County Land Use Wording Solutions
Issues with Current County wording
"Cemetery/ Crematoriums- A burial place or grounds owned, operated and maintained by a municipality with endowment care feasibility and disallowed for private persons or entities in all Sanpete County zones.":
1) Combining cemetery and crematorium is inaccurate and misleading, since Utah law regulates crematories separately (under funeral service licensing).
2) Endowment care (a perpetual care trust fund) is a specific statutory term that applies to certain commercial cemeteries. Calling the funding “feasible” is a way to get around actually funding “perpetual” care. So stating simply “owned and maintained by a municipality or cemetery maintenance district.”, would be sufficient and less confusing.
Our Suggested Model Ordinance Language
Definitions
Cemetery – A burial place or grounds that may be:
(1) Municipal Cemetery:
Owned and maintained by a municipality or cemetery maintenance district; OR
(2) Private Natural Cemetery:
Established by private persons or entities on private property located outside municipal boundaries and within the unincorporated areas of the county, provided that:
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No embalming fluid is used;
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Remains are placed in a biodegradable casket or natural shroud, and covered by at least 18 inches and not more than 4 feet of soil above the top of the container or shroud;
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No burial vault is used;
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Only natural markers such as native stones, shrubs, or flush ground-level markers are permitted;
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The landscape is maintained in keeping with the local environment;
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Each burial is located at least 150 feet from any water source, 50 feet from any property line and precautions have been taken to avoid gas and other utility lines;
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Located only on parcels of at least ½ acre. Burials shall not exceed 10% of the parcel unless otherwise authorized by the County Commission;
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The cemetery plat and burial records are filed with the County Recorder in accordance with Utah Code § 8-3-1, and each individual burial shall also be recorded with accompanying GPS coordinates for accurate location;
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The next-of-kin pre-authorizes that future property owners may relocate the remains, provided all Utah Department of Health procedures for disinterment and re-interment are followed, including proper registration of the new location.
Purpose
The purpose of this ordinance is to recognize and regulate private cemeteries in a manner consistent with Utah Code Title 8. The County affirms the right of individuals and families to establish burial grounds on private property located outside municipal boundaries, while protecting public health, water quality, and appropriate landscape. These provisions ensure that private cemeteries remain ecologically sound, properly recorded, and respectful of future land use, thereby providing families with lawful burial options and clear safeguards.
Tax Break for a Private Cemetery?
There is a rumor that a land owner doesn't pay taxes anymore if a body is buried on their rural private land. Nope.
Bottom line (based on Utah Code §59-2-1101):
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A few family burials on rural land = property still taxable.
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If not also used for private purposes, a formally established nonprofit cemetery = property may qualify for exemption.
Public Education/Cautions
-At least 3 days before digging call 811 to schedule identification of gas line and other buried utility lines. Or submit request online at https://www.bluestakes.org/how-it-works/
-Neighbors may not like being even 50 ft from buried dead bodies. The minimum lot size assures the neighbor’s house to be a little farther from a cemetery, especially when the neighbor is likely also on a 1/2 acre or more.
-Future Access to Remains
The land may fall into stranger's hands in the future, or a future occupant may simply have a conflict with their own kin and try to forbid access to them. Municipal burial solves access issues.
General Property Law (Utah Code Title 57, Chapter 1: Conveyances): Access to private graves is often treated as an implied easement for descendants (e.g., right to visit without disturbing the property). See Utah case law like Carrier v. Lindquist (2001 UT 105), which recognizes private easements over public ways but extends to burial sites via necessity. While not exclusively about cemeteries, it provides a framework for implied easements that courts may apply to grave access disputes.
A1930 case related to the subject:
Crandall v. Crandall (1930, 78 Utah 487, 5 P.2d 221)
Citation: Crandall v. Crandall, 78 Utah 487, 5 P.2d 221 (Utah 1930).
Facts: This older case involved a property dispute where a family cemetery was located on land transferred between family members. The issue centered on whether rights to the cemetery (including access) were retained after the land sale.
Holding:
The Utah Supreme Court recognized that burial plots carry unique legal status, often implying reserved rights for family members to access and maintain them, even after a property transfer.
The court suggested that an implied easement could exist for family members to access a cemetery, based on the intent of the original landowner and the ongoing need to honor the deceased.
Relevance to Graves:
Crandall establishes that Utah courts view cemeteries as distinct from typical real property, with access rights often preserved for descendants via implied agreements or easements.
