Upson County planning commission approves private family cemetery on Judgetown Road with access conditions

The Upson County Zoning Commission recommended approval of a special-exception request to create a private family cemetery on a portion of a 12.5-acre parcel at 957 Judgetown Road.

The recommendation, made at the commission’s Feb. 10 meeting, follows a staff report that said cemeteries are allowed by special exception in the AR (agricultural-residential) district and noted the proposed burial plot would be roughly 0.9 acres and sit in the north-central portion of the parcel. The applicant is listed as Jason and Walt Patterson.

Staff told the commission the site is isolated from neighboring properties, largely wooded and partly in floodplain, and that the proposed location is outside the mapped floodplain. The staff report said the planned use is passive and unlikely to create nuisances for neighbors and recommended approval with customary conditions, including compliance with state regulations for cemeteries and disposition of human remains, a requirement that the cemetery not operate commercially, and standards for ongoing maintenance.

Applicant Jason Patterson told the commission the burial plot would be in the middle of the 53-acre parcel, about a half-mile from the road and from property lines, accessible only by contacting the owners. “My parents just wanna have a family cemetery on the backside of our property,” Patterson said.

Commissioners discussed ensuring long-term access if the property is sold. Planning staff and one commissioner told the applicants they should arrange a recorded access easement and a platted cemetery parcel so future owners and family members retain the right to reach the burial site. Planning staff also said an affidavit identifying the first burial should be filed with the clerk of court within three months of the first interment to give notice to future owners.

A motion recommending approval with the staff conditions and added conditions requiring a recorded access easement and formal plotting of the 1-acre cemetery area carried. The commission recorded its recommendation to the Board of Commissioners; the board will make the final decision.

The commission’s conditions as stated in the meeting record require (1) compliance with state cemetery and disposition rules; (2) designation and platting of the cemetery parcel (approximately 0.9–1.0 acre); (3) a recorded access easement to preserve future access; (4) a filed affidavit with the clerk of court within three months of the first burial; (5) a prohibition on commercial operation; and (6) ongoing maintenance responsibilities.

No members of the public spoke in opposition during the hearing. The commission chair called the recommendation forward for transmittal to the Board of Commissioners.

Votes at a glance: the commission voted to recommend approval. The meeting record shows a unanimous voice vote in favor; the transcript does not list a roll-call tally by name.