Empathy List Archives

BP

Beverly Palmer

Mon, Jul 11, 2022 3:24 PM

Has anyone had the question come up of whether a person can bury a deceased person in their backyard, within the city limits? Is there any state law regulation of it? Has any city enacted ordinances on it? If so, can you share it?

Thanks,

Beverly Palmer
City Attorney
City of Del City
3701 S.E. 15th Street
Del City, OK 73115
bpalmer@cityofdelcity.org mailto:bpalmer@cityofdelcity.org
Office: (405) 671-2813
Fax: (405) 571-2897

DISCLAIMER - This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.

Has anyone had the question come up of whether a person can bury a deceased person in their backyard, within the city limits? Is there any state law regulation of it? Has any city enacted ordinances on it? If so, can you share it? Thanks, Beverly Palmer City Attorney City of Del City 3701 S.E. 15th Street Del City, OK 73115 bpalmer@cityofdelcity.org<mailto:bpalmer@cityofdelcity.org> Office: (405) 671-2813 Fax: (405) 571-2897 DISCLAIMER - This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.

RK

Rick Knighton

Mon, Jul 11, 2022 4:03 PM

Has anyone had the question come up of whether a person can bury a deceased person in their backyard, within the city limits? Yes.

Is there any state law regulation of it? No.

Has any city enacted ordinances on it? If so, can you share it? We do not have an ordinance but if a development has covenants, they may prohibit interring remains on platted lots. Moreover, if remains are interred on a plot of land, that plot land cannot be alienated.

This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.

From: Beverly Palmer bpalmer@cityofdelcity.org
Sent: Monday, July 11, 2022 10:24 AM
To: oama@lists.imla.org
Subject: EXTERNAL EMAIL : [Oama] Regulation of private burials

Has anyone had the question come up of whether a person can bury a deceased person in their backyard, within the city limits? Is there any state law regulation of it? Has any city enacted ordinances on it? If so, can you share it?

Thanks,

Beverly Palmer
City Attorney
City of Del City
3701 S.E. 15th Street
Del City, OK 73115
bpalmer@cityofdelcity.org mailto:bpalmer@cityofdelcity.org
Office: (405) 671-2813
Fax: (405) 571-2897

DISCLAIMER - This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.

Has anyone had the question come up of whether a person can bury a deceased person in their backyard, within the city limits? Yes. Is there any state law regulation of it? No. Has any city enacted ordinances on it? If so, can you share it? We do not have an ordinance but if a development has covenants, they may prohibit interring remains on platted lots. Moreover, if remains are interred on a plot of land, that plot land cannot be alienated. Rickey J. Knighton II | Assistant City Attorney | City of Norman 201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070 ' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.gov<mailto:rick.knighton@normanok.gov> | þ www.normanok.gov<http://www.normanok.gov/> This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message. From: Beverly Palmer <bpalmer@cityofdelcity.org> Sent: Monday, July 11, 2022 10:24 AM To: oama@lists.imla.org Subject: EXTERNAL EMAIL : [Oama] Regulation of private burials Has anyone had the question come up of whether a person can bury a deceased person in their backyard, within the city limits? Is there any state law regulation of it? Has any city enacted ordinances on it? If so, can you share it? Thanks, Beverly Palmer City Attorney City of Del City 3701 S.E. 15th Street Del City, OK 73115 bpalmer@cityofdelcity.org<mailto:bpalmer@cityofdelcity.org> Office: (405) 671-2813 Fax: (405) 571-2897 DISCLAIMER - This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.

JM

Jon Miller

Mon, Jul 11, 2022 5:39 PM

I have not had that come up in connection with the city, but I looked at the issue of creating a family burial site about 12 years ago. Even an individual burial plot could be considered a "cemetery." See, 36 OS §7102. There are a number of state statutes that come into play, including distance of burial grounds from the city. 50 OS §42 provides:

Title 50. Nuisances
Chapter 2 - Slaughterhouses and Cemeteries
Section 42 - Cemeteries

