Chapter 65 Cemeteries
Article 1 - Care of Rural Cemeteries.
Article 2 - Care of Confederate Cemetery.
Article 3 - Cemeteries for Inmates of County Homes.
- § 65-5 County commissioners may establish new cemeteries
The boards of county commissioners of the various counties in the State are authorized and empowered to locate and establish new graveyards or cemeteries upon...
- § 65-6 Removal and reinterment of bodies
Whenever the county commissioners have established new graveyards or cemeteries, they are authorized and empowered to remove to such graveyards or cemeteries all bodies of...
Article 4 - Trust Funds for the Care of Cemeteries.
- § 65-7 Repealed by Session Laws 2007-118, s. 3, effective July 1, 2007
- § 65-8 Repealed by Session Laws 2007-118, s. 3, effective July 1, 2007
- § 65-9 Repealed by Session Laws 2007-118, s. 3, effective July 1, 2007
- § 65-10 Repealed by Session Laws 2007-118, s. 3, effective July 1, 2007
- § 65-11 Repealed by Session Laws 2007-118, s. 3, effective July 1, 2007
- § 65-12 Repealed by Session Laws 2007-118, s. 3, effective July 1, 2007
Article 5 - Removal of Graves.
Article 6 - Cemetery Associations.
Article 7 - Cemeteries Operated for Private Gain.
Article 7A - Funeral and Burial Trust Funds.
Article 8 - Municipal Cemeteries.
- § 65-37 Repealed by Session Laws 2007-118, s. 5, effective July 1, 2007, and applicable to all trusts created on or after that date
- § 65-38 Repealed by Session Laws 1969, c. 1279
- § 65-39 Repealed by Session Laws 2007-118, s. 5, effective July 1, 2007, and applicable to all trusts created on or after that date
- § 65-40 Repealed by Session Laws 2007-118, s. 5, effective July 1, 2007, and applicable to all trusts created on or after that date
Article 8A - Veterans Cemeteries.
- § 65-41 Land acquisition
The State may accept land for the establishment of not more than three veterans cemeteries. (1987, c. 183, s. 1.)
- § 65-42 Location of cemeteries
These veterans cemeteries may be located in those regions of the State with a high concentration of veterans including the 3rd, 7th and 11th United...
- § 65-43 Definitions
For purposes of this Article, the following definitions shall apply, unless the context requires otherwise: (1) "Honorable military service" means: a. Service on active duty,...
- § 65-43.1 Eligibility for interment in a State veterans cemetery
(a) The following persons are eligible for interment at a State veterans cemetery: (1) A qualified veteran. (2) The spouse, widow, or widower of a...
- § 65-43.2 Proof of eligibility
(a) The veteran, his survivors, or his legal representative shall furnish any evidence necessary to establish the eligibility of the veteran or the family member...
- § 65-43.3 Bars to eligibility
A veteran may not be interred in a State veterans cemetery under any of the following circumstances: (1) He was discharged or dismissed on the...
- § 65-43.4 Disinterment
(a) When a veteran fails to abide by his agreement to be interred in the same grave site as his previously interred eligible family member,...
- § 65-43.5 Reinterment
(a) The remains of a qualified veteran or the remains of an eligible family member may be moved to a State veterans cemetery for reinterment,...
- § 65-43.6 State veterans cemeteries cost
(a) There may be no charge for the grave site or the interment service of a qualified veteran. There may be a minimal charge, to...
- § 65-44 Days for burial
Notwithstanding any other provision of law, burial services shall be conducted at the Coastal Carolina State Veterans Cemetery and the Sandhills State Veterans Cemetery from...
- § 65-45 Reserved for future codification purposes
Article 9 - North Carolina Cemetery Act.
- § 65-46 Short title
This Article 9 may be cited as "North Carolina Cemetery Act." (1975, c. 768, s. 1.)
- § 65-47 Scope
(a) The provisions of this Article shall apply to all persons engaged in the business of operating a cemetery as defined herein, except cemeteries owned...
- § 65-48 Definitions
As used in this Article, unless otherwise stated or unless the context or subject matter clearly indicates otherwise: (1) "Bank of belowground crypts" means any...
