Vermont § 5217 - Removal of marked historic remains

§ 5217. Removal of marked historic remains

• (a) As used in this section: (1) “Historic remains” means remains of a human being who has been deceased for 100 years
  or more, and the remains are marked and located in a publicly known or marked burial
  ground or cemetery. (2) “Public good” means actions that will benefit the municipality and the property where
  the remains are located. (3) “Remains” means cremated human remains that are in a container or the bodily remains
  of a human being. (4) “Removal” means the transporting of human remains from one location to another premises. (b) A person may apply for a removal permit to disinter or remove historic remains by
  filing an application with the clerk for the municipality in which the historic remains
  are located. The application shall include all the following: (1) Identification of the specific location and marking of the remains. (2) Identification of the specific location in which the remains will be reburied. (3) The reasons for removal of the remains, including a statement of the public good that
  will result from the removal. (c) An applicant for a removal permit shall send notice by first-class mail to all the
  following: (1) The cemetery commissioner or other municipal authority responsible for cemeteries
  in the municipality in which the historic remains are located. (2) All historical societies located within the municipality in which the historic remains
  are located. (3) Any descendant known to the applicant. The applicant shall contact the Vermont Historical
  Society, the Vermont Old Cemetery Association, the Vermont Cemetery Association, and
  any veterans’ organization operating within the county in which the historic remains
  are located in order to ascertain the whereabouts of any known descendants. (4) The State Archeologist. (d) A cemetery commissioner or municipal authority responsible for cemeteries, a historical
  society, a descendant, or the State Archeologist may file an objection to the proposed
  removal of historic remains with the Probate Court in the district in which the historic
  remains are located and with the clerks of the municipality in which the historic
  remains are located within 30 days after the date the notice was mailed. (e) If no objection is received within 30 days after the date the notice was last published
  as required by subsection (c) of this section, the municipal clerk shall issue a removal
  permit. (f) If the Probate Court receives an objection within the 30-day period, the court shall
  notify the clerk for the municipality in which the historic remains are located and
  schedule a hearing on whether to allow removal as described in the application. (g) The Probate Court, after hearing, shall order the municipal clerk to grant or deny
  a permit for removal of the historic remains. The court shall consider the impact
  of the removal on the public good. (h) The permit shall require that all remains, markers, and relevant funeral-related materials
  associated with the burial site be removed, and the permit may require that the removal
  be conducted or supervised by a qualified professional archeologist in compliance
  with standard archeological process. All costs associated with the removal shall be
  paid by the applicant. (Added 2009, No. 151 (Adj. Sess.), § 4, eff. June 1, 2010; amended 2017, No. 113 (Adj. Sess.), § 93.)