Historic Designation of Maryland Cemeteries Sites

Historic Designation of Maryland Cemeteries Sites

By Eileen McGuckian, May 2020, and Anne Brockett, February 2021

Introduction and Designation in Maryland Counties and Cities

One effective way to protect cemeteries is through historic designation. This is the formal process of registering a property as a historic site in a local, state, and/or national inventory. It is a vital tool in the preservationist’s toolbox, but often cemeteries fall through the cracks because they aren’t the traditional type of listing – such as buildings, battlefields, or historic districts. And they don’t quite fit into either architecture or archaeology, depending on whether anything shows above ground or not.

Often Maryland cemeteries have been designated because of their association with a larger property, such as a burial ground next to a historic church (e.g., St. Anne’s in Annapolis or Mt. Zoar AME in Cecil County) or in a family plot on a historic estate (Dorsey cemetery at Belmont in Howard County or Bowie family at Fairview in Prince George’s), or telling the stories of a community (Prospect Hill in Towson in Baltimore County, Parson’s in Salisbury, or Rose Hill in Hagerstown). However, Marylanders now realize that cemeteries are important historic resources that require protection – and excellent candidates for designation in their own right.

Why designate a cemetery as a Historic Site?

The purpose of historic designation is to protect and preserve a specific building, site, streetscape, or landscape. It is of public value to maintain its exterior appearance so history can be enjoyed by future generations. Besides connecting us to our past, designated sites may be eligible for certain financial benefits and can receive protection from the threats of development or abandonment. Designation provides status, special attention in planning future projects, and enforcement of Historic Preservation laws.

For cemeteries, designation favors preservation and survival. A cemetery documented and designated historic is generally in better condition than one that is not.

The most common objection to designation has been from property owners, who must request approval of major exterior changes from their local historic review commission. Major changes to cemeteries might include removal or planting of llarge trees, infrastructure improvements such as new roads, drainage, electric or water supply, signage, or the design of additional acreage.

How it works

Historic designation at the local level – through the county or city – affords the most protection. First, the case must be made that the cemetery has historic, architectural, or cultural significance. Does the cemetery help tell the story of a community? Are important people buried here? Is the cemetery design a product of a certain time, or an evolution over many years? The nomination to designate a
cemetery would also include a full description of its essential features and elements like topography, layout, landscape and hardscape, systems of roads and pathways, entry features, and an overview of gravestones, structures and sculptures.

The nomination must be reviewed by the local Historic Review Board at a public hearing, and ultimately the decision is made by elected officials of the jurisdiction. Following designation of a cemetery, any planned alterations that may affect its significant features must be reviewed by the Historic Commission to make sure they are appropriate to the historic character of the cemetery.

Historic Commissions in Maryland

Local laws are by far the most effective means for preserving historic cemeteries. Some counties and towns have included burial sites in Historic Districts, but thus far few jurisdictions designate them as individual landmarks or have passed legislation to protect them. Most municipalities and counties receive authority for historic designation via the Land Use Article of the Annotated Code of Maryland, and some have tailored specifics to fit their situations. Charter counties use different preservation formats from other jurisdictions.

Currently there are 47 local Historic Commissions in Maryland that oversee thousands of historic sites and districts. Designated properties range from large districts in Baltimore, Havre de Grace, and Chestertown to individual sites in Frederick and Washington counties, plantations on the Eastern Shore and burial sites in Montgomery County. To learn more, check the Maryland Association of Historic
District Commissions at www.mahdc.org.

To review local cemetery programs in Maryland, visit:

Examples of Maryland cemeteries that would benefit from historic designation:

  • North Point Battlefield Cemetery (Baltimore County) – acknowledgment of existence of a known War of 1812 burial site when no grave markers are visible
  • Rosa Bonheur Memorial Park (Howard County) – as change comes to this valuable property, how can the pet cemetery survive development all around it?
  • Moses Morningstar Cemetery No. 88 (Montgomery County) – well-documented but overgrown site where few markers are visible and title is cloudy

Local designation as a historic site is a powerful means of protecting cemeteries in Maryland.  Historic designation by a city or county government provides protection from inappropriate changes to keep the historic character of cemeteries intact.

