Disposal of cremains

[AnotherTenant]

What is the name of your state (only U.S. law)? TX

OK, I'm sure you're going to think I'm yanking your chain, but this really is a legitimate question. Also, I'm not sure I chose the right topic to post the question under, so I'll be pleased to move it if need be.

So, I need to know whether it would be illegal to bury someone's ashes on the grounds of a privately-owned health care facility. Would we be required to contain the ashes in a box or anything like that, or could we just dump them in a hole in the ground? Since it's private property but obviously used for public purposes (not sure exactly how to word that one, so I hope you get what I mean), are there any legal aspects that we would need to consider other than the simple "can we?" question?

Thanks in advance for any input.

 

[xylene]

For starters... do you have the explicit written permission of this "privately-owned health care facility"?

If no, then it is definitely illegal.



My opinon - unless this is all "for the good and legal" you should consider scattering these cremains in a legal place such as a remembrance garden or into a body of water where such scatterings are legal (like the ocean)

 

[tranquility]

My opinon - unless this is all "for the good and legal" you should consider scattering these cremains in a legal place such as a remembrance garden or into a body of water where such scatterings are legal (like the ocean)

The ocean isn't "legal", it's just that the rules are not that hard to comply with.

You also have to consider the plan up front. My wife wanted a viking's send off. At a party I was with friends and we were planning how to fire a boat and have everything sink to the bottom impressively. As we were talking, another friend, who is an attorney with some governmental oceanographic agency, came into a group. You could tell he about had a heart attack when he heard our plan.

 

[AnotherTenant]

For starters... do you have the explicit written permission of this "privately-owned health care facility"?

I apologize for not making myself clear. I am a representative of the health care facility. We have been asked by a patient to allow her remains to be buried on our grounds after her death, and are considering accommodating her request. We want to be sure we wouldn't be breaking any laws by doing so, and that there aren't any other legal ramifications that we haven't yet considered, before we even attempt to tackle the question of whether we want to allow it.

 

[xylene]

The ocean isn't "legal", it's just that the rules are not that hard to comply with.

Please note, I typed 'legal' not 'completely unregulated'. Your point is well taken, if this person wants a Roman cremation like that of Caesar in the film Cleopatra on the hospital campus... that is not workable.

I apologize for not making myself clear. I am a representative of the health care facility. We have been asked by a patient to allow her remains to be buried on our grounds after her death, and are considering accommodating her request. We want to be sure we wouldn't be breaking any laws by doing so, and that there aren't any other legal ramifications that we haven't yet considered, before we even attempt to tackle the question of whether we want to allow it.

Now that you have made it clear, I think you should say "NO" at least formally.

Burial is a no-no. Scattering much less so.

If this is your super-beloved best patient ever... and/or money is involved. Quietly allow her to be scattered in an unmarked way on some peaceful area of the grounds where no construction is planned... tell no one and make it no big deal. No hospital people involved, just her kin... and if it is an issue "Oh what have you done..." People are scattered all the time. Not a burial of an urn or unmarked grave. Goodness no. Think deniablity...

If tons of money are involved draft a legal brief.

 

[tranquility]

Please note, I typed 'legal' not 'completely unregulated'. Your point is well taken, if this person wants a Roman cremation like that of Caesar in the film Cleopatra on the hospital campus... that is not workable.

If you go online, you'll find that there are regulations far more intrusive than no Roman cremations. You'll find you have to either scatter under permit or sink with certain types of urns.

Of course, what happens, happens. While not a Roman cremation, in my case, there was still a boat and fire involved. With all the laws out there, probably a felony in some way. Oh well, just one of the many.

 

[commentator]

How about littering?

 

[OHRoadwarrior]

Remains are ashes, just as burned wood, etc.. are ashes. As long as the facility administrator has given permission, it should be legal to open the container and scatter the ashes into a hole. I suggest, to accommodate the sensitivities of anyone being privy to this, you select a point that will remain permanently undisturbed. Near a tree or bush, the base of a foundation. If in grass, wetting the area prior to scattering, will allow a rectangular area of the surface to be broken and the outer grass/roots removed intact. An area about 1-1/2 quarts deep/wide will suffice to scatter the ashes into. Dirt from the hole, can be put into a 5 gallon bucket. Allow about a 3 inch overage, when refilling the hole, leaving room to match/tuck the edges back evenly without dirt overflow. Place the rectangular section of grass back into place. Pour about 1 gallon of water onto the section of grass, focusing on the edges. Neatly press the section of grass back into place, working the seams to a smooth transition, without tearing the roots(by shoe will suffice). Within a week or so, the segment will be secure. After the first rain/watering excess dirt will wash away from the seam, leaving an invisible area. This can be a very fitting and endearing send off to a loved one, if the family can perform this themselves.

