# Business Regulation (GBR)

## Title 5. Cemeteries

### Subtitle 5. Cemetery Property

#### Section 5-505

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Cemetery owner" means:

    (i) a registered cemeterian;

    (ii) a permit holder under Subtitle 4 of this title; or

    (iii) an owner of a cemetery that is exempt from the registration and permitting requirements under Sec. 5-102 of this title.

  (3) "Person in interest" has the meaning stated in Sec. 14-121 of the Real Property Article.

(b) This section does not apply to:

  (1) except as otherwise provided in subsections (g) and (h) of this section, a religious organization that is a cemetery owner; or

  (2) property acquired by the Department of Transportation that is necessary for a public project in accordance with State or federal law.

(c)

  (1) A registered cemeterian or permit holder may not sell or transfer a cemetery, in whole or in part, to another person for a use other than as a cemetery without the approval of the Director.

  (2) The owner of a cemetery that is exempt from the registration and permitting requirements under Sec. 5-102 of this title may not sell or transfer the cemetery, in whole or in part, to another person without the approval of the Director.

(d) Before approving the sale or transfer of a cemetery under this section, the Director shall:

  (1) require a cemetery owner to submit to the Director:

    (i) an application under subsection (e) of this section;

    (ii) a completed preservation plan under subsection (f) of this section; and

    (iii) satisfactory evidence of completion of the public notice requirements under subsection (h) of this section; and

  (2) review and consider any public comments regarding the cemetery in accordance with subsection (i) of this section.

(e)

  (1) To request approval to sell or transfer a cemetery under subsection (c) of this section, a cemetery owner shall submit an application to the Director on the form that the Director provides.

  (2) In addition to any other information required on an application form, the form shall require:

    (i) the name and address of each cemetery owner;

    (ii) notice of the intent to sell or transfer the cemetery, in whole or in part;

    (iii) a description of the cemetery or part of the cemetery intended for sale or transfer, including the name, location, size, estimated number of human remains and pet remains interred in the cemetery, and number of unused or unsold burial sites;

    (iv) the name and contact information of any potential buyers or transferees of the cemetery, if known;

    (v) an agreement to submit a preservation plan in accordance with subsection (f) of this section; and

    (vi) a copy of the public notice required under subsection (h) of this section.

(f)

  (1) A cemetery owner shall, in consultation with the Director, develop a preservation plan for a cemetery that the cemetery owner intends to sell or transfer.

  (2) In developing the preservation plan under paragraph (1) of this subsection, the cemetery owner shall comply with subsection (g) of this section.

(g) Each cemetery owner, including a religious organization that is a cemetery owner, shall attempt to identify and contact:

  (1) any descendent or descendent community organization of an individual interred in the cemetery;

  (2) any individual or family who has purchased an unused plot in the cemetery; and

  (3) any person that has worked to maintain the abandoned cemetery.

(h)

  (1) Before a cemetery owner, including a religious organization that is a cemetery owner, may sell or transfer a cemetery under this section, the cemetery owner shall provide public notice of the cemetery owner's intent to sell or transfer the cemetery by:

    (i) publishing notice of the sale or transfer in a newspaper of general circulation in the county where the cemetery is located for 9 successive weeks;

    (ii) placing a written notice of intent to sell or transfer in the cemetery at a conspicuous location in full public view for not less than 60 days;

    (iii) providing notice to local genealogical and historical societies; and

    (iv) holding a public meeting at which public testimony must be offered.

  (2) A public notice required under paragraph (1) of this subsection shall include:

    (i) the address of the cemetery;

    (ii) the estimated size and number of human remains or pet remains interred in the cemetery;

    (iii) any available information about the cemetery from the State Department of Assessments and Taxation; and

    (iv) if available, the name of the last known owner of the cemetery.

(i) Before approving the sale or transfer of a cemetery under this section, the Director shall consider any public comments about the cemetery received by the cemetery owner at a public hearing under subsection (h)(1)(iv) of this section or by the Director, including:

  (1) whether the cemetery owner has considered the concerns of the descendant community, including:

    (i) reasons for the proposed sale or transfer and future plans for the property;

    (ii) whether the current location of the cemetery holds any cultural or historical significance;

    (iii) the cost of disinterment and reinterment of the human remains or pet remains in the cemetery and who should bear the cost; and

    (iv) where any human remains or pet remains disinterred from the cemetery would be relocated; and

  (2) whether the cemetery owner received other equivalent offers for purchase of the cemetery that may be less disruptive to the cemetery.

(j) The Director shall approve the sale or transfer of a cemetery or part of a cemetery under this section if:

  (1) the cemetery owner satisfies all the requirements of this section; and

  (2) the Director determines that it is in the interest of all the parties to sell or transfer the cemetery or part of the cemetery.

(k)

  (1) An action may be brought in accordance with the Maryland Rules and a court may pass judgment regarding the sale of a burial ground for another purpose if any party disputes the Director's decision under subsection (j) of this section.

  (2) An action under paragraph (1) of this subsection may be brought by:

    (i) a person with a burial right in the cemetery;

    (ii) a descendant community organization;

    (iii) a nonprofit organization that has a purpose of preserving the cemetery;

    (iv) a governmental unit with a financial, regulatory, or other interest in the property; or

    (v) a person in interest.

  (3) The owner of the property that includes the cemetery has the burden of proof in any proceeding regarding the disposition of the property and the cemetery.

(l) After hearing from any person described under subsection (k)(2) of this section who wishes to be heard on the proposed sale, transfer, or alternate use of the cemetery under subsection (k) of this section, the court shall:

  (1) allow the proposed sale, transfer, or alternate use of all or part of the cemetery;

  (2) prohibit the proposed sale, transfer, or alternate use of all or part of the cemetery; or

  (3) order an alternative disposition of the cemetery.

(m) If the court is satisfied that it is appropriate or would be in the interest of a person described in subsection (k)(2) of this section to sell the cemetery, the court shall:

  (1) pass a judgment for the sale of the cemetery on the terms and notice the court sets;

  (2) order that as much of the proceeds of the sale as necessary be used to pay the costs of removing any human remains in the cemetery, buying burial lots in another cemetery, and reburying the remains; and

  (3) distribute the remaining proceeds of the sale among the parties according to their interests.

(n) A judgment approving the sale of a cemetery conveys the title of the cemetery free of the claims of:

  (1) the owners of the cemetery; and

  (2) the holders of burial rights in the cemetery.

(o) If the court determines that the sale or transfer of a cemetery is inappropriate and not in the best interest of a person described in subsection (k)(2) of this section, the court shall:

  (1)

    (i) approve the transfer to a descendant community organization or other nonprofit organization that agrees to maintain and preserve the cemetery; and

    (ii) approve the price of the transfer, including a donation or nominal fee; or

  (2) order a negotiation between the owner of the cemetery and the person that wishes to acquire the cemetery.

(p) A court shall make all determinations required under this section for the disposition of a property that includes a cemetery not more than 6 months after the action under subsection (k)(2) of this section is served.

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Md. Code Ann., Bus. Reg. (as displayed at mgaleg.maryland.gov, October 16, 2026)