Current through August 26, 2024
(1) EXCEPTIONS. Permission from the director
to disturb burial sites is not required in cases where disinterment:
(a) Has been authorized under s.
69.18(4),
Stats.
(b) Is undertaken by a
coroner or medical examiner in conjunction with a criminal
investigation.
(c) Has been
authorized by any court order or judgment rendered under s.
69.18(4),
Stats.
(2) TESTING. If
there is reason to believe that a burial site may be present, the director may
authorize, orally or in writing, limited appropriate subsurface exploration to
determine whether a property contains a burial site.
(3) DIRECTOR'S INTEREST. As head of the
agency representing the state's interest in preservation of the state's
cultural heritage, the director shall claim an interest in all burial sites
under s. 157.70(1) (g) 6, Stats.
(4) UNCATALOGED BURIAL
SITES.
(a) If a reported activity disturbs or
threatens to disturb an uncataloged burial site, the director shall notify the
owner of the burial site by phone if possible and by certified letter, return
receipt requested, of the disturbance of this burial site and the procedures,
liabilities and penalties for enforcing violation of s.
157.70, Stats. The director may
notify the board, persons on the registry, and any other person who may have an
interest in the burial site. The director may request a meeting of the
board.
(b) If the human remains and
objects related to the burial are left undisturbed, the director shall record
the burial site's location and shall enter it into the catalog of burial sites
as per s.
HS 2.03.
(c) If the owner or owner's agent wishes to
remove the human remains and objects related to the burial, the owner shall
arrange a schedule of excavation with the director. If the excavation work can
not be done in a reasonable time by the director, the director shall send a
standard contract to the owner for the owner to use in hiring a qualified
archeologist approved by the director under s.
157.70(4) (c) 3
a., Stats.
(d) The owner shall send
a copy of the signed contract between the owner and a qualified archeologist to
the director. Upon receipt of this contract, the director shall give both oral
authorization and written permission to the owner allowing the disturbance of
the burial site. Once this excavation is finished to the director's
satisfaction, the director shall notify the owner that the owner may proceed
with the proposed activity.
(e) The
archeologist hired under par. (b) shall submit at least 2 copies of a report to
the director on the excavation and analysis of the human remains and associated
objects. This report shall be reviewed and approved by the director.
(5) CATALOGED BURIAL SITES.
(a) Any person who wishes to disturb a
cataloged burial site shall apply to the director.
(b) If the applicant wishes to disturb the
area within the specific legal boundaries or known area of a cataloged burial
site, the director shall send the applicant the names of all persons on the
registry for that site or class of sites and the forms to notify these persons
of the applicant's request. This form shall state the purpose of the
disturbance, information on the right of interested persons to request a
hearing by the division of hearing and appeals, the purpose of such a hearing,
and the consequences if no hearing is requested.
(c) The applicant shall send the forms of
notification, using the forms specified in this subsection to persons on the
registry by certified mail, return receipt requested. Persons on the registry
shall be given 30 days from date of receipt by which to comment on the
proposal. If the certified letter is undeliverable, the director shall attempt
to contact that person by telephone. If the addressee refuses to sign the
return receipt, or fails to contact the director by mail or telephone within 30
days of returned certified letter, that person forfeits the opportunity to
comment on the proposed disturbance.
(d) The application to disturb a cataloged
burial site shall include all of the following:
1. The applicant's name and
address.
2. The nature and purpose
of the disturbance.
3. The names of
the persons on the registry who have been notified and proof of this
notification in the form of the receipt from the certified letter or in the
form of other documentation accepted by the director.
(e) If there is no request for a hearing,
within 30 days from the most recent date of receipt of the certified letters
sent, the director shall decide whether to grant a permit to disturb within 30
days of that most recent dated receipt of the certified letters. The decision
will be based on weighing the benefits to the applicant wishing to disturb the
burial site and the benefits to persons with an interest in having the site
remain undisturbed as well as the interests of the public as a whole.
(f) If requested within 30 days of the
receipt of the notification form by the applicant, or other persons on the
registry for that site under s.