- § 65-49 The North Carolina Cemetery Commission
There is hereby established in the Department of Commerce a North Carolina Cemetery Commission with the power and duty to adopt rules and regulations to...
- § 65-50 Cemetery Commission; members, selection, quorum
(a) Membership. The Cemetery Commission shall consist of nine members. The General Assembly shall appoint two members, one of whom shall be recommended by the...
- § 65-51 Principal office
The principal office of the Commission shall be in the City of Raleigh, North Carolina. Notice of all regular and special meetings of the Commission...
- § 65-52 Regular and special meetings
The Cemetery Commission shall meet at least once in each quarter and may hold special meetings at any time and place within the State at...
- § 65-53 Powers
In addition to other powers conferred by this Article, the Cemetery Commission shall have the following powers and duties: (1) The administrator shall be appointed...
- § 65-54 Annual budget of Commission; collection of funds
The Commission shall prepare an annual budget and shall collect the sums of money required for this budget from yearly fees and from any other...
- § 65-55 License; cemetery company
(a) No legal entity shall engage in the business of operating a cemetery company except as authorized by this Article and without first obtaining a...
- § 65-56 Existing companies; effect of Article
Existing cemetery companies at the time of the adoption of this Chapter shall continue in full force and effect and be granted a license but...
- § 65-57 Licenses for sales organizations, management organizations and brokers
(a) No legal entity shall engage in the business of a cemetery sales organization, a cemetery management organization or a cemetery broker except as authorized...
- § 65-58 Licenses for persons selling preneed grave space
(a) No person shall offer to sell preneed grave spaces, mausoleum crypts, niches, memorials, vaults or any other preneed cemetery merchandise or services under any...
- § 65-59 Application for a change of control; filing fee
A person who proposes to acquire control of an existing cemetery company, whether by purchasing the capital stock of the company, purchasing an owner's interest...
- § 65-60 Records
A record shall be kept of every burial in the cemetery of a cemetery company, showing the date of burial, name of the person buried,...
- § 65-60.1 Trustees; qualifications; examination of records; enforcement
(a) The term "corporate trustee" as used in this Article shall mean either a bank or trust company authorized to do business in North Carolina...
- § 65-61 Required trust fund for care and maintenance; remedy of Commission for noncompliance
No cemetery company shall be permitted to establish, or operate if already established, a cemetery unless provision is made for the future care and maintenance...
- § 65-62 Individual contracts for care and maintenance
At the time of making a sale or receiving the initial deposit hereunder, the cemetery company shall deliver to the person to whom such sale...
- § 65-63 Requirements for perpetual care fund
A cemetery company may not cause or permit advertising of a perpetual care fund in connection with the sale or offer for sale of its...
- § 65-64 Deposits to perpetual care fund
(a) Deposits to the care and maintenance trust fund must be made by the cemetery company holding title to the subject cemetery lands on or...
- § 65-65 Trust fund; financial reports
Within 60 days after the end of the calendar or fiscal year of the cemetery company, the trustee shall furnish adequate financial reports with respect...
- § 65-66 Receipts from sale of personal property or services; trust account; penalties
(a) It shall be deemed contrary to public policy if any person or legal entity receives, holds, controls or manages funds or proceeds received from...
- § 65-67 Applications for license
Applications for renewal license must be submitted on or before July 1 each and every year in the case of an existing cemetery company. Before...
- § 65-68 License not assignable or transferable
No license issued under G.S. 65‑67 shall be transferable or assignable and no licensee shall develop or operate any cemetery authorized by this Article under...
- § 65-69 Minimum acreage; sale or disposition of cemetery lands
(a) Each licensee shall set aside a minimum of 30 acres of land for use by said licensee as a cemetery, and shall not sell,...
- § 65-70 Construction of mausoleums and belowground crypts; trust fund for receipts from sale of preconstruction crypts; compliance requirements
(a) A cemetery company shall be required to start construction of that section of a mausoleum or bank of belowground crypts in which sales, contracts...
- § 65-71 Penalties
(a) Except as provided in this subsection, a person violating any provisions of this Article, of any order or rule promulgated under this Article, or...
