157.70 Burial sites preservation.

720 words·~3 min read·/wi/chapter-157/157-70-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

(a)“Board” means the burial sites preservation board.

(b)“Burial site” means any place where human remains are buried.

(c)“Cataloged” means recorded under sub.

(a),

(e)or

(c)or s. 157.70

(a), 2015 stats., or s. 157.70

(b), 2015 stats.

(cm)“Dedicated” has the meaning given in s. 157.061

(4).

(d)“Director” means the director of the historical society or his or her formally appointed designee.

(e)“Disturb” includes defacing, mutilating, injuring, exposing, removing, destroying, desecrating or molesting in any way.

(em)“Division” means the division of hearings and appeals in the department of administration.

(f)“Human remains” means any part of the body of a deceased person in any stage of decomposition.

(g)“Interest” means an interest based on any of the following:

1. Direct kinship.

2. A cultural, tribal or religious affiliation.

3. A scientific, environmental or educational purpose.

4. Land use.

5. A commercial purpose not related to land use which is consistent with the purposes of this section.

6. Any other interest which the board deems to be in the public interest.

(gm)“Notify” means to communicate by letter or by electronic mail or other electronic means approved by the director.

(h)“Owner” means a person who owns or leases land on which a burial site is located.

(hm)“Person” includes the state.

(i)“Qualified archaeologist” means an individual who has a graduate degree in archaeology, anthropology or a closely related field and at least one year of full-time professional experience or equivalent specialized training in archaeological or physical anthropological research, administration or management, at least 4 months of supervised field and analytic experience in general North American archaeology or physical anthropology and a demonstrated ability to carry research to completion.

(1m)Applicability. This section does not apply to the disturbance of cataloged land contiguous to a cataloged burial site if the cataloged burial site was recorded under sub.

(i)before August 9, 1989.

(2)Director’s duties. The director shall:

(a)Identify burial sites in this state and, for burial sites that are not dedicated, sufficient contiguous land necessary to protect the burial site from disturbance. For any such burial site for which the director determines there is sufficient evidence under sub.

(2c), the director shall notify every owner of the burial site and contiguous land so identified that the site or land will be recorded in a catalog unless the owner requests a hearing under sub.

(a). The director shall include in the notice the date by which the director intends to record the site or land in the catalog, which shall be no less than 30 days after the date of the notice. If the director’s determination is not contested under sub.

(a), the director shall record the site and land so identified in a catalog. If the director’s determination is contested under sub.

(a), the director shall record the site and land in the catalog only as subsequently permitted by a final decision of the board, the division, or a court. Whenever a burial site and land are recorded in the catalog under this paragraph, the director shall notify every owner and any county or local historical society in the county where the burial site or the land is located. Any information in the catalog related to the location of any burial site, the disclosure of which would be likely to result in the disturbance of the burial site or the cataloged land contiguous to the burial site, is not subject to s. 19.35

(1). A notice of a recording in the catalog shall include information about the permit required under sub.

(5)and the toll free number the owner may call for more information. The director may, in order to carry out his or her duties under this paragraph, obtain a special inspection warrant as provided in s. 66.0119 if entry to the site has been refused. In this paragraph, “sufficient contiguous land” means land that is within at least 10 feet from any part of a burial site, unless the director determines based on the unique characteristics of the land that a shorter distance is sufficient to protect the burial site from disturbance.