289:1 Definitions. – In this chapter, unless the context clearly requires otherwise: I. " Burial ground " means a private family or religious institution’s cemetery, mausoleum, or columbarium on private property and not available for use by the public. For purposes of this paragraph, the term " family " shall mean members of the […]
289:10 Investments. – Cemetery corporations holding funds in trust as provided in RSA 289:9 may establish, maintain, and operate common trust funds as provided in RSA 31:27-30. Source. 1994, 318:2, eff. Aug. 7, 1994.
289:11 Accounting. – Whenever any cemetery corporation shall take and hold trust funds according to the provisions of RSA 289:9, such corporation shall keep in its books an account of all funds received and held by it in the same manner as required of municipalities, and the account of any such fund shall be […]
289:12 Reports. – A copy of the annual financial report of such corporations shall be filed with the attorney general, unless otherwise required by law to file such a report with any town, city, county, or state agency. Source. 1994, 318:2, eff. Aug. 7, 1994.
289:13 Cemetery Association Termination. – Any cemetery laid out by an individual or corporation and located within the municipality, in which all lots have been sold and for the care of which trust funds are held by the municipality, may be deeded to the municipality with no implied financial liability to the municipality for […]
289:14 Right of Way to Private Burial Ground. – Any person wishing to have a temporary right of entry over private land in order to enter a private burial ground enclosure to which there is no public right of way may apply in writing to the selectmen of a town or the mayor of […]
289:14-a Maintenance, Repair, and Preservation of Burial Grounds. – I. Any person or organization interested in caring for a burial ground which has not been maintained and the owner of which is unknown, or whose present address in unknown, may petition the selectmen, town council, mayor, or cemetery trustees for permission to clean, maintain, […]
289:14-b Historic Burial Grounds and Cemeteries. – Historic burial grounds and cemeteries, including their markers, walls, gates, and other associated and identifying features and artifacts, are meaningful to the history, historic landscape, cultural, religious, craft and architectural traditions of the state; were established prior to January 1, 1950; and are consistent with the definitions […]
289:15 Discontinuance. – Whenever there is a public necessity for the discontinuance of any municipal cemetery and the removal of the remains of persons buried in such cemetery, the cemetery may be discontinued by a 3/4 vote of the legal voters present and voting at any town meeting held for the purpose, or by […]
289:16 Reinterment. – The governing body may, at the expense of the municipality, disinter all the remains of persons buried in such cemetery and reinter the same in the unoccupied part of another cemetery within the municipality, such reinterment to be in the place designated by the nearest surviving relatives of the deceased persons […]
289:17 Removal of Monuments. – The monuments, gravestones, and other appurtenances attached to the graves shall be carefully removed and properly set up at the place of reinterment with as little injury as the nature of the case will admit. In case of injury to any monument, gravestone, or appurtenance, the damages shall be […]
289:18 Forfeiture Procedures. – I. Whenever a burial space or spaces in any cemetery subject to the provisions of this subdivision have remained unused for a period of 50 years, and the owner has not improved such space or spaces by causing a monument, gravestone, or other permanent appurtenance to be placed on the […]
289:19 Neglected Burial Ground. – Whenever a burial ground within the boundaries of the town has been neglected for a period of 20 years or more, the municipality may declare it abandoned for purposes of preservation, maintenance or restoration. Source. 1994, 318:2, eff. Aug. 7, 1994.
289:2 Municipality to Provide. – Every municipality shall provide, or may enter into agreements with adjacent municipalities or nonprofit entities to provide, one or more suitable cemeteries for the interment of deceased persons, which shall be subject to such regulations as the municipality may establish. In the absence of regulations established by vote of […]
289:2-a Funds Received From Sale of Cemetery Lots. – Upon the sale of cemetery lots, the legislative body may, at any annual or special meeting, vote to determine whether funds received from such sale shall be deposited in the general fund of the town as a sale of town property or deposited with the […]
289:20 Procedure. – To declare a burial ground abandoned: I. The municipality shall place an advertisement in at least one newspaper having general distribution in the municipality and surrounding area. The advertisement shall state the intent of the municipality, identifying the burial ground by name, if known, and by names and dates of the […]
289:21 Rights and Responsibilities. – Any burial ground declared abandoned under these provisions shall become a municipal cemetery for management purposes and shall be managed by the cemetery trustees, who shall assume all the authorization and rights of natural lineal descendants. Source. 1994, 318:2, eff. Aug. 7, 1994.
289:22 Stone Rubbings. – No person shall make gravestone rubbings in any municipal cemetery or burial ground without first obtaining the written permission of the town selectmen or the mayor of a city or designee. Before granting such permission, the selectmen or mayor will ascertain to the best of their ability that the person […]
289:23 Other Unauthorized Acts. – All other unauthorized conduct under RSA 635:6 and 635:7 regarding the abuse of cemeteries shall be penalized as provided in RSA 635:8. Source. 1994, 318:2, eff. Aug. 7, 1994.
289:3 Location. – All cemeteries and burial grounds shall be laid out in accordance with the following requirements: I. No cemetery shall be laid out within 100 feet of any dwelling house, schoolhouse or school lot, store or other place of business without the consent of the owner of the same, nor within 50 […]
