Cemeteries fall under various categories depending on who is responsible for them. There are state laws that separately apply to the care and maintenance of township, private property, and other cemeteries (see IC 23-14-69-3, IC 23-14-68-3, and IC 23-14-78-4(d). While cemetery maintenance laws do not necessarily describe the techniques for the preservation of cemeteries and gravestones, there are best practices and standards that can help prevent damage. A helpful resource is the DNR website on Cemetery Preservation.
Cemeteries might be owned by a local governmental agency. If a cemetery belongs to a township, then state law requires that the township trustee maintain the cemetery by destroying detrimental plants, rampant weeds, and rank vegetation; removing all unsightly accumulations and debris; resetting and straightening all monuments; leveling and seeding the ground; and mowing the lawn. (See IC 23-14-19-3)
If a cemetery is located in but doesn’t belong to the township, and if it existed before February 28, 1939, lacks funds for maintenance, is operated by a non-profit or not managed by any viable organization, and if there are no taxes being paid on the property, then state law assigns the following duties to the township trustee: resetting and straightening all monuments; leveling and seeding the ground; constructing fences where there are none and repairing fences; destroying and cleaning up detrimental plants, rampant weeds, and rank vegetation; and mowing the lawn. (See IC 23-14-68-3)
For cemeteries located on private property and which are not owned or controlled by a cemetery corporation, church, association, or organization, the property owner must make a reasonable effort to maintain the cemetery. This includes resetting and straightening monuments; leveling and seeding the ground, destroying and cleaning up detrimental plants; rampant weeds, and rank vegetation; mowing the lawn; and constructing and repairing fences (if the county or township provides the fence construction or repair supplies, labor, and expenses) (See IC 23-14-78-4(d)). Failure of a property owner to perform these maintenance responsibilities can be punishable as a Class C infraction.