Here is a message from Jeannie Regan-Dinius on probing:
Subject: Probing in Cemeteries
Mark:
You are correct that before probing could proceed in a cemetery a permit is
needed. But, there is a loophole in that law if the Township Trustee is
owner of the land. If so, then he/she may approve the work and no permit is
needed from us.
Hope this helps. I too don't want anyone in jail for a good deed.
Jeannie
Jeannie Regan-Dinius
Special Projects Coordinator
DNR-DHPA
402 W. Washington Street, W274
Indianapolis, IN 46204-2739
317/232-1646
317/232-0693
-------Original Message-------
From: INPCRP-L(a)rootsweb.com
Date: Sunday, October 24, 2004 11:24:37 AM
To: INPCRP-L(a)rootsweb.com
Subject: Re: [INPCRP] Custodial permission (was probing)
Unless the cemeteries are on private property, in which case many pioneer
cemeteries are. In those cases, it is my understanding the trustees have no
jurisdiction over what goes on, and neither would a cemetery commission or
cemetery board.
Herein lies the main problem we have with pioneer cemeteries!
----- Original Message -----
From: "Rich Green" <rgreen(a)insightbb.com>
To: <INPCRP-L(a)rootsweb.com>
Sent: Sunday, October 24, 2004 10:49 AM
Subject: [INPCRP] Custodial permission (was probing)
Hello the list,
Seems you have multiple debates going on in the same thread. It might be
better to
discuss and resolve these one at a time. It is my understanding
that the probing question, and in fact any ground disturbance within
100-feet of cemeteries, has already been asked and adequately answered.
In Indiana, the Trustees are the custodians of cemeteries in their
respective
townships. There may be other entities (Cemetery Boards or
Foundations) that are also considered the legal custodians of a cemetery;
however, for the most part this responsibility falls on the Township
Trustee. As such, the Trustee is responsible for, among other things,
grounds keeping and cemetery monument maintenance. These duties often
necessitate ground disturbance within a cemetery; particularly when the
cemetery is still active, landscaping is necessary or when monuments have
been toppled either by forces of nature or vandalism. Probing for and
excavating base and foot stones that have somehow been obscured is all part
of this process, and is NOT in any way illegal if undertaken by cemetery
custodian(s).
It is also understood that a Township Trustee or other legal custodian may
contract
to have this work done, and may provide cemetery restoration
specialists (of their discretion) with written permission to carry out
necessary repairs including any that may require ground disturbance. It
follows then that probing or ground disturbance in cemeteries is only
illegal if undertaken without the expressed permission of the custodian of
the property.
The probing issue then seems cut and dried. If you don't have written
permission to be disturbing cemetery grounds, you are probably ill-advised
to be doing so in the first place and there is a state regulation in place
for those who neglect or otherwise refuse to get permission.
I'm sure that there will be some exceptions to this interpretation...there
always is, but the question of probing and other ground disturbance as a
function of cemetery restoration activities is most certainly addressed by
getting permission from the proper authorities in the first place.
Regards to all,
Rich Green
Historic Archaeological Research
4338 Hadley Court
West Lafayette, IN 47906
Office: (765) 464-8735
Mobile: (765) 427-4082
www.har-indy.com
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