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Residents seek clarity as Rankin County explains private family cemetery rules
Summary
Residents raised concerns about a proposed family cemetery in a rural area; county planning staff said private family cemeteries require a recorded survey and chancery‑clerk filing and generally do not trigger public notice, while a commercial cemetery open to the public would require zoning review and public notice.
At a March 2 Rankin County supervisors meeting, residents urged county staff for clarity about a proposed cemetery in a rural area, and staff described the difference between a private family cemetery and a commercial cemetery subject to zoning.
“Basically trying to get a clear understanding about a cemetery being put in the area…we're basically opposing it,” said Wesley Mlenn Jr., who spoke during the public comment period. Resident Kyus Brown said the community has been on the land for more than a century and wanted transparency about any new cemetery operations.
County planning staff explained that a private family cemetery is not the same as a commercial cemetery. According to staff, a private family cemetery generally must be surveyed, the location recorded in land records, and an application filed with the chancery clerk; that process is designed to document the cemetery on the deed and land records but does not automatically trigger public notice. “They still have to do a survey…It actually goes in the land records as such,” a county planning staff member said.
By contrast, staff said, a commercial cemetery that is available to the public would be handled through normal zoning channels and require public notice and review. Staff also told the board there is no specific state statute governing the matter in Rankin County, leaving counties to apply local processes and land‑record protections.
County staff emphasized that private family plots are intended for bona fide family use; if a private cemetery later operates as a public cemetery, it would violate county policy and be subject to enforcement. Staff encouraged neighbors to help “police” misuse of the private‑family designation and said the county’s process is based partly on an honor system backed by recording requirements.
No formal application for a cemetery was on file at the time of the meeting, staff said; residents and planning staff were directed to the chancery clerk’s office and land‑records procedures for next steps.
