Title 5. Cemeteries — Subtitle 8. Miscellaneous Provisions
Statutes in effect as of October 1, 2026.
Md. Code Ann., Bus. Reg. § 5-801 (2026)
Title 5. Cemeteries
Subtitle 8. Miscellaneous Provisions
§ 5–801LinkCopy Citation
(a)
At the time of entering into a contract with a consumer for the sale of burial goods or services, registrants, permit holders, or any other person subject to the provisions of this title shall make the following written disclosures:
(1)
the itemized cost for each service performed under the contract;
(2)
a list of services incidental to burial that are not covered by the contract;
(3)
a statement regarding the cemetery’s policy on the use of independent monument companies; and
(4)
the name, address, and telephone number for the State Office of Cemetery Oversight.
(b)
(1)
The disclosures required under subsection (a)(1), (2), and (3) of this section shall be conspicuously incorporated in the contract in 12–point type.
(2)
The disclosure required under subsection (a)(4) of this section shall be on a form separate from the contract and must be separately signed and dated by the consumer.
(c)
The disclosure must be signed and dated by the consumer.
(d)
The consumer must be provided with a copy of the contract and a copy of the form required under subsection (b)(2) of this section at the time of purchasing the burial goods or services.
(e)
The disclosure shall occur:
(1)
not later than the first scheduled face–to–face contact with the purchaser or party representing the purchaser; or
(2)
if no face–to–face contact occurs, at the time of the execution of the contract by the purchaser or party representing the purchaser.
(f)
The Director, by regulation, may prescribe the form and wording of the disclosure.
(g)
If the purchase by the consumer includes a cemetery plot, the registered cemeterian, permit holder, or any other person subject to the provisions of this title shall provide the consumer with a copy of a location survey, performed by a licensed land surveyor, which indicates the location of the purchased plot within the cemetery, or by any other means approved by the Director.
(h)
Registrants, permit holders, or any other person subject to the provisions of this title shall provide each buyer or prospective buyer with a general price list for the buyer or prospective buyer to keep which shall include:
(1)
specific prices for:
(i)
ground opening and closing;
(ii)
extra depth interment;
(iii)
interment of cremated remains; and
(iv)
mausoleum entombment; and
(2)
general price ranges for burial space or burial goods.
Md. Code Ann., Bus. Reg. § 5-802 (2026)
Title 5. Cemeteries
Subtitle 8. Miscellaneous Provisions
§ 5–802LinkCopy Citation
(a)
Within 1,000 yards of Druid Hill Park:
(1)
a cemetery corporation may not allow burial or establish or maintain a cemetery; and
(2)
a person may not participate in any way in a burial in a cemetery of a cemetery corporation.
(b)
A person may not cause a funeral procession to or from a cemetery of a cemetery corporation to pass through Druid Hill Park without the written permission of the Department of Recreation and Parks.
(c)
A person who violates this section is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $100 or imprisonment not exceeding 10 days or both.
Md. Code Ann., Bus. Reg. § 5-804 (2026)
Title 5. Cemeteries
Subtitle 8. Miscellaneous Provisions
§ 5–804LinkCopy Citation
(a)
In this section, “perpetual care” has the meaning stated in § 5–601 of this title.
(b)
A registered cemeterian or permit holder that engages in the operation of a cemetery or burial goods business who sells or offers to sell to the public a burial lot or a burial right in a cemetery for pet remains as to which perpetual care is stated or implied owes a duty of perpetual care for the cemetery in which the pet remains are interred.
(c)
The Director shall adopt regulations in accordance with § 5–204(a) of this title to enforce the requirements of this section.
Md. Code Ann., Bus. Reg. § 5-805 (2026)
Title 5. Cemeteries
Subtitle 8. Miscellaneous Provisions
§ 5–805LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Abandoned cemetery” means a cemetery for which:
(i)
(1)
the organization established to engage in the operation of the cemetery has been terminated, has been subject to administrative dissolution by the State, or has otherwise ceased to exist; and
(2)
title has not been conveyed;
(ii)
there is no property owner listed in the records of the State Department of Assessments and Taxation;
(iii)
the property has been condemned; or
(iv)
no person who is legally responsible for the property can be found and legal ownership of the property cannot be determined.
(3)
“Fund” means the Abandoned and Neglected Cemeteries Fund.
(4)
“Neglected cemetery” means a cemetery for which:
(i)
two or more citations have been issued by a county or municipal corporation against the property for failure to maintain the property;
(ii)
the property has fallen into disrepair due to neglect and insufficient maintenance;
(iii)
the property has been the object of vandalism, loitering, or other criminal conduct; or
(iv)
there has been physical destruction or deterioration of the property.
(b)
There is an Abandoned and Neglected Cemeteries Fund.
(c)
The purpose of the Fund is to provide for the care, preservation, maintenance, and restoration of abandoned and neglected cemeteries in the State.
(d)
The Secretary shall administer the Fund.
(e)
(1)
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(2)
The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(f)
The Fund consists of:
(1)
money appropriated in the State budget to the Fund;
(2)
interest earnings; and
(3)
any other money from any other source accepted for the benefit of the Fund.
(g)
(1)
Money in the Fund may be used only for the costs of:
(i)
care, preservation, maintenance, and restoration of abandoned and neglected cemeteries;
(ii)
administering the Fund through distribution to an administrative cost account in the Department; and
(iii)
subject to paragraph (2) of this subsection, promoting donations to the Fund through distribution to a promotion cost account in the Department.
(2)
Not more than 5% of the net proceeds of the Fund may be used under paragraph (1)(iii) of this subsection.
(h)
(1)
The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
(2)
Any interest earnings of the Fund shall be credited to the Fund.
(i)
Expenditures from the Fund may be made only in accordance with the State budget.
(j)
Money expended from the Fund for the preservation, care, and maintenance of abandoned and neglected cemeteries is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for the Office of Cemetery Oversight.
(k)
The Governor may include in the annual budget bill an appropriation of $250,000 to the Fund.
(l)
On or before September 30 each year, the Secretary shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the administration of the Fund.
(m)
The report required under subsection (l) of this section shall include:
(1)
the gross amount of donations to the Fund;
(2)
a description of promotional efforts undertaken with money from the Fund; and
(3)
a detailed accounting of the use of the Fund.