An Official Website of the Commonwealth of Kentucky
The Kentucky Heritage Council is engaged when a cemetery is part of a federally funded or permitted project. If you have questions about whether a cemetery is or should be documented as an archaeological site, contact the Office of State Archaeology. The Society for American Archaeology's Statement Concerning the Treatment of Human Remains can be accessed by clicking here.
Please note that our agency has no regulatory authority pertaining to cemeteries beyond that granted under the National Historic Preservation Act. A complete list of Kentucky statutes pertaining to burials and cemeteries can be found here.
Developed by the KHC, this is a field-based program that introduces students to historic preservation through hands-on cemetery research and maintenance. Blending classroom instruction with on-site learning, the program highlights cemeteries as important cultural resources that reflect Kentucky’s regional history and changing community identity. If you have questions or interested in applying, please contact Nicole Konkol or Nicole Roth.
"Two years ago I was contacted by a local high school Life Skills teacher requesting information about our city's cemeteries. We came up with a 2 day "workshop" in which the students would learn the history of 3 cemeteries, the symbolism of many of the headstones, conduct a scavenger hunt to find the symbols and end with students cleaning various headstones. Immediately, I contacted the Heritage Council for advice and assistance. Nicole Konkol and RaShae Jennings came to share their knowledge and experience both days. It couldn't have been better! The students loved it, asked questions and paid attention. Do you want to know what they enjoyed the most? Cleaning the stones!"
Cemetery Access, Ownership, and Abandonment
The Kentucky Heritage Council frequently receives inquiries regarding abandoned cemeteries, cemetery access, ownership, maintenance, and other cemetery-related disputes. While we understand these issues are important and emotionally significant, the Kentucky Heritage Council does not have statutory or regulatory authority over cemeteries and cannot intervene in private or public cemetery matters.
If your inquiry involves legal rights, property ownership, cemetery access, abandonment, maintenance responsibilities, or interpretation of Kentucky law, you should consult a licensed attorney in your local area. An attorney can advise you on your legal rights and any remedies that may be available based on your specific circumstances.
The Kentucky Heritage Council's role is to support the identification, documentation, preservation, and stewardship of Kentucky's historic and archaeological resources. Although we may be able to provide general information about historic cemeteries or refer you to other resources when appropriate, we cannot serve as a legal authority or adjudicate cemetery disputes.
The Kentucky Attorney General has historically supported granting cemetery access to family members of the deceased. In some circumstances, access roads to cemeteries can be donated to that county. Cemetery access can be listed as a condition to the issuance of any mine permit.
2. What can I do about a cemetery threatened by development?
Contact your county attorney to learn about what options may be available to you. If your county attorney is not able to assist you, it may be useful to contact a private attorney.
Several years ago, funding opportunities through grant programs were more readily available than they are today. The Kentucky Department for Local Government Preservation Fund allows for County Cemetery Preservation Boards to apply for grants. Please contact the Department for Local Government for more information.
Unfortunately, many preservation grant funds have been depleted, but you never know when money may be available again. We encourage you to help re-establish funding for cemetery preservation by contributing to the Local History Trust Fund on your state tax form, and learning more about previous grant recipients and projects.
Please refer to this Cemetery Disaster Planning guide published by the Chicora Foundation, a nonprofit heritage preservation organization.
To help you through the process of cemetery documentation, the Kentucky Heritage Council has a form for Recording Historic Graves and Cemeteries
6. Can I maintain my family cemetery if I sell the property on which the cemetery is located?
To ensure access to your family cemetery during and after a land transaction, you might consider including information pertaining
The Kentucky Heritage Council's Site Protection Program recommends the use of remote sensing. This is a non-ground-disturbing technique that can provide very specific information on numbers and locations of graves.
A frequently recommended source of information on cemetery preservation is "A Graveyard Preservation Primer" by Lynette Strangstad; published by American Association for State and Local History, in cooperation with Association for Gravestone Studies; AASLH, Nashville, TN, 1988.
If the information provided here does not address your questions or concerns, please email Nicole Konkol.
Examples of hand-carved headstones by contemporary stone mason Stuart Joynt of Winchester, Kentucky.