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Maryland Historical Trust

Cemetery Laws in Maryland

Old gravestone partially covered by green foliage, featuring weathered text.

Historic cemeteries and burial grounds in Maryland are protected by state law and, in some cases, by local ordinances. These laws govern how burials are treated, accessed, documented, and preserved — whether marked or unmarked. The Maryland Historical Trust (MHT) provides this overview to help you understand the main legal requirements and where to find the full details. 

Key areas of state law 

  • Accidental discovery (Md. Code, Criminal Law Article, §10‑402): If you find human remains or items related to a grave by accident, stop what you are doing and notify the local State’s Attorney’s Office immediately. Law enforcement must determine if the remains are related to a crime.
  • Removal or disturbance of human remains (Md. Code, Criminal Law Article, §10-402): You may only move human remains from a burial site if you have written permission from the State’s Attorney. Moving remains is only allowed for specific reasons, such as an official investigation, correcting a burial, or approved scientific/archaeological work. If moved, the remains must be reburied according to state rules, and the new location must be officially recorded.
  • Protection against vandalism (Md. Code, Criminal Law Article, §10-404): It is a misdemeanor crime to intentionally destroy, damage, or remove headstones, fences, or plants from a cemetery. It is also illegal to behave in a disorderly or indecent way on cemetery grounds. Penalties for serious violations can include up to five years in prison or fines up to $10,000.
  • Access, maintenance & changes to cemetery (Md. Code, Real Property Article. §14-121): Family members or descendants (known as "persons in interest") can ask a landowner for reasonable access to a burial site to maintain it, view it, or perform burial-related activities.
  • Historic burial sites (Md. Code, Real Property Article, §14-121.1): If a burial site is more than 50 years old, the landowner must consult with the director of MHT before changing any markers, remains, or the area surrounding the graves.
  • Archaeological protection on state land (Md. Code, State Finance and Procurement Article, §5A-342): Any digging or ground disturbance on state-owned property requires an archaeological permit from MHT. This applies to any area where burial sites or remains might be located.
  • Ownership & lot regulations (Md. Code, Business Regulation Article, §5-503):
    • If someone owns a burial plot or crypt in a regulated cemetery (e.g., a cemetery company or perpetual-care cemetery), that property cannot be taxed for inheritance purposes. It also cannot be seized to pay off your debts after you pass away.
    • These lots must be used only for burial but can be transferred through a will or with the cemetery owner’s consent.

Other state statutory references

  • Md. Code, Criminal Law Article, §10-401: Definitions of terms like "burial site" and "funerary objects."
  • Md. Code, Criminal Law Article, §10-403: Prohibits buying, selling, or transporting human remains.
  • Md. Code, Health-General Article, §4-215: Rules for transit permits and procedures for moving remains.
  • Md. Code, Land Use Article, §5-102(d): Requires developers to provide access and protection for burial sites.
  • Md. Code, Real Property Article, §14-122: Allows local governments to maintain and preserve burial sites.
  • Md. Code, State Finance and Procurement Article, §10-309: Requirements for the care of state-owned cemeteries.
  • Md. Code, Tax-Property Article, §9-261: Potential property tax credits for preserving burial grounds.
  • Md. Rules, Title 14, Rule 14-401: Court rules for selling or moving burial grounds.
  • Md. Code, Business Regulation Article, Title 5: General oversight of cemetery operations and permits.
  • Md. Code, Criminal Law Article, §10-402(c)–(d): Rules for notifying others when remains are moved.
  • Md. Code, Criminal Law Article, §10-404(e): Rules on who is liable for restoring damaged cemeteries.

Local codes & jurisdictions 

In addition to state laws, many counties and municipalities have their own ordinances that regulate cemeteries, such as requiring access roads or notification of burial sites in subdivision planning. 

If you are concerned about a cemetery or burial site, MHT recommends that you contact your local planning and zoning office with the resource’s location to ensure it is recorded for planning and permitting purposes. 

Individual ordinances 

  • Anne Arundel County Code §§17-6-503; 18-11-111
  • Baltimore City Code §§10-2; 18-101
  • Baltimore County Code §§17-1-115; 21-20-102; 21-20-103; 21-20-105; 101.1; 401.1.1
  • Calvert County Code §3-1.05
  • Caroline County Code §§89-3; 89-4; 89-5; 89-8
  • Carroll County Code §14-119
  • Cecil County Code §165-2
  • Charles County Code §§278-46; 278-55
  • Dorchester County Code §§63-5; 63-6; 63-8; 140-25
  • Frederick County Code §1-16-242
  • Harford County Code §267-88(C)
  • Howard County Code §§16.1303; 16.1304; 16.1306; 16.1308
  • Montgomery County Code §§3.5.4; 4.3; 33A-17
  • Prince George’s County Code §§2-146; 2-477; 2-478; 2-485; 2-486; 2-488; 14-130; 24-135.02
  • Queen Anne’s County Code §§13-1; 13-3
  • Talbot County Code §§190-28.5; 190-28.6
  • Washington County Code §§10-201; 10-202
  • Wicomico County Code §§225-83; 225-105; DC4-12; FC3-2; MC1-11; PC-19; SC5-1; SHC3-1; WC-18
  • Worcester County Code §§ZS 1-201; ZS 1-208
  • City of Annapolis Code Title 21
  • Town of Bel Air Code §165-27
  • City of Cambridge, Unified Development Code (Zoning)
  • Town of Chestertown Code §170
  • City of Cumberland Unified Development Code
  • City of Frederick Code §322
  • City of Gaithersburg Code §15-4; Appendix F §2
  • City of Hagerstown Code §§173-10; C-401
  • City of Havre de Grace Code ch. 49
  • City of Rockville Code §§1; 13-52; 13-57
  • City of Salisbury Municipal Code §§17.04.120; 17.36.020; 17.40.020; 17.152.020
  • Town of Sykesville Charter §C-20; Code §180

Counties and municipalities with no local ordinances: Allegany County, Garrett County, Kent County, Somerset County, St. Mary’s County, and Bowie.

What this means for you 

If you control land with a historic burial site, check whether the site has existed for more than 50 years and the majority of the persons interred in the burial site have been interred for more than 50 years. If either of these are the case, you will need to consult with MHT before making changes.

If you believe you have located a burial ground (even one with no visible markers) stop digging and consult MHT. 

If you believe you have located human remains or funerary objects, leave them where they were found and contact the State's Attorney's Office.

If you are planning maintenance, construction, or other changes near a burial site, review applicable local and state laws and consider seeking professional guidance.

If you descend from people interred in the cemetery or burial site, you have a right to access the site. Descendants, researchers, or county staff may ask to enter private property to photograph or map a burial site.