April 1987 - Kentucky Archaeology Survey is Born

Registry will assist landowners wanting to protect historic sites
Art Landers ~ Lexington Herald-Leader ~ 4/9/1987

Kentucky now has a program to assist landowners who want to preserve archaeological sites on their property.

The Kentucky Archaeological Registry (this later became the Kentucky Archaeological Survey) seeks to help save Kentucky's cultural heritage - most notably the tools, ceramics and remains of prehistoric inhabitants.

"This first year we hope that between 12 and 20 sites will be placed on the registry. The first agreement was signed in March. The fourth one was finalized just today (Monday)," said Thomas Sanders, manager of site protection for the Kentucky Heritage Council (KHC).

Under the program, landowners pledge to preserve and protect the archaeological sites on their property, notifying the KHC of any threats such as vandalism, sale of the property, proposed construction or other ground-disturbing activities. In return, the KHC assists the landowner with site management, conservation information and tax advantages. Landowners enrolled in the program receive a plaque and/or certificate.

David L. Morgan, director of the KHC and State Historic Preservation Officer, said the Kentucky Archaeological Registry is modeled after the Natural Areas Program (administered by the Kentucky Nature Preserves Commission), which seeks to identify and preserve lands unaltered by man, such as wetlands, prairies and rare and endangered forest types.

Sanders said that while very few states have laws protecting archaeological sites on privately owned land, federal and state laws (Antiquities Act) (ref. Federal Antiquities Act of 1906, state KRS 164.705-735, 164.990) provide protection for sites in federal, state, local and municipal areas from unauthorized excavation.

"The state's trespassing law and the law which makes it illegal to possess human skeletal remains without a coroner's permit are the only two regulations we have here in Kentucky to stop the indiscriminate digging of sites on private land," Sanders said. "A permit is required to exhume any human body."

Sanders said there are some 11,000 known archaeological sites in Kentucky . "Many times that number aren't documented. A site could range from a small hunting camp or burial mound to a large village. The locations of the known sites are recorded on computer at the state office of Archaeology (in Lexington)" (UK Anthropology Department's Office of State Archaeology), Sanders said.

Sanders said the data base comes in handy during the environmental review process when construction projects threaten archaeological sites. "Just last year Columbia Gas approached us about a pipeline they were building to the Toyota plant. They determined that it would cross a known archaeological site," Sanders said. "That particular situation is a good example of corporate responsibility."

Sanders said Columbia Gas put up the money to have the site excavated professionally by members of the KHC and UK Department of Anthropology, who spent several weeks digging at the site in Bourbon county last fall. "About 12 burials were unearthed," Sanders said.

Morgan said after a site has been excavated by archaeologists and the artifacts have been examined, the archaeologists report on their findings. The artifacts from such digs are often displayed at museums. One such exhibit is at UK's Museum of Anthropology in Lafferty Hall.

Morgan pointed out that Indians not only roamed Kentucky seasonally to hunt wild game and gather edible and medicinal plants, but eventually they built permanent settlements.

Gov. Martha Layne Collins recently honored Murray State University for preserving the Wickliffe Mounds in Ballard County, Kentucky's first National Archaeological Landmark (part of the National Historic Landmarks program). The site, which was known as Ancient Buried City while it was a privately owned tourism attraction, has been reopened to tours, Morgan said.

Sanders said it's a shame that Kentucky doesn't have any state-operated archaeology parks. "It's kind of embarrassing," Sanders said. "There are archaeology parks in Tennessee, Indiana, Ohio and West Virginia. It's one of our goals to try to become more involved in interpretive situations with the public."

February 1988 - Grave Robbing at Indian Burial Ground Prompts Stiffer Penalties

Senate OK's Bill boosting penalty for grave looting - Excavation of Indian Burial Ground in Union prompted legislative action
Lexington Herald Leader ~ 2/12/1988

FRANKFORT -- A bill that would make it a felony for artifact hunters to dig up graves was passed yesterday by the Kentucky Senate.

The measure was prompted by the alleged looting of an Indian burial ground in Union County

The vote was 34-0 on Senate Bill 178, which would split the crime of desecration of venerated objects -- now a Class A misdemeanor -- into first- and second-degree offenses.

Intentional excavation or disinterment of human remains "for the purpose of commercial sale or exploitation" would be a first-degree offense, punishable by one to five years in prison.

