What You Can Do

Get Permission

Prior to any protective measures, get permission to access the cemetery. Identify the organization with legal jurisdiction over the cemetery, if there is one, and get written permission for preservation.

If it is on public land, contact the federal, state, or local government entity with the authority to protect the property. If the cemetery is accessible through private land, contact the landowner or his/her representative and negotiate access, in addition to obtaining written permission.

Cemetery associations govern many Texas cemeteries. If a cemetery association is involved, become familiar with its rules and regulations.

Record

Concerned citizens can protect historic cemeteries by documenting their locations and boundaries. If a cemetery’s boundaries are not clearly established in the county deed record, consider recording its existence through a Notice of Existence form and/or a HTC designation. This may be the single most valuable act of preservation for any cemetery. The designation process may happen at any time, and is superior to simply recording the boundaries.

While both the HTC designation and the Notice of Existence forms record the cemetery boundaries with the county clerk, the designation provides additional critical information that the Notice of Existence forms do not offer. The THC has created two types of notice forms:

• For historic cemeteries with above-ground evidence (grave markers, cairns, etc.).
• For burials discovered with no above-ground evidence, such as unmarked historic graves and prehistoric graves and cemeteries.

In all cases, however, balance common sense with practical considerations. There are times when publicizing the location of a cemetery is detrimental to its preservation. Vandals can desecrate secluded cemeteries that are located away from the eyes of the protective community. Keep statistical and historical information readily available for public use, but be discreet about the exact location of vulnerable cemeteries.

Security

Before any plans are made for preservation, take steps to secure the cemetery. If feasible, contact law enforcement officials and ask them to add the cemetery to their patrols. Surrounding landowners can be strong champions for a historic cemetery. Request their advice when creating security measures for the cemetery. Develop a good relationship with the local police department or sheriff’s office. Contact neighbors living near the cemetery and ask them to report any suspicious activity to the police. Let the neighbors know that an effort is underway to restore the cemetery and tell them who to contact if they notice any problems.

Erect fencing that is appropriate for the site. Livestock can knock down and trample grave markers, desecrating a cemetery. Deter vandals from damaging urban cemeteries by installing fencing that is easily seen through, allowing police and concerned citizens to see and report illegal activity. Fencing is the visual boundary of a cemetery, and should reflect the boundaries recorded in the deed record. When appropriate, use lights to illuminate the dark corners of the cemetery.

Do not restrict access to cemeteries, but consider posting rules and regulations. Post signs at entrances to let visitors know who to contact for access and to show that there is an active interest in the cemetery.

While vandalism and theft of grave markers, tombs, and cemetery features seem to be the most disturbing threats to any cemetery, simple neglect of maintenance is perhaps a more widespread and damaging problem.

Historical markers, cemetery clean-up days, and publicity efforts are tools that will increase public awareness of these important cultural resources. Such awareness and education are among the best ways to guarantee the preservation of a cemetery.

National, state, and local historical markers provide a focal point for drawing public attention to cemeteries. Historical markers provide an overview of the individual or institutions associated with a site. For information on the various options for historical markers offered by the THC, contact the History Programs Division at 512-463-5853 or history@thc.texas.gov.

Tips for Securing a Historic Cemetery (PDF)

Sample Theft or Vandalism Recovery Plan (PDF)

Survey

After the cemetery has been protected by recording its boundaries in the county deed records through the HTC designation process, plan a survey of individual cemetery features. Cemetery features include grave markers, fences, and landscape elements. Cemetery Preservation Program Coordinator Jenny McWilliams and program staff, can provide cemetery caretakers with samples for completing surveys and creating maps, database tips, and other tools.

Create a map of the cemetery grounds that includes the location of trees, bushes, fences, gates, and other landscape features. Note the location and orientation of each grave marker, mausoleum, crypt, and monument. Include the orientation of all marked and known unmarked graves. Assign each physical feature (headstones, footstones, fences, benches, etc.) a control number that will tie together the written, photographic, and map records.

Photograph all cemetery features, and label each image with the corresponding control number. If using a digital camera, adjust camera settings to record images between 1200 and 1600 pixels in order to capture images of sufficient resolution. Files should be backed up and stored in a retrievable method. Digital images should be labeled clearly with grid location and date. Images recorded with black and white film using a 35mm camera should also be labeled with grid location and date. Black and white film tends to be more stable than color, and 100ASA is a slower speed, which may provide a sharper image.

Try recording information in the morning in order to read partially obscured inscriptions. Since many grave markers face east, the morning sun may make inscriptions more legible. When it is not practical to record in the morning, use a mirror to angle the sun onto the grave marker to illuminate indistinct letters and numbers. Never use chalk, talc, flour, shaving cream, etc. as an aid to reading inscriptions. These materials are very difficult to remove and may contain chemicals, oils, emollients, or bacteria that can damage the delicate stones.

