Commission adopts resolution on private‑property burials after residents question state rules

The Anaconda‑Deer Lodge County Commission unanimously approved Resolution 24‑21, a local procedure intended to govern disposition and burial of persons on private property after an extended public comment period and clarification that the proposal largely reflects existing Montana law.

Janice Hagen, who spoke during public comment, asked the commission to reconsider specific provisions including minimum lot size, proximity to wells and structures, treatment of cremated remains and the requirement that burials occur within 48 hours. "I'm really looking at it's giving a lot of power to the county to, just say, well, we can remove people's bodies from the cemetery," Hagen said, urging the commission to consider long‑standing family plots and floodplain concerns.

County staff member Carl said the draft follows state requirements and common templates used by other Montana counties. "The state code checks out," he said, referring to Montana statutory guidance identified during the discussion.

Chairman Hart told the room the language in the resolution is intended to reflect Montana law and administrative rules; commissioners debated whether the local procedure should allow greater flexibility in narrow circumstances but ultimately voted to adopt the resolution as presented.

The vote was unanimous. Next steps noted during the meeting: the clerk's office will finalize the local procedure language in the county packet and post the adopted resolution for public access.

Provenance: First discussion appears at SEG 150; last related public comment and vote at SEG 412.