§ 23-18-11.1 - Permit required to alter or remove historic cemetery – Powers of city or town council – Appeal.
SECTION 23-18-11.1
§ 23-18-11.1 Permit required to alter orremove historic cemetery – Powers of city or town council – Appeal.– (a) Before an agency or a property owner may authorize or commence alterationor removal of any historic cemetery, the agency or owner must apply to the cityor town council where the historic cemetery is located for a permit to alter orremove. The city or town council shall prescribe by ordinance standards toregulate the alteration or removal of any historic cemetery within itsmunicipal limits, but shall at a minimum provide that:
(1) The applicant examine all alternatives, and demonstratethat no prudent or feasible alternative to the proposed alteration is possible;
(2) The city or town provide for notification andparticipation in the permitting process of parties which may be interested inthe proposed alteration or removal by virtue of their status as a governmentalhealth or historic preservation authority, or as a private or nonprofithistorical, genealogical or civic organization, or, in the case of AmericanIndian cemeteries and burial grounds, the appropriate tribal organization; and
(3) The city or town provide for due consideration of therights of descendants in any application to substantially alter or remove ahistoric cemetery.
(b) When an application for alteration or removal of ahistoric cemetery has been made and the boundary is unknown or in doubt, thecity or town may require that the applicant, at its own expense, conduct anarchaeological investigation to determine the actual size of the cemetery priorto final consideration by the city or town of the application to alter orremove.
(c) After due consideration, the city or town council maygrant the application to alter or remove the historic cemetery in whole or inpart, under the supervision of an archaeologist and with any restrictions andstipulations that it deems necessary to effectuate the purposes of thissection, or deny the application in its entirety. Any person or personsaggrieved by a decision of the city or town council shall have the right ofappeal concerning the decision to the superior court and from the superiorcourt to the supreme court by writ of certiorari.
(d) Nothing in this section shall be deemed to contravene theauthority of municipal bodies under § 45-5-12 to hold, manage, repair, ormaintain any neglected burial ground.