Develop a database or written record that includes a control number, date of record, name of cemetery, type of feature (headstone, footstone, crypt, obelisk, etc.), size of feature, description of material used to make the feature (limestone, granite, marble, wood, iron, zinc, etc.), condition of the feature, vital information from the markers (name, dates, epitaph, etc.), description of marker carvings, and any other identifying characteristics.

Record each grave marker and feature in a systematic method. Divide the cemetery into sections and record the information down the rows. After completing a section, spot check it to make sure nothing was missed. Have another person verify the recorded information to make sure there are no errors are in the transcription.

Contact Local Authorities

Should you see a cemetery being disturbed by vandals, looters, or construction equipment, whether or not it is marked by gravemarkers or a fence, call local law enforcement authorities at once. Texas state laws protect cemeteries and provide a legal framework if remains must be removed. All burials must be removed according to legal statutes before a landowner can use the property for any other purpose. The same protection applies to individual burials. Review related laws in the Texas Health and Safety Code and share it with local authorities.

Stay Involved

After contacting local law enforcement authorities, notify the county historical commission (CHC), local heritage society, newspapers, other local publications, and the Texas Historical Commission (THC) about the destruction of a cemetery. Stay involved. Do not condone the willful destruction of cemeteries with silence or by turning a blind eye. The memory of those who have lived before us should not be forsaken for reasons of expediency or economics.

Consider Civil Action

Criminal action, or a court trial, may not always be the most appropriate method of dispute resolution. A civil lawsuit may be the only means of resolving a conflict involving a cemetery. The following are two examples:

• A CHC in Central Texas surveyed the historic cemeteries in the county. Several years later, the fence and gravemarkers along the boundary of one of the surveyed family cemeteries had been removed. No gravemarkers remained to provide evidence of the graveyard; thus, only the survey proved the cemetery’s existence. Since the site was being considered for development, the records of the CHC were crucial to the future disposition of the land. In this case, the descendants of those interred in the cemetery filed suit and were compensated in an out-of-court settlement.
• In North Texas, a cemetery occupied a prime lot in one of the largest residential developments in Texas. Developers petitioned the court to remove the cemetery’s dedication so that the remains and gravemarkers could be moved to a perpetual care cemetery. A local preservation group, along with the descendants of those buried in the cemetery, led a vocal protest that received wide media attention. The court decided the cemetery should remain in its original site. With the cemetery now preserved, the new residents of the development can appreciate the cemetery as a reminder of their local heritage.

Vandalism and Looting

While it is disturbing to lose cemeteries to development pressures, it is perhaps even more disturbing to lose them to criminal acts of vandalism and looting. Vandalism can range from intentionally pushing over gravemarkers to spray painting graffiti on cemetery chapel walls. The demand by collectors for vintage artifacts and architectural and landscaping antiques has contributed to the increasing disappearance of elaborately carved gravemarkers, sculptures, urns, finials, benches, gates, and fencing from cemeteries. This demand also leads to the digging and looting of graves for valuable objects such as jewelry, firearms, buttons, and buckles.

If a cemetery is destroyed, use that fact as a rallying point for the preservation of a community’s remaining cemeteries. Nothing can substitute for the preservation efforts of individuals and groups. Citizens must develop an active role in the preservation of local cemeteries.

Feral hog damage to cemeteries is common across Texas and the South and can devastate a cemetery. Hogs are attracted to cemeteries because grave-pits provide pockets of softer soil and present an opportunity for hogs to rut in search of insects and worms. These ruts make mowing and maintenance difficult, if not impossible, and can result in toppled headstones.

Cemeteries commonly have a pile of soil used to top-off sunken graves. It may be tempting to use this soil to top-off the hog ruts to smooth the ground surface. However, filling the ruts without keeping the hogs out may invite the hogs to make even more ruts as the softer fill dirt will attract more worms and insects to the area. Eventually, filling the hog ruts with soil will be needed for mowing, but we have a few recommendations prior to topping-off the ruts.

Documentation

 If the damage is limited to a portion of the cemetery, it would be best to create a sketch map of the area impacted so that in the future, sunken areas containing hog ruts are not confused with grave depressions. Extensive photographic documentation “as-is” is also recommended.

Repair or replacement of fencing

Depending on the type of existing fence materials, rolls or panels of swine-wire can be added. Existing fence posts need to be strong, and some or all of the posts may need to be replaced with stronger posts. Research by Texas A&M’s AgriLife found that swine-wire needs to be at least 34 inches tall. See this video from AgriLife.

The THC does not have funding for this purpose, but we do provide information on grant resources and opportunities. Also, it may be possible to receive assistance through the county through a provision in the Texas Health and Safety Code. Please note that this assistance may be provided at the discretion of the county commissioners, but they are not required to do so.