Haw. Code R. § 11-118-2 - Permit required for disinterment

(a) Subject to section 11-118-3, a disinterment permit is required for the disinterment or disturbance of remains from a place of burial for all purposes, including:

(1) Removing or disturbing and reinterring the same remains in the same location;

(2) Interring additional remains, including cremated remains, in a place of burial;

(3) Removing to cremate or otherwise dispose of the remains pursuant to a disposition permit;

(4) Removing the remains to inter the remains in another location pursuant to a disposition permit;

(5) Removing unknown or unidentified remains for the purpose of identifying the remains (e.g., unknown or unidentified armed forces members);

(6) Temporarily removing remains to repair or renovate cemetery property or other place of burial;

(7) Removing or relocating remains after damage or threatened damage to a place of burial due to hurricanes, floods, natural disasters, or other unexpected occurrence; provided that the landowner, including the owner of a cemetery or the owner's representative, notifies the department of the damage or threatened damage as soon as possible after the occurrence and applies for a disinterment permit; and

(8) Any other reason, subject to the approval of the department.

(b) A disinterment permit is not required for disinterment or disturbance of remains at burial sites where prehistoric or historic remains are interred, but any exposure, disturbance, or removal of any remains or burial goods from those sites is subject to the approval of the department of land and natural resources.

Notes

Haw. Code R. § 11-118-2

[Eff 10/19/2018] (Auth: HRS §§ 6E-43, 6E-43.6, 321-9, 321-11, 338-23, 338-25, 338-25.5) (Imp: HRS § 338-25.5)