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Cemetery commission urges county ordinance to protect pioneer graves; county attorney flags zoning, penalties
Summary
Donna Schroeder, county historian and cemetery commission member, presented a draft cemetery ordinance to protect pioneer cemeteries after harmful cleaning methods were found; county attorney suggested removing certain fencing/zoning provisions and recommended a public hearing before any fines are adopted.
Donna Schroeder, a member of the Fayette County cemetery commission and the county historian, asked the Board of Commissioners to review and refine a proposed county cemetery ordinance intended to protect pioneer cemeteries and standardize preservation practices. Schroeder said the commission has documented cases where contractors used harsh methods that caused "irreparable harm" to headstones and markers and that county-owned pioneer graves number about 16–17 with close to 100 pioneer sites countywide.
Schroeder described procedural changes in the draft ordinance, including a permit requirement before preservation work begins so the county can verify acceptable methods and prevent damaging techniques (for example, drills and metal‑infused brushes). She said the commission has worked with Jared and others to assemble the draft and noted state DNR input on model practices.
The county attorney reviewed the draft and recommended removing or reconsidering Section 4, which would require fencing to protect cemeteries from livestock; he said that is likely a zoning matter and could require zoning-code amendments. He also noted that some prohibitions in the draft may already be criminal matters under state law and suggested relying on prosecution where appropriate rather than civil fines. The attorney recommended a public hearing if the ordinance includes fines, to give residents an opportunity to respond.
The commissioners and commission members agreed to continue refinement with legal counsel and to coordinate meetings to finalize language. Schroeder offered to share cemetery maps and to work with county staff to identify priority sites for signage and preservation; tourism will fund an initial batch of state‑approved signs. Commissioners asked the cemetery commission to work with the county attorney and return with a revised draft and suggested scheduling a public hearing once the draft is ready.
Next steps: legal review of the draft, APC/county coordination on any zoning implications, and a public hearing if penalties are included.