- § 65-72 Burial without regard to race or color
(a) It shall be the public policy of the State that all cemetery companies or other legal entities conducting or maintaining public or private cemeteries...
- § 65-73 Validation of certain deeds for cemetery lots executed by suspended corporations
Any deed for a cemetery lot or lots which was executed prior to January 1, 1979, and which would have been valid if the charter...
Article 10 - Access to and Maintenance of Private Graves and Abandoned Public Cemeteries.
Article 11 - Minimum Burial Depth.
Article 12 - Abandoned and Neglected Cemeteries.
- § 65-85 Definitions
As used in this Article, the following terms mean: (1) Abandoned. Ceased from maintenance or use by the person with legal right to the real...
- § 65-86 Reserved for future codification purposes
- § 65-87 Reserved for future codification purposes
- § 65-88 Reserved for future codification purposes
- § 65-89 Reserved for future codification purposes
- § 65-90 Reserved for future codification purposes
- § 65-91 Money deposited with the clerk of superior court
For the maintenance and preservation of abandoned or neglected graves or abandoned or neglected cemeteries, any person, firm, or corporation may, by will or otherwise,...
- § 65-92 Separate record of accounts to be kept
It shall be the duty of the clerk of the superior court to keep a separate record for keeping account of the money deposited as...
- § 65-93 Funds to be kept perpetually
All money placed in the office of the superior court clerk in accordance with this Part shall be held perpetually, or until such time as...
- § 65-94 Investment of funds
Money placed in the office of the superior court clerk in accordance with this Part shall be invested in the same manner as is provided...
- § 65-95 Clerk's bond; substitution of bank or trust company as trustee
The official bond of the clerk of the superior court shall be liable for all such sums as shall be paid over to the clerk...
- § 65-96 Funds exempt from taxation
All money referred to in the preceding sections of this Part shall be exempt from all State, county, township, town, and city taxes. (1917, c....
- § 65-97 Reserved for future codification purposes
- § 65-98 Reserved for future codification purposes
- § 65-99 Reserved for future codification purposes
- § 65-100 Reserved for future codification purposes
- § 65-101 Entering public or private property to maintain or visit with consent
Any of the following persons, with the consent of the public or private landowner, may enter the property of another to discover, restore, maintain, or...
- § 65-102 Entering public or private property to maintain or visit without consent
(a) If the consent of the landowner cannot be obtained, any person listed in G.S. 65‑101(1), (2), or (3) may commence a special proceeding by...
- § 65-103 Reserved for future codification purposes
- § 65-104 Reserved for future codification purposes
- § 65-105 Reserved for future codification purposes
- § 65-106 Removal of graves; who may disinter, move, and reinter; notice; certificate filed; reinterment expenses; due care required
(a) The State of North Carolina and any of its agencies, public institutions, or political subdivisions, the United States of America or any agency thereof,...
- § 65-107 Reserved for future codification purposes
- § 65-108 Reserved for future codification purposes
- § 65-109 Reserved for future codification purposes
- § 65-110 Reserved for future codification purposes
- § 65-111 County commissioners to provide list of public and abandoned cemeteries
Each board of county commissioners shall have the following duties and responsibilities: (1) To prepare and keep on record in the office of the register...
- § 65-112 Appropriations by county commissioners
To encourage the persons in possession and control of the public cemeteries referred to in G.S. 65‑111 to take proper care of and to beautify...
- § 65-113 County commissioners to have control of abandoned public cemeteries; trustees
The county commissioners of the various counties are authorized to oversee all abandoned public cemeteries in their respective counties, to see that the boundaries and...
- § 65-114 Reserved for future codification purposes
- § 65-115 Reserved for future codification purposes
- § 65-116 Reserved for future codification purposes
- § 65-117 Reserved for future codification purposes
- § 65-118 Reserved for future codification purposes
- § 65-119 Reserved for future codification purposes
- § 65-120 Reserved for future codification purposes
- § 65-121 Reserved for future codification purposes
- § 65-122 Reserved for future codification purposes
- § 65-123 Reserved for future codification purposes
- § 65-124 Reserved for future codification purposes
- § 65-125 Reserved for future codification purposes