157.70(1) (g),
Stats., or, if deemed necessary by the director, the director shall request
that the division of hearings and appeals conduct a hearing to decide if a
cataloged burial site may be disturbed.
(g) This request for the division of hearings
and appeals to conduct a hearing shall be made through the director who shall
send copies of all documentation concerning the burial site in question to the
division of hearings and appeals. The hearings held under this section shall be
class 1 proceedings as defined by s.
227.01(3) (a),
Stats., and review thereof shall be provided ch. 227, Stats.
(h) If the director requests a hearing, the
division of hearings and appeals shall schedule a hearing within 45 days of the
director's request.
(i) If a
hearing is held, the division shall make a decision within 30 days from the
close of the hearing and submission of all documents and briefs.
(j) If either the division of hearings and
appeals or the director grants permission to disturb the burial site, the
director shall send a standard contract to be used as a basis of agreement
between the owner and a qualified archeologist.
(k) Any party may request that decisions
rendered in any hearing under this section be appealed to the board.
(L) In emergency situations, when burials on
a cataloged site are being disturbed by natural forces or accidental causes,
the director may waive the procedure specified in s.
HS 2.04(5) and invoke the uncataloged
procedure.
(6)
QUALIFICATIONS FOR ARCHEOLOGISTS AND SKELETAL ANALYSTS.
(a) Only qualified archeologists, defined in
s. 157.70(1) (i),
Stats., approved by the director shall be permitted to oversee the excavation
of burials. Qualified archeologists shall demonstrate experience in the
excavation of burials by submitting all of the following to the director for
approval:
1. Vita.
2. Two letters of reference.
(b) If any human remains are
removed from a burial site they shall be analyzed by a skeletal analyst
approved by the director. To be approved by the director, the skeletal analyst
shall demonstrate knowledge and experience in human osteology by submitting all
of the following to the director for approval:
1. Vita.
2. Two letters of reference.
(7) SCHEDULE FOR THE
REPORTS. The director shall negotiate with the qualified archeologist and
persons on the registry for that burial site or class of burial sites on a
schedule for the written report of this analysis.
(8) REVIEW OF REPORTS. Two copies of the
report of the excavation and analysis, along with a copy of all field notes,
maps, and photographs relating to the documentation of the burials shall be
submitted to the director for review.
(9) BONE SAMPLES. Upon approval of the
director, the skeletal analyst or archeologist may retain a sample of bone for
analysis when this will aid in identifying the burial's type or class, or when
this is consistent with the disposition decision as stipulated in s.
HS 2.05(1).
(10) ARCHIVING DOCUMENTATION. All approved
reports, the copy of all field notes, maps, and photographs relating to the
documentation of the burial shall be permanently archived at the state
historical society.
(11) COPIES OF
THE REPORT. A copy of the report shall be sent to the owner of the burial site
and other interested persons upon request to the director.
(12) RESPONSIBILITY FOR COSTS OF EXCAVATION
AND ANALYSIS.
(a) Any person who obtains
permission to disturb a cataloged burial site shall pay for the costs of
archeological excavation and skeletal analysis. The person may hire any
qualified archeologist and skeletal analyst approved by the director.
(b) In instances where an uncataloged burial
site is accidentally uncovered, and it is not feasible to leave the burial
place, the director shall, within a reasonable time beginning 30 days of when
ground conditions permit, excavate and analyze the remains at no cost to the
owner. Requests for excavation shall be considered in the order in which they
are received. If the director cannot accomplish the work within the time frame
desired, the owner may hire, at his or her own expense, a qualified
archeologist and skeletal analyst approved by the director to excavate and
analyze the remains.
(13) BURIAL SITES ON PUBLIC LAND. All
transfers of public land containing burial sites to private parties shall be
approved by a majority vote of the board. The municipality or public agency
wishing to transfer a property containing a burial site shall submit a written
explanation to the board. This explanation shall include a land description of
the property and a copy of the proposed deed restrictions concerning the burial
site.
