Historic cemeteries
(a) No construction, excavation or other ground disturbing activity is permitted within 25 feet of a cemetery except in compliance with the following provisions pursuant to G.L. § 23-18-11:
(1) The boundaries of the cemetery are adequately documented and there is no reason to believe additional graves exist outside the recorded cemetery and the proposed construction or excavation activity will not damage or destructively alter the historic cemetery through erosion, flooding, filling, or encroachment; or
(2) The proposed construction or excavation activity has been reviewed and approved by the city or town in accordance with [G.L.] § 23-18-11.1.
(b) Ordinary road maintenance on town roads shall be exempt from these distance requirements, except that such road construction shall not undermine or destroy a cemetery. In addition, excavation on a property shall not undermine or destroy any cemetery, burial ground or any structures or gravesites located therein. This section shall not apply to the ordinary installation of gravesites, monuments, markers or mausoleums.
(c) When an application for any project or development involving construction, excavation or other ground disturbing activity is filed on a property or portion of right-of-way or portion of proposed right-of-way directly abutting a cemetery of which the boundaries are not adequately documented and there is reason to believe additional graves exist outside the recorded cemetery and/or the proposed construction or excavation activity may damage or destructively alter the historic cemetery through erosion, flooding, filling, or encroachment it shall be considered an application for alteration or removal of a historic cemetery pursuant to [G.L.] § 23-18-11.1.
(d) For applications for alteration or removal of a historic cemetery, the agency or property owner must apply to the town council for a permit to alter or remove. The standards for alteration or removal of a historic cemetery include the following:
(1) The applicant has examined all alternatives, and demonstrated to the permitting authority that no prudent or feasible alternative to the proposed alteration is possible; and
(2) Notification of the proposed alteration has been given to local parties of interest, as identified in G.L. § 23-18-11.1(a)(2) following the process found in section 32-50; and
(3) The town council has provided for due consideration of the rights of descendants in any application to substantially alter or remove a historic cemetery. Thereafter:
(e) When an application for alteration or removal of a historic cemetery has been made and the boundary is unknown or in doubt the applicant, at its own expense shall conduct an archaeological investigation to determine the actual size of the cemetery prior to final consideration of the application to alter or remove.
(f) After due consideration, the town council may grant the application to alter or remove the historic cemetery on whole or in part, under the supervision of an archaeologist and with any restrictions and stipulations that it deems necessary to effectuate the purpose of [G.L.] § 23-18-11.1 and this section, or deny the application in its entirety. Any person or persons aggrieved by a decision of the town council shall have the right of appeal concerning the decision to the superior court and from the superior court to the supreme court by writ of certiorari.
(g) Nothing in this section shall be deemed to contravene the authority of municipal bodies under G.L. § 45-5-12 to hold, manage, repair, or maintain any neglected burial ground.
(h) Private road construction shall not undermine or destroy a cemetery. In addition, excavation on a property shall not undermine or destroy any cemetery, burial ground or any structures or gravesites located therein. This chapter shall not apply to the ordinary installation of gravesites, monuments, markers or mausoleums.
(Ord. of 6-23-1994, art. VI, § 18; Ord. of 1-25-2024(3); Ord. of 4-24-2025(12))