Rhode Island Code of Regulations Title 500 - Advisory Commission on Historical Cemeteries
Rhode Island Code of Regulations Title 500 – Advisory Commission on Historical Cemeteries
Overview
Title 500 of the Rhode Island Code of Regulations governs the Advisory Commission on Historical Cemeteries (ACHC). This Commission is tasked with the preservation, protection, and oversight of historical cemeteries throughout Rhode Island. The regulations under this title set forth the Commission’s authority, responsibilities, procedures, and standards for managing and safeguarding these culturally and historically significant sites.
Key Roles and Responsibilities of the Advisory Commission
Identification and Documentation: Locating, documenting, and maintaining records of historical cemeteries in the state.
Protection and Preservation: Developing and enforcing standards and guidelines to protect historical cemeteries from neglect, vandalism, or destruction.
Review and Approval of Work: Overseeing any proposed work or alterations within or near historical cemeteries, including restoration or excavation.
Public Education and Outreach: Promoting awareness about the importance of preserving historical cemeteries and encouraging community involvement.
Coordination with Other Agencies: Working with local governments, historical societies, and other entities to ensure comprehensive cemetery protection.
Administrative Procedures under Title 500
Commission Authority and Jurisdiction
Defines the geographic and functional scope of the Commission’s oversight.
Grants authority to review projects impacting historical cemeteries.
Application and Review Process
Outlines procedures for submitting proposals for work in or around cemeteries.
Details criteria used by the Commission to approve, modify, or deny applications.
Enforcement Mechanisms
Provides for investigation of violations relating to historical cemeteries.
Specifies penalties or corrective measures when preservation rules are breached.
Maintenance Standards
Establishes minimum standards for cemetery upkeep and restoration.
Encourages use of historically appropriate methods and materials.
Public Access and Records
Ensures public access to cemetery records, maps, and Commission decisions.
Balances access with the need to protect sensitive or fragile sites.
Case Law Illustrations Related to the Advisory Commission
1. In re Protection of Smithfield Historical Cemetery (Example)
Facts: A developer sought to build near a recognized historical cemetery; the Commission denied the permit due to potential damage to the site.
Held: The court upheld the Commission’s decision, emphasizing its statutory and regulatory mandate to protect historical cemeteries.
Significance: Affirmed the Commission’s authority to restrict developments threatening cemetery integrity.
2. Jones v. Advisory Commission on Historical Cemeteries (Example)
Facts: A property owner challenged the Commission’s order requiring restoration of an abandoned historical cemetery on private land.
Held: The court supported the Commission’s order, highlighting the public interest in preserving cultural heritage outweighing certain private property concerns.
Significance: Highlighted the balance between private rights and public preservation interests.
3. Public Access to Cemetery Records Case (Example)
Facts: A dispute arose over public access to detailed maps of historical cemeteries.
Held: The court ruled that while records are public, access must be managed to prevent vandalism or harm.
Significance: Supported the Commission’s discretion in balancing transparency with protection.
Importance of Title 500 Regulations
Cultural Preservation: Protects Rhode Island’s historical heritage through cemetery conservation.
Legal Oversight: Provides clear standards and enforcement mechanisms for preservation efforts.
Community Engagement: Encourages public participation and education on cemetery history and protection.
Balancing Interests: Manages the tension between private property rights and public historical interests.
Summary
Title 500 sets forth the regulatory framework for the Advisory Commission on Historical Cemeteries in Rhode Island.
The Commission has broad authority to oversee, protect, and regulate historical cemeteries.
Courts have generally upheld the Commission’s regulatory actions, emphasizing public interest and preservation.
The regulations promote stewardship of historical cemeteries through
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