It shall be unlawful for any person, firm, corporation or association to lay out, establish, or use for burial purposes any cemetery, graveyard or burial grounds less than three-fourths (3/4) of one (1) mile from the incorporated line of any city of more than five thousand (5,000) inhabitants within this state, or within four (4) miles from the incorporated line of any city of this state, having a population of more than sixty-five thousand (65,000) inhabitants, and then within three-fourths (3/4) of one (1) mile from any tract of land plotted into lots or blocks, or otherwise subdivided for residence purposes, wherein lots, tracts, or blocks have been sold in good faith for residence purposes prior to the time of the location, opening, or use for such burial ground, graveyard or cemetery. Provided, that where cemeteries, graveyards or burial grounds have heretofore been used and maintained within less than three-fourths (3/4) of one (1) mile from the incorporated line of any city of more than five thousand (5,000) inhabitants within this state, or not less than four (4) miles from the incorporated line of any city of this state, having a population of more than sixty-five thousand (65,000) inhabitants, and not less than three-fourths (3/4) of one (1) mile from any tract of land plotted into lots or blocks, or otherwise subdivided for residence purposes, wherein lots, tracts or blocks have been sold in good faith for residence purposes, and additional lands are required for cemetery purposes, any person owning lands adjacent, may lay out and use, or sell the same to such cemetery to be used as an addition to such cemetery, and the use of such additional lands for such purposes shall not be prohibited hereby. Provided, however, that the provisions of this act shall not apply to the laying out, establishing, or using for burial purposes any cemetery, graveyard or burial ground in cities containing a population over three hundred thousand (300,000), according to the preceding Federal Decennial Census, whenever authority for such construction and operation has been obtained from a governmental planning commission having jurisdiction over zoning and building regulations covering the area wherein such cemetery, or burial ground is proposed to be located.

While this distance requirement can be changed, it must be by act of the governing board of the incorporated municipality. 50 OS §42.1. This distance requirement may answer your question.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.

From: Beverly Palmer bpalmer@cityofdelcity.org
Sent: Monday, July 11, 2022 10:24 AM
To: oama@lists.imla.org
Subject: [Oama] Regulation of private burials

Has anyone had the question come up of whether a person can bury a deceased person in their backyard, within the city limits? Is there any state law regulation of it? Has any city enacted ordinances on it? If so, can you share it?

Thanks,

Beverly Palmer
City Attorney
City of Del City
3701 S.E. 15th Street
Del City, OK 73115
bpalmer@cityofdelcity.org mailto:bpalmer@cityofdelcity.org
Office: (405) 671-2813
Fax: (405) 571-2897

DISCLAIMER - This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.

I have not had that come up in connection with the city, but I looked at the issue of creating a family burial site about 12 years ago. Even an individual burial plot could be considered a "cemetery." See, 36 OS §7102. There are a number of state statutes that come into play, including distance of burial grounds from the city. 50 OS §42 provides: Title 50. Nuisances Chapter 2 - Slaughterhouses and Cemeteries Section 42 - Cemeteries It shall be unlawful for any person, firm, corporation or association to lay out, establish, or use for burial purposes any cemetery, graveyard or burial grounds less than three-fourths (3/4) of one (1) mile from the incorporated line of any city of more than five thousand (5,000) inhabitants within this state, or within four (4) miles from the incorporated line of any city of this state, having a population of more than sixty-five thousand (65,000) inhabitants, and then within three-fourths (3/4) of one (1) mile from any tract of land plotted into lots or blocks, or otherwise subdivided for residence purposes, wherein lots, tracts, or blocks have been sold in good faith for residence purposes prior to the time of the location, opening, or use for such burial ground, graveyard or cemetery. Provided, that where cemeteries, graveyards or burial grounds have heretofore been used and maintained within less than three-fourths (3/4) of one (1) mile from the incorporated line of any city of more than five thousand (5,000) inhabitants within this state, or not less than four (4) miles from the incorporated line of any city of this state, having a population of more than sixty-five thousand (65,000) inhabitants, and not less than three-fourths (3/4) of one (1) mile from any tract of land plotted into lots or blocks, or otherwise subdivided for residence purposes, wherein lots, tracts or blocks have been sold in good faith for residence purposes, and additional lands are required for cemetery purposes, any person owning lands adjacent, may lay out and use, or sell the same to such cemetery to be used as an addition to such cemetery, and the use of such additional lands for such purposes shall not be prohibited hereby. Provided, however, that the provisions of this act shall not apply to the laying out, establishing, or using for burial purposes any cemetery, graveyard or burial ground in cities containing a population over three hundred thousand (300,000), according to the preceding Federal Decennial Census, whenever authority for such construction and operation has been obtained from a governmental planning commission having jurisdiction over zoning and building regulations covering the area wherein such cemetery, or burial ground is proposed to be located. While this distance requirement can be changed, it must be by act of the governing board of the incorporated municipality. 50 OS §42.1. This distance requirement may answer your question. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege. From: Beverly Palmer <bpalmer@cityofdelcity.org> Sent: Monday, July 11, 2022 10:24 AM To: oama@lists.imla.org Subject: [Oama] Regulation of private burials Has anyone had the question come up of whether a person can bury a deceased person in their backyard, within the city limits? Is there any state law regulation of it? Has any city enacted ordinances on it? If so, can you share it? Thanks, Beverly Palmer City Attorney City of Del City 3701 S.E. 15th Street Del City, OK 73115 bpalmer@cityofdelcity.org<mailto:bpalmer@cityofdelcity.org> Office: (405) 671-2813 Fax: (405) 571-2897 DISCLAIMER - This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.