Business Requirements
Illinois Historic Preservation Agency
Human Skeletal Remains Protection Act
FIRST-STOP BUSINESS INFORMATION CENTER
I. Business Requirement Profile: Human Skeletal Remains Protection Act
II. Agency:
Illinois Historic Preservation Agency
Division of Preservation Services
Old State Capitol
Springfield, IL 62701
(217) 785-5027
III. Statute: 20 Illinois Compiled Statutes 3440 (Human Skeletal Remains Protection Act)
Regulation: 17 Illinois Administrative Code, Chapter 1, Part 4210
IV. Requirement Description: A permit is required before anyone may disturb human remains, markers and contents where burials are more than 100 years old, and are not in a registered cemetery. This applies to both public and private lands.
Violations may result in criminal sanctions. If human remains are discovered during a construction project all activity that would disturb them must cease immediately and application must be made to the IHPA immediately to avoid criminal penalties.
Review of applications is immediate.
V. Approval Process:
Often the IHPA recommends that the business hire an archeologist to perform a survey of the land where a construction project is proposed. Applicants must submit a letter to the IHPA, describing the location and the nature of a proposed disturbance. The application must demonstrate a substantial need to disturb a burial site. The letter of application must demonstrate the availability of sufficient and qualified personnel, provide for analysis of work and for conservation of any remains and artifacts, where applicable. There is no time limit on the approval process.
VI. Pre-requisites, Co-requisites & Post-requisites:
The owner of the property must file a letter of consent for the project to take place.
VII. Fees: None