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Zoning panel postpones decision on private Burton family burial plot after legal counsel flags state statute issues
Summary
A request to establish a perpetual private family burial plot in the Town of Draper was tabled so staff and county counsel can gather state statutory and administrative-code requirements before the committee rules.
The Sawyer County Zoning Committee on a public hearing item postponed action on Conditional Use Permit 25-004, a request by Eugene Burt to create a perpetual private family burial plot on agricultural land in the Town of Draper. The committee voted unanimously to table the application and asked staff and legal counsel to return with written guidance.
Why the committee paused: County legal counsel told the committee that Wisconsin law contains a clear statutory and administrative framework for cemeteries (Wis. Stat. ch. 157 and related Department of Health Services/Department of Safety and Professional Services codes). The ordinance before the committee does not define 'family burial plot,' and counsel said the committee must decide whether the requested use fits as a 'like or similar' use to a cemetery and whether state statute requirements for perpetual care, associations or other cemetery elements will apply.
Public input and town action: The Town of Draper's plan commission and town board recommended denial of the application; town officials and several neighbors spoke in opposition at the county hearing, citing concerns about maintenance, precedent for multiple private burial sites, potential town liability and the availability of plots at the existing Draper municipal cemetery. The applicant and supporters said local practice and precedents in other counties suggested private family burial plots can be lawful and that the family relied on township guidance in pursuing the application.
Committee direction: The committee directed staff and legal counsel to compile the applicable Wisconsin statutes and administrative-code requirements, and to present a memo to the zoning committee at its next meeting so members can decide whether the proposed private family burial plot can be approved as a 'like or similar' use to a cemetery under county ordinance, or whether other conditions or an ordinance amendment are needed.
Ending: The committee did not make a final determination; the Burts' application was postponed to allow staff to assemble the legal materials requested by the members.
