An Act Regarding Construction and Excavation near Burial Sites
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 13 MRSA §1371-A, sub-§1, 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 property, except when the construction or excavation is performed pursuant to a lawful order or permit allowing the relocation of bodies or , 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 necessary 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.