§ 46-25. Consent Required.  
A.
Before any person, firm, or corporation, which owns land on which an abandoned 
cemetery or burying ground is located may effect the disinterment, removal, and 
reinterment of any grave(s) or grave markers within the abandoned cemetery or burying 
ground, such person, firm or corporation must obtain the prior consent of the Henderson 
County Board of Commissioners. The Board of Commissioners may consent to such a 
request for the disinterment, removal and reinterment of a grave or grave marker if the 
following is demonstrated by the applicant:  
(1)
The cemetery or burying ground is an abandoned cemetery or burying ground as
defined by §46-24.  
(2)
The applicant demonstrates a readiness to comply with the requirements of 
B.
Any person, firm, or corporation requesting consent of the Board of Commissioners 
pursuant to this §46-25 and/or N.C.G.S. 65-106 must make application to the 
Board of Commissioners. Such application shall be made on a form approved by the 
Board of Commissioners, but shall, at a minimum, include the following information:  
(1)
Name of applicant.  
(2)
Location of abandoned cemetery or burying ground, including address, parcel 
identification number as shown on the Henderson County Geographical 
Information System (GIS), and a GIS map showing approximate location of the 
abandoned public cemetery or burying ground on the parcel.  
(3)
Evidence that applicant is the owner of the property upon which the abandoned 
cemetery or burying ground is located.  
(4)
Sufficient evidence to support a finding by the Henderson County Board of 
Commissioners that the cemetery or burying ground in which the grave(s) or 
grave marker(s) are located is an abandoned cemetery or burying ground as 
defined by this Part 2.    
C.
Upon receipt of the consent of the Board of Commissioners, if given, the applicant shall 
proceed in accordance with N.C.G.S.  65-106.