New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A4726

Introduced
10/11/22  

Caption

The "Family and Private Burial Grounds Preservation Act."

Impact

If enacted, A4726 would significantly strengthen the legal protections associated with family and private burial grounds, which have often been vulnerable to encroachment from development projects. The legislation mandates that property owners report the existence of such burial grounds and comply with local land use regulations, or they may face civil and criminal liabilities for violations. Additionally, it requires new construction or excavation within proximity to these sites to receive written approval from relatives of the deceased, thus ensuring familial consent in matters concerning burial grounds. The DEP is granted authority to manage any instances of neglect and ascertain the necessary measures to address hazardous conditions related to these sites.

Summary

Assembly Bill A4726, known as the Family and Private Burial Grounds Preservation Act, seeks to provide comprehensive protection for family and private burial grounds in New Jersey. It empowers the Department of Environmental Protection (DEP) to supervise and enforce regulations governing these burial sites, which contain the remains of individuals interred by families rather than through government or commercial entities. The bill establishes a legal framework against disturbances, mutilation, or desecration of such burial grounds and the remains contained therein. Violators face significant civil and criminal penalties, establishing a deterrent against unlawful activities related to these sensitive sites.

Contention

The notable points of contention surrounding A4726 stem mainly from its implications for property rights and the responsibilities of property owners. Some critics argue that the bill may impose excessive restrictions on land development near private burial grounds, potentially complicating or delaying construction projects. Others may express concerns regarding how the definitions within the bill might be interpreted, particularly in determining what constitutes a burial ground and how property owners should manage them. Overall, the bill represents a proactive step towards preserving familial heritage and respecting the sanctity of burial sites as part of New Jersey's cultural and historical landscape.

Companion Bills

No companion bills found.

Previously Filed As

NJ A3475

The "Family and Private Burial Grounds Preservation Act."

NJ S4382

The "Family and Private Burial Grounds Preservation Act."

DC B26-0020

Historic African American Burial Grounds Preservation Fund Amendment Act of 2025

DC B26-0020

Historic African American Burial Grounds Preservation Fund Amendment Act of 2025

WA HB1065

Concerning family burial grounds.

WV SB1066

Protecting burial rights and lot ownerships for cemeteries and burial grounds

NJ A3909

Allows for operation of crematories at locations not situated on cemetery grounds or funeral home properties.

NJ S2934

Allows for operation of crematories at locations not situated on cemetery grounds or funeral home properties; provides for issuance of permits for certain crematories.

NJ A3950

Allows for operation of crematories at locations not situated on cemetery grounds or funeral home properties; provides for issuance of permits for certain crematories.

GA SB146

Health, Local Government, and Property; regulations and protections of cemeteries and burial grounds; provide

Similar Bills

VA HB1236

Historical African American cemeteries and graves; qualified organization, Fairfax burial grounds.

CA SB777

Abandoned cemeteries: report.

NV AB350

Revises provisions relating to cemeteries. (BDR 40-874)

TX SB217

Relating to establishing the Historic Texas Freedmen's Cemetery Designation Program; authorizing a fee.

HI SB1377

Relating To Veterans Cemeteries.

HI HB1058

Relating To Veterans Cemeteries.

HI HB1058

Relating To Veterans Cemeteries.