Chapter HS 2

Chapter HS 2

BURIAL SITES PRESERVATION PROGRAM

HS 2.01   Authority.

HS 2.02   Definitions.

HS 2.03   Cataloging burial sites.

HS 2.04   Disturbing burial sites.

HS 2.05   Disposition of remains.

HS 2.01 HS 2.01 Authority. This chapter is promulgated under the authority of ss. 157.70 and 227.11 (2) (a), Stats., and provides a process to implement s. 157.70, Stats. This chapter establishes procedures that the state historical society will use to identify, catalog, preserve, excavate, analyze, and decide disposition of human burials in this state.

HS 2.01 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90.

HS 2.02 HS 2.02 Definitions. In this chapter:

HS 2.02(1) (1) “Adequate historical documentation” means information verifiable through at least 2 of the following types of independent sources: church records, deeds, maps, and other written and oral sources.

HS 2.02(2) (2) “Board” means the burial sites preservation board.

HS 2.02(3) (3) “Cataloged burial site” means a piece of land that has a record of having buried human remains and is recorded with the county register of deeds. This shall be the case even if the recorded burial site is untended, abandoned, and has no surface indications of burials.

HS 2.02 Note Note: The Wisconsin Historical Society recognizes that the definition of “Catalogued burial site” in s. HS 2.02 (3) conflicts with the definition of “Catalogued” burial site at s. 157.70 (1) (c), Stats. Therefore, to carry out its duties under. s. 157.70, Stats. and ch. HS 2, the definition of “Catalogued burial site” at s. HS 2.02 (3) shall be disregarded, and all instances of “Catalogued” in ch. HS 2 shall have the meaning given in s. 157.70 (1) (c), Stats. This interpretation shall not affect the Catalog of Wisconsin Burial Sites as it exists prior to May 1, 2005.

HS 2.02(4) (4) “Class of burial sites” means burial sites of a particular age, culture, or geographic region.

HS 2.02(5) (5) “Cultural affiliation” means an association with an historic immigrant nationality or ethnic group.

HS 2.02(6) (6) “Direct kinship” means lineal or legal descent, or a spouse.

HS 2.02(7) (7) “Director” means the director of the state historical society of Wisconsin or a formally appointed designee.

HS 2.02(8) (8) “Grave marker” means any surface indication of a burial including stone monuments, spirit houses, wooden crosses, and prehistoric Indian mounds.

HS 2.02(9) (9) “Human remains” means any part of the body of a deceased person in any stage of decomposition in a context indicating substantial evidence for burial.

HS 2.02(10) (10) “Objects related to the burial” means items that were intentionally placed and directly associated with the burial.

HS 2.02(11) (11) “Religious affiliation” means a membership in an organized religion recognized by federal internal revenue service tax exemption or a membership in a traditional Indian religion in Wisconsin, pursuant to federal regulations established under the American Indian Religious Freedom Act, 42 USC, Sec. 1996.

HS 2.02(12) (12) “Skeletal analyst” means an individual who has a graduate degree in archeology, anthropology, or a closely related field and at least one year of full-time professional experience or equivalent specialized training in human osteological research, at least 4 months of supervised analytic experience in the identification, analysis, and interpretation of human osteological remains, and a demonstrated ability to carry research to completion.

HS 2.02(13) (13) “Sufficient contiguous land” means the land within at least 5 feet from any part of the burial site including beds of lakes, streams, and rivers surrounding the burial site necessary to ensure its protection.

HS 2.02(14) (14) “Tribal affiliation” means an association with federally recognized Indian tribes or bands.

HS 2.02(15) (15) “Uncataloged burial site” means any burial site that has not been cataloged according to s. HS 2.03 and is not recorded with the register of deeds.

HS 2.02 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90.

HS 2.03 HS 2.03 Cataloging burial sites.

HS 2.03(1) (1) Initiation of a catalog request. For a person other than the director, to initiate a request to include a burial site in the catalog of burial sites an applicant shall supply the following information to the director:

HS 2.03(1)(a) (a) The applicant’s name and address and telephone number.

HS 2.03(1)(b) (b) The burial site owner’s name and address and telephone number.

