(a) Cemetery rules and regulations are adopted for the mutual protection of the cemetery owners and the owners of interment rights in the cemetery. Contribute, create and discover gravesites from all over the world. The federal Clean Water Act requires that cremated remains be scattered at least three nautical miles from land. Each state has laws affecting what happens to a body after death. Clark, 264 Ala. 402, 405-406 (Ala. 1956), the court held that for a place to be called a public cemetery, “the intention of the owner of the land to dedicate it for a public cemetery, together with the acceptance and use of the same by the public, or the consent and acquiescence of the owner in the long-continued use of his lands for such purpose, are sufficient.” Copyright © 2021 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. Do Not Sell My Personal Information, Every Californian's Guide to Estate Planning. Visitors may bring cut or silk flowers or arrangements. You can find guidelines for scattering ashes on the websites for some national parks. The purpose of the association is to promote ethical practices and to provide information to its members about matters concerning the death care industry. The attorney listings on this site are paid attorney advertising. Welcome to GAO's Survey of State Regulators - Regulation of Cemeteries. Cemetery Rules and Regulations, as they are known, stipulate such attributes as material, size, and type of headstone. To find cemetery records for Alabama in the FamilySearch Catalog follow these steps:. In Alabama, is a casket necessary for burial or cremation? As with local or state land, however, you will probably encounter no resistance if you conduct the scattering ceremony quietly and keep the ashes well away from trails, roads, facilities, or waterways. %����
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If you need to order copies of a death certificate after the time of death has passed, go to the health department in the county where the death occurred, or visit the Alabama Department of Public Health online. Section 214.276. x��ks��g���]Ǿ�{���(�ۦ'i��ө��)ɱD��(����.^{x�e�i=#�8,��]�Ჯ~�~���ޜ�*�����7�γ?6)'�o`U6�Z��
Uv�x���ɖϟ}s���W`��qq���&�8mڲi�nҗ]vq'���m�]oD�5����ϟ�3?���o��l������,+^v���r��䯋.���O�(�\����^���/���7lv!.~+�~�[���]�]!�������s����Wv����^�������'^7M�12q���f6��~s�e��H�W��1�y]�M��r��|_������~�.X�X��Û�pu#�d���N���lF��UQ�|UTu~_�����x���%^�!�ˮ�[�f��G ��|�V�埊Zߛ�n�8�9�vzX�ŇӈB7�y����������1I�3~ :!��h+g.��o��5"�}H��#b���s������v�l���?_G��*چ��t������К.�$M���T��g��9|���W�!�x��^��#���7��H��R����m2��K��>���kG�B)O��d,���x5�?s�� Section 214.275. In Alabama, there are no state laws governing where you may keep or scatter ashes. You may be able to create a family cemetery and hold a home burial if you live in a rural area. 2006 Alabama Code - Section 27-17A-56 — Rules and regulations. The purpose of the association is to promote ethical practices and to provide information to its members about matters concerning the death care industry. Embalming is legally required in only very limited circumstances. Visitors are prohibited from bringing animals (except service dogs), food or beverages, and firearms. At the request of Congress, the U.S. Government Accountability Office (GAO) is reviewing federal and state regulation of the death care industry. Alabama Preneed Funeral and Cemetery Act; Regulations. The body may not be buried or cremated until the death certificate is filed. Alabama Funeral Services Statutes and Regulations Code of Alabama 1975, Title 34 Chapter 13 Section 34-13-134 Grounds for suspension and revocation of certificates; reregistration when certificate has lapsed or is revoked. Other than rules or regulations that generally apply to all businesses, does your state have rules or regulations in place that specifically address cemeteries? Scattering ashes on public land. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. 1 0 obj
3. For more information, including the contact information for the EPA representative in Alabama, see Burial of Human Remains at Sea on the EPA website. Alabama’s Historic Cemeteries: A Basic Guide to Preservation State of Alabama Historical Commission 468 South Perry Street Montgomery, AL 36130-0900 Hannah J. Garmon, Historic Preservation Specialist Hannah.Garmon@ahc.alabama.gov 334.230.2644 ahc.alabama.gov . Section 11-47-41 Contracts for municipal care and maintenance of burial grounds, cemeteries and graves — Authorized. … The cemetery authority has the right to enforce these rules and regulations. The U.S. government does not consider cremains to be hazardous material; all should be well so long as you remove the ashes from their container before scattering. Joshua Slocum, executive director of Funeral Consumers Alliance, was not surprised to hear that Alabama has no regulations for cemeteries and burial sites. 1. Included in this document are relevant excerpts from the Virginia Administrative Code. The Cemetery reserves the right to disturb or remove the sod on any lot or change the grade of any lot and restore such lot to its former condition without notice. A casket is often the single greatest expense incurred after a death. Though it is still a common procedure, embalming is rarely necessary; refrigeration serves the same purpose. How do I get a death certificate in Alabama? Place a fence around the cemetery to designate its exact location. Visitors shall not remove flower arrangements from any gravesite not belonging to an immediate family member. 2 0 obj
