Committee asks staff to research Illinois statutes and local process on private burials on private land
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Summary
Committee members asked staff to review the Funeral Directors Act, Burial of Dead Bodies Act, and Burial Rights Act after the county coroner raised questions about private family burials on private property; staff will report back with statutory guidance and drafting options if needed.
The committee discussed concerns raised by the county coroner about private burials on private property and whether county-level recording or ordinance language is needed. Committee members said they were not aware of an Illinois county ordinance that governs private in-ground burials on private property and asked staff to research the statutory framework.
Committee members and staff identified three state-level acts to review: the Funeral Directors Act, the Burial of Dead Bodies Act, and the Burial Rights Act. Staff recalled a prior informal conversation suggesting recording requirements and minimum acreage might be relevant. Committee members agreed to seek written guidance from the state's attorney and to bring draft language back to the committee if an ordinance is recommended.
Why it matters: Private in-ground burials have property-recording and public health implications, and some members said prior requests had resulted in inconsistent local decisions. The committee said clearer county guidance would help the coroner and title-recording practices and provide better notice to future property buyers.
What’s next: Staff will locate and circulate the relevant Illinois statutes and any comparable county ordinances and will consult the county coroner and state's attorney to determine whether a county ordinance or a recording procedure is needed.