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Cass County Commission adopts policy defining abandoned cemeteries, bars new burials and sets caretaker payments
Summary
The Cass County Commission on Wednesday adopted a formal cemetery policy that borrows the Century Code definition of "abandoned cemetery," prohibits future burials in such sites, sets modest reimbursements for volunteers who maintain some sites and requires the county sexton to notify the state within a year of appointment.
The Cass County Commission on Wednesday adopted a policy that defines ‘‘abandoned cemetery’’ using the language from state law, prohibits future burials in abandoned cemeteries, authorizes modest payments to local caretakers and directs the county sexton to report new sexton information to the North Dakota Department of Health and Human Services within a year.
The measure, presented to the board by county staff, was described as a clarification of existing practice rather than a change to how the county manages historic or abandoned burial sites. ‘‘We pulled it, directly from Century Code,’’ the staff member said when explaining why the definition was copied verbatim into county policy.
County staff told commissioners the policy explicitly states abandoned cemeteries are not available for future interments and lays out follow-up steps if a sexton discovers a burial is being planned in one of those sites. The policy also formalizes a small budget line that reimburses individuals or neighbors who have cared for some abandoned cemeteries for years; payment levels are to vary depending on site size.
The policy directs the county to enter agreements with individuals who maintain some abandoned sites and to reimburse or compensate them from the county’s existing line item for abandoned-cemetery upkeep. It also includes a requirement that within a year of appointment the county must provide the new sexton’s information to the North Dakota Department of Health and Human Services.
Commissioners asked procedural and scope questions during discussion, including whether families could remove remains from an abandoned site. The state’s attorney’s office advised that, in general, removal can occur but requires legal authorization and that families often complete removals at their own expense.
A motion to adopt the policy was seconded and approved by roll call. The minutes of the meeting record affirmative votes from the commissioners present.
County officials said the policy aims to reduce confusion about which sites may be reused and to formalize the county’s practice of supporting volunteer caretakers who have maintained several small rural cemeteries for years.
