In order to comply with the General Laws of the State of Rhode
Island, Title 23, Chapter 18, the City adopts the following regulations
governing the preservation of historic and archaeological burial sites
in the City.
The City Council finds that historic and archaeological grave
sites possess archaeological and scientific value, are often of great
artistic, cultural and religious significance, and represent for all
cultures a respect for the sanctity of human life. It is, therefore,
the policy of the City that marked or unmarked historic cemeteries
are to be preserved and are not to be altered or removed except as
provided in this section. Nothing in this section shall be construed
to violate any provision of the Native American Graves Protection
and Repatriation Act (NAGPRA).
As used in this article, the following terms shall have the
meanings indicated:
ALTERATION
A substantial or significant change to an archaeological
burial site, historic or family cemetery.
APPLICANT
The owner of the land on which an archaeological burial site
or family cemetery is located for which a permit must be sought for
alteration or removal.
ARCHAEOLOGICAL BURIAL SITE
An area of land that has been used for interment of human
remains in precontact or the distant past. Archaeological burial sites
may include Native American or other ethnic groupings.
FAMILY CEMETERY
An historic cemetery that is not associated with a specific
religious organization but that is the site of burial for persons
related by blood, marriage or household.
HISTORIC CEMETERY
Any tract of land that was used more than 100 years ago as
a burial place, whether or not marked with an historic marker or gravestone,
including, but not limited to, ancient burial places known or suspected
to contain the remains of one or more Native Americans. For the purpose
of this article, "historic cemetery" shall also include an area 25
feet in width around the perimeter of the cemetery.
HUMAN REMAINS
Any parts or remains of deceased persons, including skeletal
remains or cremated ashes.
GRAVE
Any site where human remains have been purposefully interred.
The term shall also include grave markers, funerary objects and associated
cultural remains and artifacts. A grave shall include mausoleums,
crypts or other structures designed to house human remains.
LEAST DISRUPTIVE
A means of construction, excavation, removal or any other
activity that, in the opinion of the Rhode Island Historical Preservation
and Heritage Commission (RIHPHC), has the least overall destructive
impact on the grave, human remains or cemetery.
OWNER
The owner of a parcel of land.
SITE ALTERATION PLAN
A document setting forth the proposed alteration of an historical
cemetery, archaeological burial site or family cemetery, including
detailed specifications for alterations, removal and reinterment of
human remains.
Nothing in this section shall be construed to prohibit the routine
maintenance and repair of historical grave sites or the use of historic
cemeteries as places of interment, nor shall it be construed to preclude
the boards or commissions or agents of the City from otherwise acting
with their authority to regulate and protect historical and archaeological
cemeteries.
Any person found to have violated this section shall be subject
to a fine of not more than $250.