Navigating the laws around cemeteries and burials can be challenging, especially with many rules governing everything from indigent burials to cemetery maintenance. Here’s an overview of Ohio’s key regulations and insights into cemetery management.
Key Laws Governing Cemeteries
Ohio’s Revised Code contains detailed regulations for cemeteries. Highlights include:
- Indigent Burial (ORC 9.15): Local governments are responsible for burying or cremating unclaimed bodies or those claimed by disadvantaged individuals.
- Township Cemeteries (ORC Chapter 517): Townships manage public cemeteries, ensuring maintenance and proper rules enforcement.
- Municipal Cemeteries (ORC Chapter 759): Municipalities can own cemeteries within or outside city limits and must maintain these grounds.
- Family Cemeteries: Defined as cemeteries containing remains of family members with a common ancestor.
Facts About Cemetery Management
- Township cemeteries must mow the grass at least twice yearly (ORC 517.06).
- Townships can sell burial sites at “reasonable prices,” with proceeds directed to cemetery upkeep.
- New cemeteries must be 100 yards away from dwellings, while crematories must maintain a 200-yard distance (ORC 517.01, 1721.18).
Indigent Burial Responsibilities
When a body is unclaimed or claimed by a needy person, the township or municipality must arrange burial or cremation. However, if a body is claimed for private interment, costs are the claimant’s responsibility unless they qualify as indigent.
Maintenance Guidelines
Cemeteries are required to provide reasonable maintenance, guided by standards from the Cemetery Dispute Resolution Commission. This includes grass cutting, tombstone re-erection, and general upkeep.
Handling Abandoned Cemeteries
Township trustees can order the discontinuation of abandoned cemeteries, ensuring remains and monuments are respectfully relocated (ORC 517.21).
Archaeological Discoveries
If human remains are found during construction or other activities, work must stop within a 150-foot radius, and authorities must be notified immediately.
Conclusion
Ohio’s cemetery and burial laws aim to balance respect for the deceased with practical management. Understanding these laws is vital whether you’re a township trustee or someone navigating family cemetery rules.
