Ch. 399                                    1996 LAWS OF MARYLAND

A TREE, SHRUB, OR OTHER PLANT THAT IS PLANTED FOR THE PROTECTION OR
ORNAMENTATION, OF A BURIAL SITE IN THE STATE IS GUILTY OF A MISDEMEANOR
AND, ON CONVICTION, IS SUBJECT TO A FINE NOT EXCEEDING THE COST TO
REPLACE OR RESTORE THE PLANT.

(2) IN ADDITION TO BEING SUBJECT TO THE CRIMINAL PENALTIES
UNDER PARAGRAPH (1) OF THIS SUBSECTION, A PERSON WHO VIOLATES A
PROHIBITION AGAINST WILLFULLY REMOVING, DESTROYING, CUTTING, BREAKING,
DEFACING, CHEMICALLY CONTAMINATING, OR OTHERWISE DESTRUCTIVELY
ALTERING A TREE, SHRUB, OR OTHER PLANT THAT IS PLANTED FOR THE
PROTECTION OR ORNAMENTATION OF A BURIAL SITE IN THE STATE MAY BE
ASSESSED A CIVIL PENALTY.

(F) AN ASSOCIATED FUNERARY OBJECT OR PLANT PLACED AS A MEMORIAL
TO AN INDIVIDUAL BURIED IN A BURIAL SITE MAY BE MOVED IF THE PERSON WHO
REQUESTS THE MOVE OBTAINS APPROVAL FROM THE OFFICE OF THE STATE'S
ATTORNEY OF THE COUNTY IN WHICH THE BURIAL SITE IS LOCATED BY PROVIDING
PROOF THAT THE PERSON:

(1) IS RELATED BY BLOOD OR MARRIAGE TO THE DECEASED
INDIVIDUAL;

(2) IS THE APPOINTED PERSONAL REPRESENTATIVE OF THE DECEASED
INDIVIDUAL; OR

(3) IN ANY OTHER WAY, POSSESSES A LEGAL RIGHT TO OR INTEREST IN
THE MEMORIAL.

(G) THIS SECTION DOES NOT PROHIBIT THE MAINTENANCE, REPAIR, OR
REMOVAL OF AN ASSOCIATED FUNERARY OBJECT OR TREE, SHRUB, OR OTHER
PLANT IN A BURIAL SITE IF THE MAINTENANCE, REPAIR, OR REMOVAL HAS BEEN
AUTHORIZED BY THE OWNER OF THE BURIAL SITE.

(II) SUBSECTIONS (D), (E), AND (F) OF THIS SECTION DO NOT APPLY TO:

(1) A CEMETERY CORPORATION FORMED UNDER THE LAWS OF THIS
STATE; OR

(2) AN ESTABLISHED CEMETERY. WHETHER INCORPORATED OR
UNINCORPORATED, THAT IS OWNED AND OPERATED BY A COUNTY, MUNICIPAL
CORPORATION, CHURCH, SYNAGOGUE OR RELIGIOUS ORGANIZATION.

[(c)] (II) (I) Nothing in this section shall be construed to prohibit the removal
of the remains of any human body, or of any monument, gravestone, or other marker from
an abandoned cemetery, provided that the prior consent in writing of the State's Attorney
of the county or of Baltimore City shall have been secured and provided further that such
remains, monuments, gravestone, or other marker is placed in an accessible place in a
permanent cemetery.

(a) Any person who wilfully destroys, mutilates, defaces, injures, or removes any tomb,
monument, gravestone, or other structure placed in any cemetery, or any building, wall, fence,

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