2009 Rhode Island Code
Title 46 - Waters and Navigation
CHAPTER 46-15 - Water Resources Board
§ 46-15-12 - Cemeteries affecting water supply.

SECTION 46-15-12

   § 46-15-12  Cemeteries affecting water supply. – (a) In the event that any sites, lands, or other property acquired by the board pursuant to chapter 15.1 of this title, and/or in accordance with chapter 6 of title 37, as amended, for the purpose of constructing or maintaining a reservoir or other terraneous or subterraneous supply, transmission, or distribution of potable water, contain any burial ground, cemetery, historic cemetery, graves, or places of human burial, and if these places are to be flowed by water or are located so near to the reservoir or other water source as to be likely to pollute or reduce the quality or value of the waters as a potable water supply, the water resources board shall remove the remains found in the burial places.

   (b) The removal is to be under the direction of a qualified funeral director and with the approval of the next of kin of the deceased, and at the expense of the water resources board. However, notwithstanding the foregoing, the board shall only be liable for those expenses associated with removal of the remains and existing headstone, and transfer and reinterment of the remains within the state of Rhode Island. In the event that the next of kin desires to have the remains transported or reinterred outside of the boundaries of the state of Rhode Island, any and all expenses related to the transportation and reinterment outside of the state of Rhode Island shall be the responsibility of the next of kin.

   (c) No cadaver or remains shall be removed by the water resources board unless the water resources board shall give notice by certified mail to the nearest of kin known to the water resources board, and/or, in the case where no kin is known to the water resources board, by advertising in one or more daily newspapers having circulation within the town or city wherein the cemetery is located, at least once a week for three (3) successive weeks. The advertisement shall set forth the names of the deceased and the date of death, if the information is known or otherwise reasonably discernible from available records, as well as, the present location of the cemetery or burial site.

   (d) In the event that no kin is known or that the nearest of kin shall neglect or refuse to approve the removal and reinterment, the water resources board shall cause the cadavers or remains to be removed, transferred, and interred in such other cemetery in accordance with the laws, rules, and regulations of the religious denomination, if any shall be known or ascertained, to which the deceased subscribed. The water resources board may, at its option, furnish a place or places for these burials, and may establish a general burial ground or grounds therefor, and may acquire by purchase or condemnation any lands needed therefor. No general burial ground or grounds shall be established in any town without the prior approval of the town council of the town of the location or locations thereof.