications and educational or promotional material,
- income from contracted services, and
- grants.
Initial funding shall be made by a transfer of existing donations and special funds consistent with the intent of this new fund.
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How are trust funds for the maintenance of cemeteries established and administered?
We are unable to locate information relevant to this question at this time.
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How are state historic archives maintained?
We are unable to locate information relevant to this question at this time.
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How may the state enter into private contracts for recovering and preserving historical artifacts?
We are unable to locate information relevant to this question at this time.
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What funding exists for state historical education efforts?
We are unable to locate information relevant to this question at this time.
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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?
Virginia Brownfields Restoration and Economic Redevelopment Assistance Fund established; uses, ß 10.1-1237
The Virginia Brownfields Restoration and Economic Redevelopment Assistance Fund is created for the purposes of:
- promoting the restoration and redevelopment of brownfield sites; and
- addressing environmental problems or obstacles to reuse so that these sites can be effectively marketed to new economic development prospects.
The Fund consists of:
- sums appropriated to the Fund by the General Assembly,
- all receipts by the Fund from loans made by it,
- all income from the investment of moneys held in the Fund, and
- any other sums designated for deposit to the Fund from any source, public or private, including any federal grants, awards or other forms of financial assistance received by the state.
The Virginia Economic Development Partnership and Virginia Resources Authority may approve grants and make loans to:
- local governments,
- public authorities,
- corporations and
- partnerships.
These loans and grants may be used to pay the reasonable and necessary costs associated with the restoration and redevelopment of a brownfield site for (among other things):
- the necessary removal of human remains,
- the appropriate treatment of grave sites, and
- the appropriate and necessary treatment of significant archaeological resources.
The authority may make receipt of a loan conditional on the performance of one or more obligations (for a detailed list, see section G of the full statute). Guidelines governing the use of the fund shall include a requirement for a one-to-one match by the recipient of any grant made by or from the Fund.
Expenditure of funds for natural area protection, ß 10.1-1022.1
The Department shall consider the following in making its recommendation on whether the grant should be made:
- Whether the project will make a significant contribution to the protection of habitats for rare, threatened, or endangered plant or animal species, rare or state-significant natural communities, other ecological resources, or natural areas of Virginia;
- Whether the area addresses a protection need identified in the Virginia Natural Heritage Plan;
- The rarity of the elements targeted for conservation;
- The size and viability of the site; and
- Whether the holder or public body has the capability to protect the site from short-term and long-term stresses to the area.
Matching grant funds must be expended by the holder or public body within two years of receiving them, except that the Department may grant an extension of up to one year. All property for which a matching grant is made shall be dedicated as a natural area preserve. Any such preserve shall be open for public access for a reasonable amount of time each year, except as is necessary to protect sensitive resources or for management purposes.
Virginia Land Conservation Fund; purposes of Foundation, ß 10.1-1020
The Virginia Land Conservation Foundation shall establish and administer the Fund solely for the purposes of:
- acquiring property, or
- providing grants to state agencies and matching grants to other public bodies for acquiring property for the protection or preservation of:
- ecological, cultural or historical resources,
- lands for recreational purposes,
- state forest lands, and
- lands for threatened or endangered species, fish and wildlife habitat, natural areas, agricultural and forestal land, and open space.
The Fund shall consist of:
- general fund moneys and gifts,
- endowments or grants from the United States government, its agencies and instrumentalities, and
- funds from any other available sources, public or private.
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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?
Recognition of Tribal Relations, ß 2.2-2629.2
Virginia recognizes the original treaties made between the Indian tribes and the British Crown in 1646 and 1677, and it operates accordingly – to the extent permitted by the United States Constitution – when dealing with any tribes officially recognized by the state.
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What tribes are recognized by the state?
The state of Virginia recognizes eight sovereign tribes within its borders: the Chickahominy, the Eastern Chickahominy, the Mattaponi Indian Nation, the Monacan Indian Tribe, the Nansemond Indian Tribal Association, the Pamunkey Nation, the United Rappahannock Tribe, and the Upper Mattaponi Tribe. The Council on Indians – an advisory body composed of tribal members and an appointee from the Governor's staff – establishes criteria for tribal recognition and makes recommendations to the General Assembly on groups that meet these criteria.
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Are the state-recognized tribes different from the federally-recognized tribes in the state?
We are unable to locate information relevant to this question at this time.
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Enforcement Laws
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What laws are there related to enforcement of recognition or acknowledgment of constituent groups?
We are unable to locate information relevant to this question at this time.
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Compliance Laws
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What laws are there related to compliance with recognition or acknowledgment of constituent groups?
We are unable to locate information relevant to this question at this time.
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Regulatory Laws
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What laws are there related to regulation of recognition or acknowledgment of constituent groups?
We are unable to locate information relevant to this question at this time.
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Decision-Making Authorities
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What notice and consultation with tribes is required for discoveries of Native American human remains, burial places, and funerary objects?
We are unable to locate information relevant to this question at this time.
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How are Indian sacred sites regulated?
We are unable to locate information relevant to this question at this time.
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Is there a state Indian Affairs Commission or equivalent?
Council on Indians; membership; terms; chairman; compensation and expenses; chairman's executive summary, ß 2.2-2628
The Council on Indians (the Council) is an advisory council in the executive branch of state government. The Council is composed of:
- the chiefs of the Virginia tribes officially recognized by the state
- two at-large members appointed by the Governor from the Indian population residing in Virginia, and
- one nonvoting member appointed by the Governor who is a senior member of his staff.
The Council shall annually elect a chair and vice-chair from among its membership. The meetings of the Council shall be held at the call of the chairman or whenever the majority of the voting members so request. A majority of members shall constitute a quorum.
The chairman of the Council shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Council no later than the first day of each regular session of the General Assembly.
Powers and duties of Council; acceptance of gifts and grants; reporting requirement, ß 2.2-2629
The Council shall conduct research concerning the Indians in the Commonwealth and advise the Governor on issues affecting the Virginia Indian communities. The Council shall promote the education of the general public regarding the past and present Indians of Virginia.
The Council shall establish criteria for tribal recognition and shall recommend to the General Assembly and the Governor in its biennial report those tribes meeting the criteria that should be given official state recognition.
The Council shall report its findings and recommendations to the Governor and the General Assembly not less than 60 days prior to the convening of the session of the General Assembly held in each even-numbered year.
Advisory Committee, ß 2.2-2629.1
The Council shall establish a non voting advisory committee consisting of representatives of Virginia tribes officially recognized by the state and non-recognized Indian descendant communities. The advisory committee shall perform duties which may be assigned by the Council.
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How is the state Indian Affairs Commission or equivalent composed?
We are unable to locate information relevant to this question at this time.
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What are the powers and duties of the state Indian Affairs Commission?
We are unable to locate information relevant to this question at this time.
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Is there a state Indian cultural heritage commission?
We are unable to locate information relevant to this question at this time.
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Special Funding
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What special funding sources are there for state recognition or acknowledgment of constituent groups?
We are unable to locate information relevant to this question at this time.
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All citations refer to the State Code of Virginia, which can be accessed at http://leg1.state.va.us/000/src.htm.
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