The Vermont Old Cemetery Association
Vermont Statutes Pertaining to Cemeteries
Section 5319 DISPOSITION OF REMAINS OF DEAD
(a) The permanent disposition of the remains of the human dead shall be by interment in the earth or deposit in a chamber, vault or tomb formed wholly or partly above the surface of the ground of a cemetery conducted and maintained pursuant to the laws of the state, by deposit in a crypt of a mausoleum or by cremation. However, this shall not be construed to prevent a private individual from setting aside a portion of his premises owned in fee by him, and using the same as a burial space for members of his immediate family, so long as his use for such purpose is not a violation of the health laws and regulations of the state and the town in which such land is situated.
(b) No interment of any human body in the earth shall be made unless the distance from the bottom of the outside coffin shall be at least five feet below the natural surface of the ground, excepting only infants under four years of age, whose bodies shall be so interred that the bottom of the outside coffin enclosing them shall be at least three and one-half feet below the natural surface of the ground.
(c) No deposit of the remains of the human dead shall be made in a single chamber, vault or tomb wholly or partly above the surface of the ground unless the part thereof below the natural surface of the ground be of permanent character, constructed of materials capable of with standing extreme climatic conditions, be waterproof and air tight, and can be sealed permanently so as to prevent all escape of effluvia. That portion of the same above the natural surface of the ground shall be constructed of natural stone of a standard not less than that required by the United States government for monuments erected in national cemeteries, of durability sufficient to withstand all conditions of weather, and of a character to insure its permanence.
(d) The remains of a human body after cremation may be deposited in a niche of a columbarium, in a crypt of a mausoleum, be buried or disposed of in any manner not contrary to law.
Section 5320 TEMPORARY VAULTS
A town may construct and maintain, on land owned by such town, temporary receiving vaults for the temporary disposition of dead bodies, if approved by a majority of voters present and voting at an annual or special town meeting duly warned for that purpose. Such temporary disposition shall be for a period not to exceed one year.
Section 5321 IMPROVEMENT OF PRIVATE BURIAL GROUNDS, DUTIES OF OFFICERS
When the use and care of a private burial ground has been abandoned and such ground becomes unsightly from any cause, or when headstones or monuments have been displaced, the selectmen or board of cemetery commissioners having charge of the public cemeteries in the town where such burial ground is located, on written request of three legally qualified voters of such town, shall forthwith cause a notice to be published once a week on the same day of the week for three successive weeks in some newspaper circulating therein, calling upon any person interested in such burial ground to cause the same to be put in proper condition within three months from the date of such notice. At the expiration of such time, if such demand is not complied with, the selectmen or board shall proceed then and thereafter as if such ground were a public burial place.
Section 5322 TEMPORARY ACCESS TO CEMETERIES
(a) Any person wishing to have temporary right of entry over private land in order to enter a graveyard enclosure to which there is no public right-of-way may apply in writing to the selectmen or cemetery commissioners, as the case may be, state the reason for such request and the period of time for which such right is to be exercised. The applicant shall also notify in writing an owner or occupier of the land over which the right-of-way is desired. If the selectmen or the cemetery commissioners find that the request is reasonable, they shall issue a permit or a temporary right of entry designating the particular place where, and the manner in which, the land may be crossed. The owner or occupier of the land may recommend a place of crossing which, if reasonable, shall be the place designated by the selectmen or cemetery commissioners.
(b) An owner or occupier of the land who refuses to comply with a permit issued under subsection (a) of this section may be liable for reasonable costs and attorney fees expended to enforce the permit.
Section 5361 APPROPRIATIONS AND REGULATIONS BY TOWNS
A town may vote sums of money necessary for purchasing, holding and keeping in repair suitable grounds and other conveniences for burying the dead. The selectmen may make necessary regulations concerning public burial grounds and for fencing and keeping the same in proper order.
Section 5362 REPAIR; EXPENSE; NOTICE
(a) When lots or walks in a public burial ground become unsightly with weeds or by an unchecked growth of grass or from any other cause, or when headstones or monuments have become displaced or out of repair, the selectmen or cemetery commissioners shall cause such lots and walks to be cleared of weeds and grass, the headstones or monuments to be replaced or repaired or other disfigurements removed, and may draw orders on the town treasurer for the expenses incurred. The amount drawn from the treasury of a town for such purpose in any year shall not exceed $500.00.
(b) When a headstone or monument is to be replaced, the selectmen or cemetery commissioners shall notify relatives of the deceased, if known, of the date of removal and that the relative may claim the removed headstone or monument within 30 days after the date of the notice.
