Cass County Cemetery Board adopts abandoned‑cemetery policy; directs Springvale addendum rewrite to allow cremated remains

Cass County Cemetery Board members on Feb. 24 approved a new county policy for abandoned cemeteries, formalized steps to register county cemeteries with the state, and directed staff to rewrite an addendum to the Springvale Cemetery policy so that cremated remains may be buried on top of a spouse's grave under specified conditions.

The action clears a policy the sexton drafted after review by county legal staff and adds provisions on maintenance contracts, reimbursement for volunteer mowers, and registration requirements for cemetery point‑of‑contact information. The board voted to move the Springvale addendum — revised to emphasize cremated‑remains allowances and related procedural safeguards — to the Cass County Commission for consideration.

“I took this policy in front of legal for Cass County and had them look at it too, and they thought that it was good,” said Colleen, the county sexton, describing the abandoned‑cemetery draft she prepared. Colleen told the board she intends the policy to explain why abandoned cemeteries become county responsibilities under state law and to define the county’s maintenance and registration duties.

Key provisions discussed include a prohibition on opening abandoned cemeteries for new active burials, a requirement that all burials have a state burial permit recorded by the sexton, and language giving the sexton authority to disinter remains if an unauthorized burial — for example, a secreted set of cremated remains — is discovered. Colleen said she wants the same protective language added to Springvale’s policy because she suspects some people have been placing cremated remains without documentation.

The policy also addresses maintenance and volunteer agreements. Colleen described using volunteers to mow many abandoned sites and said she intends to use contracts that treat volunteers as independent contractors for county reimbursement. She said the county has in recent years paid roughly $5.50 per year to the person caring for one site; she calculated that if that person mowed seven times the payment equates to about $25 per mow. For smaller abandoned sites she suggested a higher annual payment (discussed as roughly $250 per year) but the board did not adopt an exact schedule beyond the draft language to be finalized with the contracts.

Board members and staff discussed how registration with the State of North Dakota will require a named point of contact on the state form and agreed the county should transition to position‑based contact information (for example, a generic county sexton e‑mail) rather than a personal name so files transfer when personnel change. A county staff member told the board the county OneDrive/Teams file storage is available and backed up, and the GIS team can help put cemetery maps into the county GIS so the public can search plots online.

On Springvale Cemetery the sexton recounted a recent case in which a spouse who died abroad was returned and interred near but not next to her husband after the sexton granted an exception. The board discussed capacity limits at Springvale (the sexton estimated roughly 200 available sites) and the county’s policy that prioritizes assistance for qualifying residents. Members expressed concern about a “slippery slope” if full‑casket interments were permitted routinely in Springvale where space is finite. Several members favored allowing cremated remains on top of a spouse’s grave — limited to one set per grave — while continuing to restrict full casket interments for those who do not qualify for county final‑disposition assistance.

The board voted to have the sexton rewrite the Springvale addendum to emphasize cremated remains allowances and to incorporate a requirement that the sexton be notified and provided the burial permit for any interment. The motion to send the rewritten addendum to the county commission passed.

Other procedural items included approval of minutes from the Nov. 25, 2024 meeting and a note that the sexton will mail the abandoned‑cemetery policy to known cemetery volunteers and funeral homes so funeral directors understand the registration and permit requirements before making cemetery arrangements. The board discussed scheduling and agreed to meet again in April (a proposed date discussed was April 20, 2025, at 1 p.m.) to review follow‑up work and contract drafts.

The board adjourned after completing the agenda.