As the owner of property that includes a cemetery, you are obligated to leave the burials alone and not damage or desecrate gravestones, cemetery fencing, monuments, etc.  Virginia law protects all cemeteries from willful and malicious damage, whether by the property owner or by others.  You may maintain the cemetery if you wish or allow descendants or other parties to do so.  You are required to allow access to the cemetery for visitation by family members or descendants and others who wish to conduct genealogical research.  

Owning a property listed in the National Register of Historic Places or the Virginia Landmarks Register can provide economic benefits.  Rehabilitation projects may qualify for tax credits through the Federal Rehabilitation Tax Incentive Program and the Virginia Historic Rehabilitation Tax Credit Program.  Eligible expenses include any work that is properly chargeable to a building’s capital account in connection with a “certified rehabilitation.”  Essentially, this means that all work done to structural components and certain soft costs, like architectural and engineering fees, construction period interest and taxes, construction management costs, and reasonable developer fees, are eligible.  Expenses related to new heating, plumbing, and electrical systems, updating kitchens and bathrooms, compliance with ADA regulations, and fire suppression systems are also eligible.  Acquisition costs and any expense attributable to additions or enlargements of the historic building are not eligible.  Rehabilitation work must meet the Secretary of the Interior’s Standards for Rehabilitation. For more information about historic tax credit program qualifications, see the following brochure: Historic Rehabilitation Tax Credits

Several Fauquier County historic properties are listed in the National Register of Historic Places either as an individual property or as a component of a village historic district or rural historic district.  Designation with National Register status does not impose restrictions on the use, treatment, transfer, or disposition of private property.  National Register listing does not lead to public acquisition or require public access.  National Register listing places no obligations on private property owners.  Instead, listing is an honor bestowed on historic properties by the State Historic Preservation Office and the National Park Service.  Designation recognizes and documents the historic value of a property for posterity.  It can encourage present and future owners to exercise good stewardship.  Owners of National Register listed properties may qualify for the use of state and/or federal historic rehabilitation tax credits or the donation of historic preservation easements. 

A historic overlay district is a form of zoning that is used frequently throughout the United States as a tool for preservation, and with any type of zoning, comes some land use restrictions.  A historic overlay district is officially adopted by the local board of decision makers—in the case of Fauquier County, the Board of Supervisors.  To date, the Board has not adopted a local historic overlay district anywhere in the County.  However, the Town of Warrenton and the Town of The Plains, which are separate jurisdictions, have historic overlay districts.      

To determine if your property is listed in the National Register of Historic Places, contact the Planning Division of the Community Development Department at (540) 422-8210.  For more information about the criteria and process for National Register designation, see the following brochure:  National Register of Historic Places.

First, it is important to record the location of a historic cemetery, along with any other pertinent descriptive information.  Although cemeteries are one of Fauquier County’s most significant heritage resources, they are also one of the most endangered due in large part to lack of identification, inventory, and mapping.  To help identify and protect these important cultural resources, citizens are invited to complete the Fauquier County Cemetery Field Documentation Form. www.fauquiercounty.gov/government/departments-a-g/gis-mapping/forms-and-information

If you have additional questions regarding cemetery laws, protection, or maintenance, contact the Planning Division of the Community Development Department at (540) 422-8210 or see the following brochures:

Virginia State Cemetery Laws

Maintaining Cemeteries

Unless a deed of sale for the property specifies retention of family ownership or otherwise indicates the cemetery is not a part of the land parcel, then most rights go to the new property owner.  Virginia law requires landowners to allow access to cemeteries on private property for the purpose of visitation by family members/descendants and for genealogical research.  You must give reasonable notice and abide by any restrictions the landowner may place upon frequency, hours, and duration of access.

If your property lies adjacent to the property containing your family cemetery and you feel that the cemetery has fallen into neglect, you may petition the Fauquier County Circuit Court for relief, including permission to access the property and maintain the cemetery.  Heirs and descendants may petition the Court for permission to relocate your ancestor’s remains from an abandoned family cemetery.

First, do not touch or remove anything.  Displacing human remains is a Class 4 felony under Virginia law.  Conviction is punishable by two to ten years in prison and up to $100,000 in fines.  This law applies to all human burials, whether prehistoric, historic, or modern.  If you find human remains (or even bones that appear to be human), you should leave them in place and contact the local or state police immediately.

Willful or malicious damage to gravestones, cemetery fences, monuments, or other burial ornaments is against the law.  It is punishable by one to five years in prison and up to $25,000 in fines.  If you see this happening, take photographs if you can, and contact your local law enforcement agency or Commonwealth Attorney to report the vandalism.

A conservation easement is a voluntary legal agreement that allows a landowner to maintain the scenic, natural, and/or historic value of his or her property, while conveying some property interest to a qualified organization, land trust, or government agency.  A property owner continues to retain full ownership, use, and control of the land but transfers specific rights to an easement holding organization, such as the right of wide-scale development, subdivision of land, or timbering.  While some easements are established for a period of years, in most instances, conservation easements are created in perpetuity. 

The primary benefit of donating a conservation easement is gaining the peace of mind of knowing that your land will always be protected from development and incompatible uses.  Many people use easements to establish a conservation legacy for their children and grandchildren.  In addition, owners who donate conservation easements may be eligible for a charitable contribution deduction from their income taxes, provided that the easement: a) is given in perpetuity; b) is given to a qualified governmental or non-profit organization; c) has a qualified appraisal; and d) is donated exclusively for “conservation purposes” (in other words, the property must have some significant natural, scenic, historic, scientific, recreational, or open space value).  For more information about conservation easements and easement programs offered to Virginia residents, see the following conservation easements page.