At a minimum, the logs should be updated quarterly, so that at no time is it ever more than a quarter behind. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>>
There shall be no proration of licenses. Before you order a cemetery headstone for your loved one, it is very important to become familiar with the requirements set forth by the cemetery. Green burial is legal, but there are rules and regulations for dealing with human remains that do have to be followed. For inland water burial, you may be legally required to obtain a permit from the state agency that manages the waterway. To find out more about funerals and other final arrangements, see the Getting Your Affairs in Order section of Nolo.com. In Alabama, a death must be registered with the local office of vital statistics within five days. The following is a list of regulations relevant to Preneed promulgated by the Alabama Commissioner of Insurance. However, you should check with the cemetery; it may have rules requiring a certain type of container. 2. Section 214.270. In the administration of care funds, privately operated cemeteries are subject to examination, supervision and regulation by the Auditor who may, upon certain conditions, revoke the license to handle care funds either temporarily or permanently. Who Can Prepare a Body for Green Burial . �n2��n .|Ȩ�o���b�+��u[�-9j&��\>�+r���'gJ�c. Based on that and other public input, a new draft update to the City Code was prepared by … Burial. Is Home Burial Legal in Alabama? endobj
A privately operated and licensed cemetery must file an annual report with respect to its care funds. Cremation. Oakwood Memorial Gardens Cemetery will perform at a minimum, the following maintenance of its cemetery property in accordance with the OU/OMGc’s Rules and Regulations and the State of Alabama Code of Regulations for cemeteries. 2. o Section 34-13-150 Issuance. Lot owners shall be allowed to take cuttings from their own plants but not from plants anywhere else in the cemetery … THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER. Purpose of commission, Ala. Code § 41-9-242. %PDF-1.7
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However, many people simply proceed as they wish, letting their best judgment be their guide. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Please note that willfully violating this law has the same weight as maliciously doing harm to the cemetery. `}~��r�H�-8*�J6[��C>7�NE��������'h&D�bx$@(p�H��t���I=�u��e��f�f� /şJ{���ث|J��?K7^��˔pZa�#p��p����/1!�RM��*^�b`/���qR�
C�E�p��D(�( �Bb�U��X3�x��DGH�) (Alabama Code § 22-19-3). Municipality boundaries vary according to the population. They can and will refuse any headstone that does not meet their requirements. Richmond, VA 23233 (804) 367-8500 . (Alabama Code § 22-19-2.). Endowment care cemeteries are required to maintain a log of all cemetery property sales. Who can order a death certificate in Alabama? Cemeteries in Alabama, a Find A Grave. Additional Resources at the Family History Library [edit | edit source]. Here are some answers to common questions about post-death matters in Alabama. You must obtain a burial permit from the local registrar of the district where the death occurred before burying someone. 3 0 obj
34-13-3 Applicability of chapter. VERNON, TEXAS 7545 TELEPHONE (903)537-2264 FAX (903)537-4315 bfhicks@mt-vernon.com . Make information on the cemetery laws available and offer support to law enforcement when needed. CEMETERY ASSOCIATION PREPARED IN THE LAW OFFICE OF: B. F. HICKS ATTORNEY AT LAW P.O. In Alabama, do I have to buy a casket from the funeral home? Before establishing a family cemetery at home, you should check local zoning rules. The easiest way to get copies of a death certificate is to ask the person or organization that files the certificate to order them for you at the time of the death. <>
The cemetery authority will maintain a written copy of the cemetery rules and regulations at each location and will make it available to the public upon request. Alabama Cemetery Access Laws. stream
