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TOPIC: Burial on Private Land, New Mexico

Burial on Private Land, New Mexico 12 Jun 2010 09:58 #337

  • Edwina Hewett
  • Edwina Hewett's Avatar
As and individual and a member of a county planning and zoning board that is considering regulation of home burial on private land in New Mexico I am looking for information regarding such activities. Does New Mexico regulate burial on private land located wtihin the county areas? What concerns should a county planning and zoning board consider in creation of an ordinance? Any and all input would be greatly appreciate.
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Re:Burial on Private Land, New Mexico 15 Jun 2010 08:17 #338

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Burial on Private Land, New Mexico - FCA Forum

I ran your inquiry through the Deathcare Discussion List and received the following responses.

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I am aware that burial on private lands (particularly ranches) is a fairly common practice in Socorro County, NM. If there is permitting involved, I've not heard of it.

I would be interested in knowing which county P&Z is considering such an ordinance.

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All I can find in a quick search of the state laws is:

30-12-14. Unlawful burial.

Unlawful burial consists of the using of any land or lands as a burial place of interment within fifty yards from either side of the bank or border of any stream, river or any body of water, by a person or persons, society of persons, order, corporation or corporations.

Whoever commits unlawful burial is guilty of a misdemeanor.

There may be local regs, or I may have missed something, but it looks to me like the statute is pretty non-existent when it comes to burial on private land. Certainly the general practice around here would suggest that.

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You'll probably need to check local ordinances also, even if your state doesn't otherwise prohibit burial on one's own land. One source: www.municode.com , then click on library tab, then your state, then the applicable county or town. Then play around with key words such as: burial, grave, cemetery

Incorporated towns and cities tend to have more restrictions than rural areas.

Rural areas may have regulations regarding how far from existing cemeteries a sewer or septic system can be placed, and it's wise to flip those regulations around. Lisa Carlson has some general tips to follow including making a record on your deed.

Sometimes the county health department folks know but there's no substitute for doing your own research.

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As Holly mentioned, I recommend 150 ft. from a water supply and 25 ft. from a power line or neighbor's boundary. For some reason, I couldn't respond to the poster on that blog.

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Prior arrangements must be made with the county clerk's office to record a map designating the burial site. Burial must be 50 yards from a stream or other body of water and five feet from the property line; minimum depth is six feet.

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