Cemetery Protection

About historic cemeteries and burial grounds

Historic cemeteries and burial grounds are vital parts of Maryland’s heritage, but many lie hidden in woodlands, farm fields, or forgotten lots and face threats from erosion, development, vandalism and neglect. Some contain unmarked graves or simple fieldstones that no longer reveal the names of the people buried there.  

The Maryland Historical Trust (MHT) provides information and guidance to help property owners, researchers, and local governments understand and care for these historic sites in accordance with state law. 

What the law requires

Ground disturbance & discovery 

Maryland law protects burial sites, especially those more than 50 years old. 

Some graves, especially those of Indigenous and enslaved peoples, may be unmarked — including graves that may lie outside the boundaries of known cemeteries. Trying to probe the ground to find unmarked graves can cause damage. It should be done only by a trained archaeologist with the landowner’s permission. 

No ground-disturbing activities may be conducted on state-owned or state-controlled property without obtaining an archaeological permit from MHT. Some local governments also regulate cemeteries through local laws. 

If human remains or grave-related materials are discovered accidentally, notify the State’s Attorney’s Office in the county where the discovery occurred. 

Learn more about the specific statutes and legal responsibilities that apply to historic burial grounds on our Cemetery Laws in Maryland page. 

Required consultation 

If you plan on carrying out any work that will impact the grave markers, human remains, or surrounding environment of a burial site, please complete and submit the appropriate form to initiate consultation with MHT. 

Advice for Owners Form

Advice for Non-owners Form

Inventories & documentation 

National Register 

Cemeteries are generally not eligible for the National Register of Historic Places — the federal government’s list of historically significant properties — unless they meet special standards, like: 

• Exceptional age or distinctive design
• Association with important individuals or events
• Potential to yield significant information through archaeology 

State inventories & local records

In 2025, the Maryland General Assembly directed a working group of agency representatives and cemetery advocates to produce a report with recommendations for a state cemetery inventory system - PDF 794.42 KB. The report includes a recommendation that MHT create and maintain a data layer for cemetery inventory. Currently, however, MHT does not maintain a separate statewide cemetery inventory.  

Some cemeteries appear in archaeological site files or in the Maryland Inventory of Historic Properties individually or within the boundaries of other historic properties, such as churches, farms and historic districts. 

Some local governments maintain inventories of cemeteries within their jurisdictions. In some cases, private entities collect and maintain records. The cemetery inventory report contains an overview of these efforts in Maryland. 

Ground penetrating radar by qualified archaeologists can be an important tool for cemetery documentation. MHT has developed guidance - PDF 1.28 MB for these kinds of surveys, which researchers must follow for any state-funded or state-permitted activity.  

How you can help 

• If you locate or suspect a historic cemetery, share its location and any details with your local planning office and MHT so it can be documented in preservation reviews.
• Avoid probing, digging or cleaning headstones unless you’re trained and have the owner’s permission. When cleaning markers, use gentle methods and never bleach, wire-brush, or pressure wash stone.
• Keep vegetation trimmed, manage drainage, and report vandalism or disturbances to local authorities.

Funding opportunities 

While MHT does not have a dedicated cemetery grant program, some burial grounds may qualify for broader preservation funding, especially if they meet criteria for the National Register of Historic Places. Funding opportunities include: 

• Historic Preservation Capital grants for projects involving eligible National Register properties
• Maryland Heritage Areas Program grants for sites within certified heritage areas
• African American Heritage Preservation Program grants for significant African American burial grounds