Article III - Removal of Graves from Abandoned Cemeteries

This Part 2 shall be referred to as the "Henderson County Ordinance to Regulate the Removal of Graves from an Abandoned Cemetery."

This Part 2 shall only apply in the unincorporated areas of Henderson County.

This Part 2 is enacted in order to comply with the provisions of N.C.G.S. 65-106 with regards to a request for the removal of any grave by any person, firm, or corporation in accordance with N.C.G.S. 65-106 only. This Part 2 shall not affect the ability of any person not covered by N.C.G.S. 65-106 to remove any grave

The following terms are defined for purposes of this Part 2:

1. Abandoned Cemetery Or Burying Ground - A cemetery or burying ground:
   
   1. Which is no longer kept and preserved as a resting place for the dead and is without anything to indicate the existence of graves;
   2. In which all graves have been removed; or
   3. Which has been so neglected as to entirely lose its identity as such, and is no longer known, recognized and respected by the public as a cemetery.

1. Before any person, firm, or corporation, which owns land on which an abandoned cemetery or burying ground is located may effect the disinterment, removal, and reinterment of any grave(s) or grave markers within the abandoned cemetery or burying ground, such person, firm or corporation must obtain the prior consent of the Henderson County Board of Commissioners. The Board of Commissioners may consent to such a request for the disinterment, removal and reinterment of a grave or grave marker if the following is demonstrated by the applicant:
   1. The cemetery or burying ground is an abandoned cemetery or burying ground as defined by §46-24.
   2. The applicant demonstrates a readiness to comply with the requirements of N.C.G.S. 65-106.
2. Any person, firm, or corporation requesting consent of the Board of Commissioners pursuant to this §46-25 and/or N.C.G.S. 65-106 must make application to the Board of Commissioners. Such application shall be made on a form approved by the Board of Commissioners, but shall, at a minimum, include the following information:
   1. Name of applicant.
   2. Location of abandoned cemetery or burying ground, including address, parcel identification number as shown on the Henderson County Geographical Information System (GIS), and a GIS map showing approximate location of the abandoned public cemetery or burying ground on the parcel.
   3. Evidence that applicant is the owner of the property upon which the abandoned cemetery or burying ground is located.
   4. Sufficient evidence to support a finding by the Henderson County Board of Commissioners that the cemetery or burying ground in which the grave(s) or grave marker(s) are located is an abandoned cemetery or burying ground as defined by this Part 2.
3. Upon receipt of the consent of the Board of Commissioners, if given, the applicant shall proceed in accordance with N.C.G.S. 65-106.

Nothing in this Part 2 shall limit the ability of or replace the duties and obligations of any person, firm, or corporation in effecting the disinterment, removal and reinterment of a grave or grave marker pursuant to other applicable laws; however if the terms of this Part 2 apply, compliance with this Part 2 shall be required in addition to the requirements of such other applicable laws.

Any person violating any provision of this Part 2 shall be subject to the penalties set forth in the Henderson County Code, Chapter 1, General Provisions, Article II.