HS 2.03(1)(c) (c) Documentation of the burial site.

HS 2.03(1)(d) (d) A photographic print of the burial site and the accompanying negative to document the condition of the site at the time of the application.

HS 2.03(1)(e) (e) A town, range, and section, description of the site’s location.

HS 2.03(1)(f) (f) A sketch showing the known area of the site in relation to named roads, lakes, or rivers.

HS 2.03(1)(g) (g) A copy of the pertinent United States geological survey topographic quadrangle map or a plat noting the location of the burial site. Persons may call the director at 1-800-342-7834 to obtain a copy of the appropriate topographic quadrangle map or plat.

HS 2.03(2) (2) Documentation of a burial site. Documentation of a burial site under sub. (1) (c) may include, but is not limited to, the following:

HS 2.03(2)(a) (a) Physical evidence, as demonstrated by archeological or written historical reports showing the presence of human bone or grave markers;

HS 2.03(2)(b) (b) Adequate historical documentation;

HS 2.03(2)(c) (c) Oral depositions, affidavits, or oral histories;

HS 2.03(2)(d) (d) Any additional information requested by the director.

HS 2.03(3) (3) Review of application by the director.

HS 2.03(3)(a) (a) If prepared by a person other than the director, the director shall review the application. If the application is inaccurate, incomplete, or inadequate the request for cataloging shall be returned to the applicant within 30 days of receipt of the application with an explanation of the deficiencies.

HS 2.03(3)(b) (b) If the application is complete and accurate to the best of the director’s knowledge, the director shall enter the site into the state catalog of burial sites.

HS 2.03(4) (4) Tax exemption.

HS 2.03(4)(a) (a) For a burial site to be given tax exempt status, the director or other person interested in cataloging the burial site shall document and catalog the site as in subs. (1) to (3) and shall determine the specific boundaries of the burial site.

HS 2.03(4)(b) (b) The director or other person interested in cataloging the burial site shall prepare a plan map of the site’s boundaries. This map shall be tied to a legal point of reference such as an existing property corner marker or an existing geodetic survey marker, or other such marker that can be relocated through reference to records of public land title and the official points of reference in the field.

HS 2.03(4)(c) (c) If prepared by a person other than the director the specific legal description of the site’s boundaries shall be submitted to the director for review. If the legal description is inaccurate, incomplete, or inadequate, the legal description shall be returned to the applicant within 30 days of receipt of the description with an explanation of the deficiencies.

HS 2.03(4)(d) (d) If the legal description is complete and accurate to the best of the director’s knowledge, the director shall record the burial site with the register of deeds in the county in which the site is located.

HS 2.03(5) (5) Notification. The director shall notify the applicant, owner, all persons on the registry for that burial site or class of burial sites, the local unit of government, and the county historical society or local historical societies within the county when a particular burial site has been cataloged and recorded with the county register of deeds.

HS 2.03(6) (6) Removal from the catalog.

HS 2.03(6)(a) (a) If evidence is ever presented to the director to indicate that a cataloged burial site does not contain human remains or all human remains are removed in accordance with s. HS 2.04, the director shall notify by certified letter, the owner, the applicant who initiated the catalog request, all persons on the registry for that burial site or class of burial sites, county or local historical societies, and the local unit of government having jurisdiction over the burial site and give these persons 60 days within receipt of notification to respond to the director on this new evidence.

HS 2.03(6)(b) (b) After 60 days, if the director decides that there is sufficient evidence to indicate that a cataloged site does not contain any burials, the director shall do all of the following:

HS 2.03(6)(b)1. 1. Remove the site from the catalog.

HS 2.03(6)(b)2. 2. Submit a request to the register of deeds to delete or cancel the documentation for a burial site on this land.

HS 2.03(6)(b)3. 3. Notify the owner, applicant who initiated the catalog request, all persons on the registry for that burial site or class of burial sites, county or local historical societies, and the local unit of government of the decision to remove the burial site from the catalog.

HS 2.03(6)(c) (c) A person shall have 30 days from the date of the director’s decision to appeal the director’s decision to the board. During the appeals process, the director’s decision to remove a burial site from the catalog shall be suspended.