You may be able to create a family cemetery and hold a home burial if you live in a rural area. Provide official historic designation for cemeteries through the Alabama Historic Cemetery Register. All owners of interment rights and other persons within the cemetery shall be subject to these rules and regulations as they now exist and as they may be amended or altered by the cemetery. Proceedings to establish cemetery in first class counties--petition by taxpayers. Thus, a cemetery, though privately owned or maintained, may be deemed a public cemetery if it is open, under reasonable regulations, to the use of the public for the burial of the dead. 4. Typically, the funeral home, mortuary, cremation organization, or other person in charge of the deceased person’s remains will prepare and file the death certificate. After filing the death certificate, the funeral director will obtain the necessary permits for transporting the body, and for burial or cremation. The cost of a casket can range from a simple $500 box to $20,000 or more for an elaborate design. Visiting hours are between 7 a.m. until sunset every day of the year. The Clean Water Act also governs scattering in inland waters such as rivers or lakes. Scattering ashes on private land. If you are the executor of the estate, you should ask for at least ten certified copies. You are allowed to scatter ashes on your own private property. BOX 985 201 NORTH KAUFMAN STREET MT. The books of such cemeteries must be open at all times to inspection. The ALABAMA CRIMINAL CODE and CEMETERIES The Criminal Code and Cemeteries: Sections 13A -7 23.1, 13A 1112 and 13A 13 of the Alabama Criminal Code provides the following relative to protecting cemeteries. (b) All licenses granted under this chapter shall expire on October 1, following their issuance or renewal, and shall become invalid unless renewed as provided in this section. Anyone can obtain a death certificate for someone who died more than 25 years ago. AN ORDINANCE AMENDING THE GROUNDS REGULATIONS FOR CITY OF MADISON CEMETERIES WHEREAS, §11-47-40 of the Code Alabama, as amended, states that all cities and towns in the state have the power to own, regulate, improve, layout, and control … Search Burial Records. CEMETERY REGULATIONS: Last Updated December 1, 2020 STATUTES Title 54.1, Chapter 23.1 : 9960 Mayland Drive, Suite 400 . Definitions. Please note that the Cemetery Board is responsible for promulgating regulations … 1. Before establishing a family cemetery at home, you should check local zoning rules. From the ADPH website, you can download a mail-in order form or find a link to order certificates online. Most bodies are buried in established cemeteries, but there are no laws in Alabama that prohibit home burial. Article 4 Donor Eye Enucleation Licenses. Enter your e-mail address below to receive a monthly … Failure to follow the regulations of the cemetery can result in the stone delivery being refused. If you want to scatter ashes on someone else’s private land, it’s wise to get permission from the landowner. This report must show the income to and disbursements from the fund and list the securities in which the fund is invested. Alabama Funeral Services Statutes and Regulations Code of Alabama 1975, Title 34 Chapter 13 & Administrative Code 395 1 Article 1 General Provisions Section 34-13-1 Definitions. You must obtain a burial permit from the local registrar of the district where the death occurred before burying someone. Also note that subsections (c) and (d) define a strong roll for the Alabama The EPA does not permit scattering at beaches or in wading pools by the sea. Scattering ashes by air. Penalty for violation. Alabama Code 35-1-4 - Right of access to cemetery on privately owned or leased property. There are no laws in Alabama that prohibit home burial, but you should check local zoning rules before establishing a family cemetery. Use common sense and refrain from scattering ashes in places where they would be obvious to others. You must provide identification at the time you make the request. 34-13-4 Publication of statutes and regulations. You may simply want to keep a copy for your personal records or, if you are in charge of wrapping up the deceased person’s affairs, you may require multiple, official copies to carry out your job. (a) Cemetery rules and regulations are adopted for the mutual protection of the cemetery owners and the owners of interment rights in the cemetery. Scattering ashes on federal land. In some states, the information on this website may be considered a lawyer referral service. <>/Metadata 71 0 R/ViewerPreferences 72 0 R>>
