Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Historic Preservation topic
No spam. Unsubscribe anytime.
Committee backs bill tightening disinterment permits and protecting family cemeteries, lowers private cemetery size requirement
Summary
The committee advanced Senate Bill 146 after adopting amendments that (1) clarify permit requirements and oversight for disinterment and reinterment, (2) allow heirs court access to maintain family cemeteries on private land, and (3) reduce the minimum lot size for private cemeteries from 1 acre to 0.5 acre; members passed the measure unanimously.
The Regulated Industries and Utilities Committee voted unanimously to advance Senate Bill 146, a measure the sponsor described as closing loopholes that have left historic family cemeteries vulnerable to disturbance.
Sponsor Senator Williams told the committee about examples in North Georgia and an Atlanta suburb where headstones were removed or access was restricted. The bill would tighten permitting and oversight for disinterment and reinterment; witnesses and the sponsor said permits are typically issued by the probate judge or the local health department/vital records office and that recent Department of Public Health (DPH) rule changes require applicants to demonstrate kinship before disinterment.
Among the bill’s substantive changes, the sponsor proposed lowering the minimum land size for establishing a private cemetery from one acre to one-half acre, and added a civil remedy allowing heirs to seek relief in superior court for access to maintain family cemeteries located on private property. The sponsor said the court-based remedy is designed to balance heirs’ access with property owners’ rights.
Committee members also clarified that when an old grave is disturbed under a permitted move the bill requires an archaeologist trained in grave recovery and a licensed funeral director to be present to supervise the removal and reinterment. Members moved and adopted amendments updating statutory date references from previously listed dates (2025) to 2026 to reflect recommitted bills.
A Summers amendment making the date updates and the 0.5-acre change passed by voice/hand vote; the committee then voted to do pass SB146 as amended, unanimously. The transcript records votes by hand/voice and does not show a roll-call tally.
The sponsor and proponents said the bill provides clearer procedures for family members to restore and maintain old graves while preserving property rights and authoritative oversight.