While local designation often affords the strongest level of physical protection, cemeteries can also receive protection and recognition by inclusion in the one or more of the following:

  • Maryland Inventory of Historic Properties
  • National Register of Historic Places
  • National Historic Landmark listing

Maryland Inventory of Historic Properties

Many states have their own designation programs for historic properties, including cemeteries.  These listings are handled by the State Historic Preservation Office, which is called the Maryland Historical Trust here.  Maryland, however, does not have a state level of designation.  Instead, the Maryland Historical Trust maintains the Maryland Inventory of Historic Properties (MIHP) which, according to its website, is a “repository of information on districts, sites, buildings, structures, and objects of known or potential value to the prehistory and history of the State of Maryland.”

The MIHP contains information on nearly 60,000 historic, architectural, archaeological, and cultural sites across the state, including at least 500 cemeteries. T he MIHP is used primarily for research and identification purposes.  It does not mean formal designation as a historic site and carries no protections or regulatory oversight.  However, if a cemetery is considered for local or National Register listing, the MIHP form provides basic historical information.  Inclusion in the MIHP means that the state has already recognized a burial ground for its historic, architectural, or cultural significance.  In addition, anyone can request that a property be included in the MIHP, which is especially helpful for documenting the existence of small, hard-to-find, or threatened cemeteries.  Inclusion in the MIHP “is a crucial step in their protection and management.”

The MIHP currently contains over 500 burial places including churchyards, military, family, pet, institutional, and commercial cemeteries and is searchable online at https:// mht.maryland.gov/research_mihp.shtml.  More information is available at https://mht.maryland.gov/Pages/research/cemeteries.aspx.

National Register of Historic Places

The National Register is our country’s list of properties considered worthy of preservation.  The National Park Service maintains the National Register and defines its purpose as providing “formal recognition of a property’s historical, architectural, or archeological significance based on national standards used by every state.”  Properties listed in the National Register can be of national, state, or local significance.

For cemeteries, listing provides a number of benefits, including:

  • Recognition of significance to a community
  • Encourages preservation and investment
  • Eligibility for financial assistance from a variety of federal, state, and local sources, including Maryland Historical Trust Capital Grants
  • Places no restrictions or design review requirements
  • Does not necessitate public access
  • Adds protections in federal and state-funded projects that impact the cemetery (i.e. road widening, stormwater projects, or work involving a federal license or permit)

Individually listed cemeteries in Maryland include Greenmount, Mount Auburn, and St. Paul’s Cemeteries in Baltimore; Christ Episcopal Church and Cemetery in Dorchester County; and several National (veterans) Cemeteries.  Emmitsburg and West Montgomery Avenue (Rockville) Historic Districts are examples of National Register-listed historic districts that contain burial grounds.

National Register listings are searchable online at https://www.nps.gov/subjects/nationalregister/database-research.htm.  More information is available at https://www.nps.gov/subjects/nationalregister/index.htm and https://www.nps.gov/subjects/nationalregister/upload/NRB41-Complete.pdf

National Historic Landmarks

Designation as a National Historic Landmark (NHL) is recognition of historic significance at the highest level possible and is largely honorific.  To achieve NHL status, a cemetery must already be listed in the National Register and must be of national, not just state or local, significance.  Only a handful of cemeteries or gravesites have been designated as NHLs.  In Maryland, there are no individually designated NHL burial places, but several are within NHL historic districts (i.e. Annapolis) or associated with an NHL property (i.e. Darnall’s Chance).  For more information, see https://www.nps.gov/subjects/nationalhistoriclandmarks/nhl-bulletin.htm

The three levels of historic recognition and designation – local, state and national – each carry specific rights and protections and each may have benefits for preserving a cemetery in your community.  If you know of a burial site that would benefit from historic designation, please contact your local historic preservation office, the Maryland Historical Trust, or the Coalition for more information.

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