Current through February 26, 2024
(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:
(a) The
applicant's name and address and telephone number.
(b) The burial site owner's name and address
and telephone number.
(c)
Documentation of the burial site.
(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.
(e) A town,
range, and section, description of the site's location.
(f) A sketch showing the known area of the
site in relation to named roads, lakes, or rivers.
(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.
(2) DOCUMENTATION OF A BURIAL
SITE. Documentation of a burial site under sub. (1) (c) may include, but is not
limited to, the following:
(a) Physical
evidence, as demonstrated by archeological or written historical reports
showing the presence of human bone or grave markers;
(b) Adequate historical
documentation;
(c) Oral
depositions, affidavits, or oral histories;
(d) Any additional information requested by
the director.
(3) REVIEW
OF APPLICATION BY THE DIRECTOR.
(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.
(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.
(4) TAX EXEMPTION.
(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.
(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.
(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.
(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.
(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.
(6) REMOVAL FROM THE CATALOG.
(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.
(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:
1. Remove the site from the
catalog.
2. Submit a request to the
register of deeds to delete or cancel the documentation for a burial site on
this land.
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.
(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.