Every Burial deserves respect

Every burial and grave-site deserves respect, not just the ones that are in the pretty NAOMI'S GRAVE. manicured cemeteries. At least that is what it says in the regulations. We’ll get to those later. One of the things that I’m sure keeps cemetery custodians on edge is vandalism. Doesn’t it keep us all on edge? But vandalism of a grave-site or to the improvements in a cemetery seem almost to be sacrilegious, requiring many cemeteries to open their gates by appointment only. I’m sure we all agree that it’s better to lock gates than to have our cemeteries irreverenced and vandalized. Some cemeteries don’t have the convenience of protective fences and gates that lock. Some cemeteries stand openly along the valleys and hillsides with no protection at all. Except the protection of good folks who honor the fact that at one time this was the final resting place of someone’s loved one. Or maybe a scamp shot out of his saddle. There are many graves that aren’t in a designated cemetery, and these should be respected just the same. For two reasons, one, it’s the right thing to do, two, it’s the law. There are a lot of reasons that we find graves outside of designated cemeteries. I stumble across some as I’m hiking through the woods. We should be excited when we find one, because each has a story to tell or has a story that is lost in time. And, just as many of us like to search the trees along the trails and streams and define the characteristics of the bird, we could make it an adventure to determine the facts and circumstances about the burial and the person resting there. Not all graves have any information to research the details by. Some I find are only an elongated mound of stones with absolutely no identification. You can speculate about this kind of burial as being one of least importance. Sometimes circumstances and time don’t allow a better burial. For-instance, in the past we have discussed the unmarked burials along the Butterfield Trail. These are one of the kind I’m telling you about. Along the trails being spanned by the travelers in wagons and wagon trains, there was not always time or convenience for a proper burial. For one, in the case of the many Apache attacks on the wagon trains. There would be no time for ceremony, that would have to come later. Or in other cases, a person along the trail would die of disease or other misfortune. No time to mourn, this person must be buried fast to prevent spreading disease. Many are buried in the valleys and hillsides because that’s where they loved to be in life, amongst the flowers of the valley or the panoramas from the precipice. And then, there was the curious and interesting burial of our friend Naomi, pictured above. At first blush, you would think that Naomi must have been homeless and friendless having only a stone for a marker and set out on the point of a hill away from civilization, but you would be wrong. After asking questions of people who could know I eventually put the story of Naomi together. And what a history she had. A story I would have never enjoyed if I hadn’t pursued it. Yes, I know that it is mean to tell this much and not go forward with the story, but this is not the place. Rest assured, Naomi’s story is so fascinating that soon I will. But today I want to share with all my readers, that there are laws that pertain to burials, and just because they are not marked or identified doesn’t mean they can be molested.

Where can bodies be buried in New Mexico?

Most bodies are buried in established cemeteries, but burial on private property may be possible in rural areas of the state. You must have a burial-transit permit if you bury the body out of state or someone other than a funeral home disposes of the body. (New Mexico Statutes § 24-14-23.) Before conducting a home burial or establishing a family cemetery, check with the county clerk for local zoning regulations or other rules you must follow. If you bury a body on private land, you should draw a map of the property showing the burial ground and file it with the property deed, so the location will be clear to others in the future.

Section 7.7 Protection of Cultural Properties, Archaeological Sites and Unmarked Burials

7.7.1 Unmarked Human Burials

a. According to state policy, any human burial in the state in any unmarked burial ground is accorded the protection of law and shall receive appropriate and respectful treatment and disposition.

b. All subdividers shall comply with the requirements of 18-6-11.2 NMSA 1978, which prohibits the knowing willful and intentional excavation, removal disturbance, or destruction of any human burial, buried, entombed or sepulchered in any unmarked burial ground, except by authority of a permit issued by the state medical investigator or by the state cultural properties review committee with the concurrence of the state archaeologist and the state historic preservation officer.

7.7.2 Registered Cultural Properties

Any person desiring to subdivide land in the county shal demonstrate that they have reviewed the latest edition of the New Mexico Register of Cultural Properties ("the Register") that has been provided to the County by the State Historic Preservation Office, and

a. if there are no such properties entered in the Register that are within the boundaries of the proposed subdivision, the subdivider shall provide a signed affidavit to that effect in the application package for subdivision approval; or,

b. if any such properties entered in the Register exist within the boundaries of the proposed subdivision the subdivision shall comply with the requirements of the Cultural Properties Act 18-6-1 through 18-6-17 NMSA and all applicable laws regarding cultural properties and archaeological sites. All subdividers shall consult the Cultural Properties Act for information about archaeological surveys and State Cultural Protection requirements.

And that's my opinion