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Human Remains

California Register of Historical Resources — listing regulations; State Historic Rehabilitation Tax Credit procedures · 2026 edition · updated 2026-07-29 · California

7050.5. Removal of Human Remains.

(a) Every person who knowingly mutilates or disinters, wantonly disturbs, or willfully removes any human remains in or from any location other than a dedicated cemetery without authority of law is guilty of a misdemeanor, except as provided in Section 5097.99 of the Public Resources Code. The provisions of this subdivision shall not apply to any person carrying out an agreement developed pursuant to subdivision (l) of Section 5097.94 of the Public Resources Code or to any person authorized to implement Section 5097.98 of the Public Resources Code.

(b) In the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the human remains are discovered has determined, in accordance with Chapter 10 (commencing with Section 27460) of Part 3 of Division 2 of Title 3 of the Government Code, that the remains are not subject to the provisions of Section 27491 of the Government Code or any other related provisions of law concerning investigation of the circumstances, manner and cause of any death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative, in the manner provided in Section 5097.98 of the Public Resources Code. The coroner shall make his or her determination within two working days from the time the person responsible for the excavation, or his or her authorized representative, notifies the coroner of the discovery or recognition of the human remains.

(c) If the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes the human remains to be those of a Native American, or has reason to believe that they are those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission.

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▸ Contents — California Register of Historical Resources — listing regulations; State Historic Rehabilitation Tax Credit procedures
California Register of Historical Resources — listing regulations; State Historic Rehabilitation Tax Credit procedures
  1. California State Law & Historic Preservation
  2. TABLE OF CONTENTS
  3. INTRODUCTION
  4. Historical Resources
  5. 5020.7. Legislative Intent.
  6. 5022. Landmark and Point of Interest Plaques.
  7. 5025.12.
  8. 5031. Qualified Historical Property.
  9. 5033. Authority to adopt rules.
  10. Heritage Fund
  11. Creation of funds; administration of funds.
  12. Deposits.
  13. 5079.12.
  14. 5079.13.
  15. 5079.14.
  16. 5079.15.
  17. 5079.21.
  18. 5079.40.
  19. 5079.50.
  20. 5079.51.
  21. 5079.61.
  22. Archeological Sites
  23. 5097.1.
  24. 5097.3.
  25. Native American Heritage
  26. California Environmental Quality Act
  27. Public Records
  28. Capitol View Protection
  29. State Capitol Commission
  30. 9149.6.
  31. 9149.7.
  32. 9149.9.
  33. California Main Street Program
  34. 15399.1. Legislative intent.
  35. 15399.4.
  36. Local Government
  37. City Property
  38. 50280. Restriction of property use.
  39. Fees.
  40. 50282. Renewal.
  41. 50284. Cancellation.
  42. 50285. Consultation with state commission.
  43. 50286. Cancellation.
  44. 50287. Action to enforce contract.
  45. 50288. Eminent domain.
  46. 50289. Annexation by city.
  47. 50290. Consultation with state commission.
  48. 65303. Authority for preservation elements.
  49. Human Remains
  50. Hazardous Buildings
  51. 18950. Short title.
  52. 18951. Purpose.
  53. 18952. Application.
  54. 18953. Intent.
  55. 18954. Repairs, alterations and additions.
  56. 18957. Authorized building and fire officials.
  57. 18961. Review enforcement and administration.
  58. 37600. Short title.
  59. 37601. Legislative finding and declaration.
  60. 37603. Request for information by SHPO.
  61. 37621. Fees.
  62. 37622. Service of loans.
  63. 37623. Powers.
  64. 37624. Revenues.
  65. 37625. Rules and regulations.
  66. 37628. Citizen participation.
  67. 37629. Adoption of criteria of selection.
  68. 37630. Prohibition discrimination.
  69. 37631. Limitation of actions.
  70. 37640. Negotiable bonds.
  71. 37641. Serial or term bonds.
  72. 37642. Terms and conditions.
  73. 37643. Personal liability.
  74. 37644. Purchase by local agency.
  75. 37645. Trust agreements.
  76. 37646. Enforcement rights and duties.
  77. 37647. Payment of bonds.
  78. 37648. Refunding bonds.
  79. 37649. Legal investments.
  80. 37650. Exercise of powers for benefit.
  81. 37660. Financing to participating parties.
  82. 37661. Loan agreements.
  83. 37662. Trust funds.
  84. Easements
  85. 815.1. Conservation easement defined.
  86. 815.2. Interest in real property.
  87. 815.3. Entities authorized to acquire.
  88. 815.4. Grantors.
  89. 815.5. Recordation.
  90. 815.9. Political Subdivision; authority to hold comparable eas…
  91. 815.10. Enforceable restrictions.
  92. Historic Property Restriction
  93. 439.1. Historical Property; definitions.
  94. 439.2. Historical Property; valuation.
  95. 439.3. Historical Property; notice of nonrenewal.
  96. 439.4. Historical Property; recordation.
  97. Destruction of Historical Properties
  98. 4850. Authority.
  99. 4853. Application Format.
  100. 4854. Application Procedures.
  101. 4858. Saving Clause.
  102. Appendix A. A Glossary of Terms as used in the California Regi…
  103. CEQA Guidelines (Title 14, Chapter 3)
  104. 15126.4 Consideration and Discussion of Mitigation Measures Pr…
  105. [NOT INCLUDED]
  106. A Glossary of Terms as used in the California Register of Hist…

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