More common acts, such as vandalism of tombstones, would remain a misdemeanor as a second-degree offense, punishable by up to one year in jail.

One reason for making grave-robbing a felony is that offenders cannot be extradited for a misdemeanor, said the bill's sponsor, Democrat John Hall of Henderson.

Ten people, including four from Indiana and Illinois, were indicted in connection with the alleged desecration of a 40-acre Indian burial site in Union County. About 450 holes and the remains of more than 1,000 bodies were discovered at the site in December.

Hall said there were "bones scattered all over the 40-acre burial site." Indians from across the nation plan a mass reburial around Memorial Day.

Grave Dilemma - Urban Sprawl & Cemetery Preservation in Boone County

Grave Dilemma - With sprawl comes a new challenge: Graveyards. Do we preserve them or move the remains?
Stephanie Steitzer ~ The Kentucky Post ~ 11/15/2004

Behind the new METS corporate training center near Cincinnati/Northern Kentucky International Airport sits a 5-foot-tall white gravestone surrounded by a black fence.

Joseph Brown has been there for 157 years; his wife, Ann, for 148 years.

The silver Mercedes-Benz E500 parked in front of them on a recent chilly afternoon had been there for perhaps a few hours.

As housing subdivisions and commercial developments spring up in booming Boone County, old graveyards like the one behind the Metropolitan Education and Training Services Center get in the way. The dilemma then arises: preserve them or dig up the remains and move them to another location. Of the 195 identified cemeteries in the county, 28 have been preserved in the middle of developments, both residential and commercial. Like the one behind the METS Center, they are often fenced and unmarked.

About 30 feet from the 10th green at the World of Sports golf course are two small gravestones that are flush with the grass. They're hardly noticeable until a golfer's ball hits one and the ball soars north.

Boone County Planner Matt Becher estimates that of the 195 identified cemeteries in the county, only 23 are church or community cemeteries; the rest are private family graveyards. Most are small and more than a century old, established on the edge of family lands when Boone was deeply rural.

Cemetery preservation is a hot topic in Boone County, unlike in Campbell and Kenton counties, because of the growth. Officials in Kenton and Campbell counties have no idea how many cemeteries are in those counties or where they are located, leaving the task up to local historical societies and libraries.

The topic gets even hotter in Boone when someone wants to relocate a grave.

Digging up graves is often the only option, especially when new roads need to be built over the graveyard. But the process of digging up remains and moving them is complicated and can upset descendents.

"The thing we would want to do is keep people from moving cemeteries, but state law says you can," Becher said.

At least one Northern Kentucky developer prefers preservation to relocation.

"In most cases, the family doesn't want it relocated," Fischer Homes President Bob Hawksley said.

He said it isn't too expensive to fence off a cemetery, like the one in Fischer's Tree Tops subdivision in Hebron, although it can be somewhat of a hassle.

Hawksley said developers just need to make minor adjustments to allow for access, and to find homebuyers who are willing to have a cemetery easement on their property.

Cemetery preservationists recently began rallying county officials to work harder to identify and preserve cemeteries after the South Fork Christian Church in Verona last year disinterred 12 graves on its property and reburied them about 80 feet away.

A few descendents of those who were moved to make way for the church expansion are upset that they were not notified of the reburial. Church officials said the remains were disinterred according to local and state guidelines. Jan Garbett, president of the Johnson-Wilson Cemetery Stewards Association, said she would prefer cemeteries only be moved to build new roads.

"That would be one instance where I can see it might have to be relocated because that definitely is for the common good," she said. "But beyond that, I'm hard-pressed to think of any other good reasons."

Becher said part of the problem is that state law on cemeteries is vague and that there is no accountability.

For example, Kentucky Administrative Regulation 5:090 states that when one or more bodies are reburied in the same cemetery, a permit must be obtained from the local registrar. It does not clarify if permission must be obtained from descendents, nor does it define "same cemetery."

South Fork officials say they followed this section of the law when they moved the bodies 80 feet away.

But Garbett argues that where the bodies were moved is not a designated cemetery, and, therefore, church officials should have followed another section of the law that states permission from descendents must be obtained.

Boone County officials have been meeting with members of the non-profit Johnson-Wilson group and the county's historic preservation board to clarify the rules and look for ways to better identify and save old cemeteries.

