Montgomery County Tries to Block Development of Hidden Gravesites

   Suburban Maryland real estate developers in the Washington, D.C. area would need to more thoroughly research old burial sites before building under a bill pending before the Montgomery County Council.

   The bill is intended to protect the legacy of deceased persons whose gravesites might not have been clearly marked or recorded.

Montgomery County maintains a list of more than 250 burial sites whose exact locations are only sometimes recorded. Other times, fragmentary records come from churches, families and communities of African Americans with information dating back before the Civil War.    

   The pending legislation would require developers to “use best historical and archaeological practices” to determine the exact burial sites.

   The county would approve construction only if developers demonstrate how they could protect and maintain the sites.

   Three Council members proposed the bill in response to complaints that arose from redevelopment of the Westbard community along River Road in Bethesda.

   Members of the Macedonia Baptist Church in Bethesda discovered that an old African-American graveyard from the early 20th century had been paved over for a parking lot. Church members protested efforts by the property owner, Regency Centers, to redevelop the site.

   Instead, church members wanted a museum at the site to commemorate the African-American community that lived there. Mediation between the protesters and property owner continues.   

   “If we had this law in place a long time ago, the situation with the Macedonia Baptist Church would never have happened,” said Council member Craig Rice.

   Prince George’s and Howard counties already have similar laws.

   “Everyone regrets the situation that occurred with the Macedonia burial site,” said Montgomery County Council President Roger Berliner.

   For more information, contact The Legal Forum (www.legal-forum.net) at email: [email protected] or phone: 202-479-7240.