The legal steps for opening a cemetery include filing an application with the state's regulatory authority in charge of jurisdiction of cemeteries, explains the International Cemetery, Cremation and Funeral Association. The application process requires owners to submit proof of financial stability, business experience, legal entity filings and proof of deposits for an endowment care trust fund.
Business owners interested in opening a cemetery must provide proof to regulatory agencies that the cemetery site conforms with zoning ordinances, has been determined appropriate for cemetery purposes by local authorities, and is free of financial liens or encumbrances, according to the International Cemetery, Cremation and Funeral Association. The application should include a map of the site that displays divisions for headstone plots and gardens, as well as a legal description of the property.
Potential cemetery owners are required to develop suitable areas for interment of human remains prior to purchasing land, explains the International Cemetery, Cremation and Funeral Association. Applicants may need to complete property improvements, such as creating a new access road, to comply with local laws. Owners may also be required to provide proof to regulatory agencies that they have not been convicted of a felony or fraud before an application can be approved.