This case supports the argument that access to a private grave cannot be wholly denied without violating the intent behind the burial site’s creation.
Application: If a landowner denies access to a family cemetery, Crandall can be cited to argue that the original intent (e.g., perpetual access for family) creates an implied easement, especially if the cemetery predates the current ownership.
-If a Future Owner Wants to Remove Remains:
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Utah Code § 26B-8-121 — Certificate of death … Permit for disinterment
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This statute says a permit for disinterment and reinterment is required prior to disinterment of a dead body, dead fetus, or fetal remains, except as otherwise provided by statute or department rule. Utah Legislature+1
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It also governs registration of death certificates, burial-transit permits, etc. Utah Legislature+1
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Utah Administrative Code R436-8-5 — Authorization for Disinterment and Reinterment
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Requires a written application signed by the next of kin and by the person in charge of the disinterment, or a court order. Legal Information Institute
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If next of kin disagree, the State Registrar may require a court order. Legal Information Institute
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If relocating a cemetery, there are rules for mass disinterment, identification of each body/remains, and specifying both old and new locations. Legal Information Institute
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Utah Admin. Code R436-8-6 — Penalties for Disinterment without Authorization, etc.
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States that disinterment or reinterment without proper authorization is a violation, subject to penalties. Legal Information Institute
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To examine the original intent of municipal cemeteries, this history of the Salt Lake City Cemetery is fascinating. Their website is phenomenal, and their master plan inspiring:
https://www.slcdocs.com/council/WebDoc/Cemetery_Master_Plan/Final_Draft.pdf
Master Plan Executive Summary
The Salt Lake City Cemetery had its first burial in 1848 and officially opened in 1849. It was one of a number of cemeteries developed during the rural cemetery movement (also known as the garden cemetery movement). The rural or garden cemetery movement began in 1831 with the development of Mount Auburn Cemetery in Cambridge Massachusetts with a focus on burial grounds that use landscaping in a park-like setting. Rural cemeteries, from their beginning, were intended as civic institutions designed for public use. These cemeteries were “the first public parks in America” (Clark, 2015).
Many factors led to a shift from the role cemeteries played as public parks, resulting in reduced visitation and interest in cemeteries. More recently, communities have been forced to rethink their approach to cemetery operations and management as these early cemeteries experience dwindling capacity, limited expansion opportunity, and funding challenges. As a result, many communities have started to recognize the value cemeteries provide as unique open spaces, and in a return to early cemetery history, have started offering events, tours, and passive recreation opportunities, in addition to burials. The Salt Lake City Cemetery is facing the same challenges experienced by other cemeteries from the rural cemetery era. It too, is exploring ideas and opportunities to capitalize on the Cemetery as a valuable community open space.
Precedent Study of Cemetery Uses
In an effort to identify opportunities and ideas that may help address challenges facing the Salt Lake City Cemetery, a comparison of various activities and uses at other cemeteries were documented (see Figure 1.7 in Chapter 1). Though all of the activities listed in the comparison may not be desired or determined appropriate for the Salt Lake City Cemetery, this comparison identifies a broad range of activities that take place at cemeteries across the country and could be implemented at the Salt Lake City Cemetery, if desired. Some of these activities include:
§ Wildlife watching
§ Walking and jogging
§ Biking § Star gazing
§ Guided and self-guided tours
§ Cultural and historic interpretation
§ Photography
§ Genealogical research
§ Events or classes
§ Arboretum
Vision and Goals
As part of the planning process, the planning team used the information gathered during the analysis and assessment phase, input from the community, and worked with City staff and stakeholder groups to develop the Master Plan Vision and identify planning goals. Goals were developed to address the three main purposes of the Master Plan. The Master Planning Goals were then prioritized based on input received from two public open houses and Open City Hall.
The 5 highest priority goals are as follows:
§ Preserve and enhance the natural resources in the Cemetery (i.e. trees and vegetation, wildlife, wildlife habitat, and views).
§ Create a comprehensive strategy to repair Cemetery infrastructure including roads and maintenance facilities. § Incorporate sustainable maintenance practices, especially those that have the potential to reduce ongoing maintenance costs.
§ Enhance and develop opportunities to explore the Cemetery through walking, jogging and cycling.
§ Develop opportunities to continue to provide burial and internment offerings.