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#Cemetery vs graveyard code

Requests for increases must be fully documented to be considered by the Cemetery Board. The Cemetery Board must approve any service charge increases proposed by incorporated cemeteries. Service charges are fees charged by cemeteries for performing any service after the purchase of the grave or lot. What are service charges and how are they regulated in cemeteries?.Only the interest from these funds can be used for maintenance the principal must remain intact. The important distinction between these two funds is that perpetual care funds are used for the care of individual graves, plots, mausoleums, or columbarium spaces while permanent maintenance funds are for cemetery care overall.

The permanent maintenance fund is funded with a portion of current lot sale receipts and $35 from every interment.

The perpetual care fund consists of individual and varied amounts of contributions by lot owners.

In those cemeteries under the jurisdiction of the Cemetery Board, two principal trust funds exist: the perpetual care fund and the permanent maintenance fund.

Can monies be set aside for the eternal care of the cemetery?.

Securities may take the form of interest-bearing bank accounts, certificates of deposit, stocks, and/or bonds. The law requires that cemeteries entrusted with trust monies ensure that the principal shall not be lost. Trust investments are regulated by the Estates, Powers, and Trust Law of the State of New York. Trust monies are funds set aside, and the income is used to preserve cemetery grounds.

What are trust monies, and how can they be invested?.

Section 1515(b) of the Not-for-Profit Corporation Law regarding ownership of lots states that, unless specifically devised by will, (including reference to the specific lot number, section number, cemetery name), a cemetery lot is inherited by the descendants of the lot owner.

Are there any rules on heirship regarding unused graves or family plots?īurial rights obtained through inheritance should be recorded with the cemetery.

Written instructions explaining your wishes are recommended. Yes, you have a choice of how your remains will be disposed, including cremation, burial, and entombment.

Can I choose how my remains will be disposed of?.

The Cemetery Board is made up of the New York State Secretary of State, the New York State Attorney General and the New York State Commissioner of Health. The Cemetery Law sets standards for the establishment, maintenance, and preservation of burial grounds in New York State. The Cemetery Board oversees the Division of Cemeteries' operations and administers the New York State Cemetery Law.

What is the New York State Cemetery Board, and what are its functions?.

#Cemetery vs graveyard code

However, the New York State Sanitary Code (10 NYCRR, Parts 100-158) does define the distances required between cemeteries and water sources (which vary from district to district) Anyone wishing to make burial arrangements on private property should check with his or her local government officials. While some communities may have local regulations on this matter, there are no state regulations concerning burial on private property. Can someone be buried on private property?.These three conditions apply only to those cemeteries under the jurisdiction of the Cemetery Board. Nonpayment of the burial (interment) charges Nonpayment of the total purchase price of the grave or lot Yes, but only under three conditions-all involving nonpayment. See Opinion of Counsel on Cemetery Regulation in New York State No, the Division of Cemeteries and the New York State Cemetery Board regulate only those cemeteries that are incorporated under the Not-for-Profit Corporation Law.Ĭemeteries that do not fall under our jurisdiction include religious, municipal, private,national and family cemeteries. Are all cemeteries regulated by the State of New York?.