Cemetery Laws in Maryland

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 (§ 10‑402, Criminal Law Article): If you accidentally discover human remains or grave-related materials, notify the State’s Attorney’s Office in the county where the discovery occurred, as law enforcement determines whether the remains may be associated with a crime.
• Access, maintenance & changes to cemetery (§ 14-121, Real Property Article): 
  • If a burial site has existed for more than 50 years, the landowner or controlling entity must consult with the MHT director before altering markers, remains or the site’s setting.
  • A “person in interest” (such as a descendant or heir) may request the owner to grant reasonable access to the burial site for the purposes of restoration, maintenance or viewing.
• Protection against disturbance (§ 5A‑342, State Finance and Procurement Article): No ground-disturbing activities may be conducted on state-owned or state-controlled property without obtaining an archaeological permit from MHT.
• Protection against vandalism (§ 10-404, Criminal Law Article): It is a misdemeanor to willfully destroy, damage or remove grave markers, walls, fences, or plants on a cemetery. Penalties may include up to five years of imprisonment or fines of up to $10,000 for major violations.
• Ownership & lot regulations (§ 5-503, Business Regulation Article):
  • If someone owns a burial plot or crypt in a cemetery that is legally regulated (e.g., a cemetery company or perpetual-care cemetery), that plot is not counted as taxable property for the purposes of inheritance tax or claims against the person’s debts after death.
  • The lot must be held only for burial but may be transferred by will or consent of the owner of the cemetery.

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: § 17-6-503 and § 18-11-111
• Baltimore City: Ch. 28, § 10-2 (page 54) and Health Code, § 18-101 (Page 301)
• Baltimore County: § 17-1-115, § 21-20-102, § 21-20-103, § 21-20-105, § 101.1, and § 401.1.1
• Caroline County: § 89-3, § 89-4, § 89-5, and § 89-8
• Carroll County: § 14-119
• Cecil County: § 165-2
• Charles County: § 278-46 and § 278-55
• Dorchester County: § 63-5, § 63-6, § 63-8, and § 140-25
• Frederick County: § 1-16-242
• Howard County: § 16.1303, § 16.1304, § 16.1306, and § 16.1308
• Montgomery County: § 3.5.4, § 4.3, and § 33A-17
• Prince George’s County: § 2-146, § 2-477, § 2-478, § 2-485, § 2-486, § 2-488, § 14-130, and § 24-135.02
• Queen Anne’s County: § 13-1, 3
• Somerset County - PDF : County Engineer’s Checklist
• Talbot County: § 190-28.5 and § 190-28.6
• Washington County - PDF : § 10-201 and § 10-202
• Wicomico County: § 225-83, § 225-105, § DC4-12, § FC3-2, § MC1-11, § PC-19, § SC5-1, § SHC3-1, § WC-18
• Worcester County: § ZS 1-201 and § ZS 1-208
• City of Frederick: § 322
• Rockville: § 1, § 13-52, and § 13-57
• Gaithersburg: § 2 (Appendix F) and § 15-4
• Hagerstown: § 173-10 and § 401 

Counties and municipalities with no local ordinances: Allegany County, Calvert County, Garrett County, Harford County, Kent 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.

Under § 14-121(g)(1), descendants, researchers, or county staff may ask to enter private property to photograph or map a burial site for county records, and the landowner generally must allow access as long as no ground is disturbed. 

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.