HS 2.03(6) (6) Removal from the catalog.

HS 2.03(6)(a) (a) If evidence is ever presented to the director to indicate that a cataloged burial site does not contain human remains or all human remains are removed in accordance with s. HS 2.04, the director shall notify by certified letter, the owner, the applicant who initiated the catalog request, all persons on the registry for that burial site or class of burial sites, county or local historical societies, and the local unit of government having jurisdiction over the burial site and give these persons 60 days within receipt of notification to respond to the director on this new evidence.

HS 2.03(6)(b) (b) After 60 days, if the director decides that there is sufficient evidence to indicate that a cataloged site does not contain any burials, the director shall do all of the following:

HS 2.03(6)(b)1. 1. Remove the site from the catalog.

HS 2.03(6)(b)2. 2. Submit a request to the register of deeds to delete or cancel the documentation for a burial site on this land.

HS 2.03(6)(b)3. 3. Notify the owner, applicant who initiated the catalog request, all persons on the registry for that burial site or class of burial sites, county or local historical societies, and the local unit of government of the decision to remove the burial site from the catalog.

HS 2.03(6)(c) (c) A person shall have 30 days from the date of the director’s decision to appeal the director’s decision to the board. During the appeals process, the director’s decision to remove a burial site from the catalog shall be suspended.

HS 2.03 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90.

HS 2.04 HS 2.04 Disturbing burial sites.

HS 2.04(1) (1) Exceptions. Permission from the director to disturb burial sites is not required in cases where disinterment:

HS 2.04(1)(a) (a) Has been authorized under s. 69.18 (4), Stats.

HS 2.04(1)(b) (b) Is undertaken by a coroner or medical examiner in conjunction with a criminal investigation.

HS 2.04(1)(c) (c) Has been authorized by any court order or judgment rendered under s. 69.18 (4), Stats.

HS 2.04(2) (2) Testing. If there is reason to believe that a burial site may be present, the director may authorize, orally or in writing, limited appropriate subsurface exploration to determine whether a property contains a burial site.

HS 2.04(3) (3) Director’s interest. As head of the agency representing the state’s interest in preservation of the state’s cultural heritage, the director shall claim an interest in all burial sites under s. 157.70 (1) (g) 6., Stats.

HS 2.04(4) (4) Uncataloged burial sites.

HS 2.04(4)(a) (a) If a reported activity disturbs or threatens to disturb an uncataloged burial site, the director shall notify the owner of the burial site by phone if possible and by certified letter, return receipt requested, of the disturbance of this burial site and the procedures, liabilities and penalties for enforcing violation of s. 157.70, Stats. The director may notify the board, persons on the registry, and any other person who may have an interest in the burial site. The director may request a meeting of the board.

HS 2.04(4)(b) (b) If the human remains and objects related to the burial are left undisturbed, the director shall record the burial site’s location and shall enter it into the catalog of burial sites as per s. HS 2.03.

HS 2.04(4)(c) (c) If the owner or owner’s agent wishes to remove the human remains and objects related to the burial, the owner shall arrange a schedule of excavation with the director. If the excavation work can not be done in a reasonable time by the director, the director shall send a standard contract to the owner for the owner to use in hiring a qualified archeologist approved by the director under s. 157.70 (4) (c) 3. a., Stats.

HS 2.04(4)(d) (d) The owner shall send a copy of the signed contract between the owner and a qualified archeologist to the director. Upon receipt of this contract, the director shall give both oral authorization and written permission to the owner allowing the disturbance of the burial site. Once this excavation is finished to the director’s satisfaction, the director shall notify the owner that the owner may proceed with the proposed activity.

HS 2.04(4)(e) (e) The archeologist hired under par. (b) shall submit at least 2 copies of a report to the director on the excavation and analysis of the human remains and associated objects. This report shall be reviewed and approved by the director.

HS 2.04(5) (5) Cataloged burial sites.

HS 2.04(5)(a) (a) Any person who wishes to disturb a cataloged burial site shall apply to the director.

HS 2.04(5)(b) (b) If the applicant wishes to disturb the area within the specific legal boundaries or known area of a cataloged burial site, the director shall send the applicant the names of all persons on the registry for that site or class of sites and the forms to notify these persons of the applicant’s request. This form shall state the purpose of the disturbance, information on the right of interested persons to request a hearing by the division of hearing and appeals, the purpose of such a hearing, and the consequences if no hearing is requested.

HS 2.04(5)(c) (c) The applicant shall send the forms of notification, using the forms specified in this subsection to persons on the registry by certified mail, return receipt requested. Persons on the registry shall be given 30 days from date of receipt by which to comment on the proposal. If the certified letter is undeliverable, the director shall attempt to contact that person by telephone. If the addressee refuses to sign the return receipt, or fails to contact the director by mail or telephone within 30 days of returned certified letter, that person forfeits the opportunity to comment on the proposed disturbance.

HS 2.04(5)(d) (d) The application to disturb a cataloged burial site shall include all of the following:

HS 2.04(5)(d)1. 1. The applicant’s name and address.

HS 2.04(5)(d)2. 2. The nature and purpose of the disturbance.

HS 2.04(5)(d)3. 3. The names of the persons on the registry who have been notified and proof of this notification in the form of the receipt from the certified letter or in the form of other documentation accepted by the director.