Scattering ashes at sea. Refusal to issue license--notice--hearing. You may wish to check both city and county ordinances and zoning rules before scattering ashes on local public land, such as a city park. Cremation renders ashes harmless, so there is no public health risk involved. License, cemeteries--division's powers and duties--limitations. The Criminal Code and Cemeteries: Sections 13A -7 23.1, 13A 1112 and 13A 13 of the Alabama Criminal Code provides the following relative to protecting cemeteries. State Regulations on Cemeteries. In Alabama, the following individuals are permitted to apply for a certified copy of a death certificate: Local, state, and federal agencies and public or private agencies who are conducting their official duties may request copies of death certificates for statistical or administrative purposes. Finally, you must notify the EPA within 30 days of scattering ashes at sea. Alabama National Cemetery, Montevallo, Alabama, 4,296 records; New Salem Cemetery Records, Center Grove, Alabama, 339 records; Webb Cemetery, Webb, Alabama, 530 records; Pine Grove Cemetery, Glencoe, Alabama, 401 records; Mount Pleasant Cemetery, Ardmore, Alabama, 887 records; Search Alabama Cemeteries . No. Regulations. Rules and Regulations of the Cemetery and prices for burial spaces and services are made by the Cemetery and become effective upon approval by the Cemetery. (Alabama Code § 22-9A-16(b).) The following is a list of regulations relevant to Preneed promulgated by the Alabama Commissioner of Insurance. While it’s true that, in Alabama, only licensed funeral directors may sell caskets (Alabama Code § 34-13-1(a)(25)), federal law requires funeral homes to accept caskets that consumers have purchased from another source, such as an online retailer. The specific requirements of the log are contained in Preneed Regulation … You may also build your own casket, if you prefer. You will need to submit a certified copy of the death certificate each time you claim property or benefits that belonged to the deceased person, including life insurance proceeds, Social Security benefits, payable on death accounts, veterans benefits, and many others. A green burial can be prepared by: Any individual who has been given Durable Healthcare Power of Attorney over another person. Please note that willfully violating this law has the same weight as maliciously doing harm to the cemetery. The Cemetery is hereby empowered to enforce all Rules and Regulations as herein prescribed; it shall have charge of the grounds and buildings including the conduct of funerals, traffic, employees, owners of Burial Right(s), and visitors and at all times shall have supervision and control of all persons while in the Cemetery. Section 214.250. Alabama Funeral Services Statutes and Regulations Code of Alabama 1975, Title 34 Chapter 13. An alternative container may be made of unfinished wood, pressed wood, fiberboard, or cardboard. No law requires a casket for cremation. 34-13-2 Purpose of chapter. endobj
The regulations are listed in order by regulation number. City may provide and enforce rules and regulations. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. What You Need To Know. AAC is a state trade association for cemeteries and funeral homes located in Alabama. If the gravemarker is refused by the cemetery all charges incurred, including return shipping and possible remaking of the stone, are the purchaser´s responsibility. Research the state requirements regarding required distance from populated areas. Alabama Preneed Funeral and Cemetery Act . AAC is a state trade association for cemeteries and funeral homes located in Alabama. On the contrary, federal law requires a funeral home or crematory to inform you that you may use an alternative container, and to make such containers available to you. IT HAS NOT BEEN CODIFIED BY THE LEGISLATURE. This association is not a source of legal or management advice for cemeteries or for consumer complaints. the spouse, mother, father, child, or sibling of the deceased person, the grandchild of a deceased person when the record is necessary for the determination or protection of his or her personal property rights, the legal representative of the family or the deceased person's estate, or. Proposed Regulations From December 13, 2018, and throughout January 2019, a public comment period was held to receive input on a draft ordinance prepared by the Auburn Planning Department. Get It Together, by Melanie Cullen (Nolo) helps you gather and organize the essential details of your life for yourself and your family. SUMMARY OF SIGNIFICANT CHANGES. Go to the FamilySearch Catalog; Enter: Alabama in the Place box Click on: Search Click on: Cemeteries To search for cemeteries at the county level follow directions below Embalming is a process in which blood is drained from the body and replaced with fluids that delay disintegration. Section 214.277. If there is no physician in charge of the deceased person, the county medical examiner determines the cause of death and completes the medical certification within 48 hours after receiving it. The logs should show all transactions made since April 30, 2002. Where can we store or scatter ashes after cremation in Alabama? (Alabama Code § 22-9A-14(a).) Code Sections of the Alabama Preneed Funeral and Cemetery Act applicable to Endowment Care Cemeteries are Sections 27-17A-45 thru 27-17A-56. For more information, begin your search at the website of the National Park Service. a person listed on the death certificate as an informant who provided information. 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