An Act Regarding Construction and Excavation near Burial Sites
Maine Legislature, Session 124, LD 0113
Committee: Utilities and Energy
Sponsors: CASAVANT, SULLIVAN, BEAUDOIN, CONNOR, DUCHESNE, KRUGER, SIROIS, SOCTOMAH, TUTTLE
Amends: 13 MRSA §1371-A

MAINE STATE LEGISLATURE 
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STATE LAW LffJHAff( 
AUGUST Ai MAINE 
124th MAl E LEGISLATURE 
FIRST REGULAR SESSIOr-~-2009 
Legislative Document 
No. 113 
H.P.97 
House of Representatives, January 12, 2009 
An Act Regarding Construction and Excavation near Burial Sites 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative CASAVANT of Biddeford. 
Cosponsored by Senator SULLIVAN of York and 
71)d~ /J1. mt1C~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BEAUDOIN of Biddeford, CONNOR of Kennebunk, DUCHESNE of 
Hudson, KRUGER of Thomaston, MacDONALD of Boothbay, SIROIS of Turner, 
SOCTOMAH of the Passamaquoddy Tribe, TUTTLE of Sanford. 
Printed llll rccyLlcd I-lapc:r 
Be it enacted by the People of the State of Maine as foHows: 
Sec. 1. 13 MRSA §1371-A, sub-§l, as amended by PL 2007, c. 112, §2, IS 
further amended to read: 
1. Known burial sites. Construction or excavation near a known burial site or 
within the boundaries of an established cemetery must comply with any applicable land 
use ordinance concerning burial sites or established cemeteries, whether or not the burial 
site or established cemetery is properly recorded in the deed to the property. In the 
absence of local ordinances, construction or excavation may not be conducted within 25 
feet of a known burial site or within 25 feet of the boundaries of an established cemetery, 
whichever is the greater, whether or not the burial site or established cemetery is properly 
recorded in the deed to the propeliy, except when the construction or excavation is 
performed pursuant to a lawful order or permit allowing the relocation of bodies eF ~ 
when necessary for the construction of a public improvement, as approved by the 
governing body of a city or town or, in the case of a state highway, by the Commissioner 
of Transportation or when necessalY for the construction of a private sewer line 
connection to a public sewer system if no other practicable alternative exists and the 
construction of the private sewer line connection is approved by the governing body of a 
city or town. 
A municipality may enforce this subsection or any local ordinance 
concerning burial sites or established cemeteries pursuant to Title 30-A, section 4452, 
including the assessment of civil penalties. 
In the event of any violation of this subsection, the Attorney General may seek to enjoin a 
further violation, in addition to any other remedy. 
SUMMARY 
The bill amends the law governing construction and excavation near burial sites by 
adding an exception for construction of a private sewer line connection to a public sewer 
system. 
Page I - 124LROI93(OI)-1 
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