Garbett said her Burlington-based group was established a couple of years ago to preserve her family's cemetery. After fixing up the Johnson-Wilson Cemetery, the group decided to broaden its focus and work to save more small family cemeteries throughout the county.

The group recently received the deed to a cemetery in the Parlor Grove subdivision in Hebron and plans to clean it up and conduct archaeological studies to determine if Native Americans are buried under the European Americans. The project is expected to cost more than $5,000 -- a steep price for a small group that struggles to raise money.

"If we can't look back at our past and recall our own heritage, then I think we are a nation in deep trouble," Garbett said. "How can we plan for our future?"

Garbett's group asked Boone County Judge-Executive Gary Moore to form a task force to study cemetery preservation, but Moore doesn't believe one is necessary.

"This is something the cemetery preservation group as well as the historic preservation (board) have done for years," he said. "I really don't see the need to create another entity when we already have those in place."

One explanation for the rallying cry regarding Boone cemeteries is the large number of small family cemeteries, due to the county's rural history.

Also believed to be buried throughout the county -- in hard-to-reach parts of western Boone County in many cases -- are Native Americans, pioneers and slaves.

In July, a construction crew discovered Native American remains while digging out the foundation for a home in Petersburg. Archaeologists who were called to the site confirmed that the remains of 24 Fort Ancient-era Native Americans were uncovered.

Another answer for all the commotion about graveyards in Boone County is the fast-pace of development. What was mostly farmland and open space 15 years ago is now a sprawling suburb, with new homes, businesses, schools and roads sprouting quickly.

"With that growth spurt, cemeteries become, I think, more in jeopardy because they are exposed by development," Garbett said.

Although Garbett's group is pressing county officials to do more to identify and preserve cemeteries, Boone County is actually ahead of the game compared to Kenton and Campbell counties.

The Boone County Planning Commission's historic preservation board dedicates much of its resources to keeping track of cemeteries. Unlike Kenton and Campbell counties, whose planning commissions have no part in dealing with graveyards, Boone County planners can pinpoint on a map where all the identified cemeteries are located.

Boone County also is one of only two counties in the state -- the other being Jefferson -- to have a section regarding cemetery preservation in its zoning ordinance. It deals with such issues as weed and grass removal, fence upkeep and prescribes the state law relating to cemetery relocation.

"I've always held Boone County up as an example of what to do," Ken Reis, president of the Campbell County Historical Society, said.

The historical society and the county library are the main keepers of cemetery data in Campbell County. Reis said he doesn't have as good a count of cemeteries, but he estimates there are at least 50 private cemeteries in the county, maybe more.

Reis said he drafted a proposed section on cemeteries for Campbell County's zoning ordinance, based largely on Boone County's, but county officials weren't interested.

"I have been fighting this battle for the past 15 years, and it's not easy," he said.

Campbell County Planning Director Peter Klear said his planning commission lacks the resources to focus much attention on cemeteries.

He said cemetery preservation just isn't as big an issue in Campbell County as it is in Boone County because very little development is taking place. And, he said, there aren't as many private cemeteries in Campbell.

If a cemetery is discovered by a prospective developer, Klear said many times they will just pass the site by and find a new one without the hassle.

It's a similar story in Kenton County.

John Boh, secretary of the Kenton County Historical Society, estimates there are 125 to 175 private cemeteries scattered throughout the county.

Kenton County officials leave record keeping and preservation up to state authorities, said Mike Schwartz, Northern Kentucky Area Planning Commission's director for current planning.

He said there hasn't been a need for regulations pertaining to the preservation of cemeteries.

"It's never been a problem," he said. "I don't recall ever having a complaint."

Although Boone County is further ahead than Campbell and Kenton counties in preserving cemeteries, Becher would like to do more.

For starters, Becher said he wants to keep the cemetery map up to date, as well as the information stored in the library.

He also wishes there was more oversight to make sure developers and others are properly handling cemeteries.

"I'm not set up to go out and watch," he said. "It's reactionary."

Most of all, the cemetery preservationists would like to see less relocation, which causes problems, like the situation at South Fork Christian Church. Instead, Becher said he prefers a more peaceful coexistence between a cemetery and development.

He thinks that is the case at the METS Center, where Mr. and Mrs. Brown rest peacefully next to the $7.5 million brick building, surrounded by fallen leaves.