 

[tranquility]

Remains are ashes, just as burned wood, etc.. are ashes. As long as the facility administrator has given permission, it should be legal to open the container and scatter the ashes into a hole.

No, they're not.

 

[OHRoadwarrior]

Texas Health & Safety Code - Section 716.302. Disposition Of Cremated Remains - Texas Attorney Resources - Texas Laws

Texas Health & Safety Code - Section 716.304. Scattering Remains - Texas Attorney Resources - Texas Laws

I was correct OP. Here are the relevant laws.

 

[tranquility]

Remains are ashes, just as burned wood, etc.. are ashes. As long as the facility administrator has given permission, it should be legal to open the container and scatter the ashes into a hole.

And then gave some rubbish about how to bury something adequately. Can one scatter in a hole?

No, probably not. Well, you could if there were not deed or local ordinances prohibiting it and the owner allowed it. But, there is a big difference between scattering and burying. Scattering does not change the essence of the land. Burying makes the hospital a cemetery. If the googler wanted to discover the law, rather than pieces that he thinks makes his case, he'd start at the definitions at 711.001.

(2) "Cemetery" means a place that is used or intended to be used for interment, and includes a graveyard, burial park, mausoleum, or any other area containing one or more graves.

Hmm...it seems like OHRoadwarrior was not legally astute enough to tell the difference between a grave and a filled hole with ashes in the bottom.

 

[justalayman]

Ok, so much for the arguing.
part of Texas HS code 716.302

(e) A person may dispose of cremated remains only:

(1) in a crypt, niche, grave, or scattering area of a dedicated cemetery;

(2) by scattering the remains over uninhabited public land, sea, or other public waterways in accordance with Section 716.304; or

(3) on private property as directed by the authorizing agent with the written consent of the property owner in accordance with Section 716.304.

716.304

A person may scatter cremated remains over uninhabited public land, over a public waterway or sea, or on the private property of a consenting owner, if the remains are reduced to a particle size of one-eighth inch or less. Unless the container is biodegradable, the cremated remains must be removed from the container before being scattered.

so, if you read into that a very little bit, you can bury the remains on private property but the container must be biodegradable.

 

[tranquility]

That, of course, assumes there are no deed or local restrictions on the practice.

Um...I wonder if the hospital is zoned to be a cemetery? Also, I wonder if the hospital owner will agree to put a cemetery on his land. I mean, I'm sure that there won't be a problem with the movement of the cremains in a respectful manner if they need to do some work. (See Health and Safety code Sec. 711.004. REMOVAL OF REMAINS.)

Uh oh. Since the cemetery is not already established, 711.008 might come into play.

Sec. 711.008. LOCATION OF CEMETERY. (a) Except as provided by Subsections (b), (f), (g), and (k), an individual, corporation, partnership, firm, trust, or association may not establish or operate a cemetery, or use any land for the interment of remains, located:

(1) in or within one mile of the boundaries of a municipality with a population of 5,000 to 25,000;

(2) in or within two miles of the boundaries of a municipality with a population of 25,000 to 50,000;

(3) in or within three miles of the boundaries of a municipality with a population of 50,000 to 100,000;

(4) in or within four miles of the boundaries of a municipality with a population of 100,000 to 200,000; or

(5) in or within five miles of the boundaries of a municipality with a population of at least 200,000.

You don't have to read into anything to KNOW from the LEGAL DEFINITION in the statute that burying is not scattering.

In this chapter:

(1) "Burial park" means a tract of land that is used or intended to be used for interment in graves.

(1-a) "Campus" means the area:

(A) within the boundaries of one or more adjacent tracts, parcels, or lots under common ownership;

(B) on which the principal church building and related structures and facilities of an organized religious society or sect are located; and

(C) that may be subject to one or more easements for street, utility, or pipeline purposes.

(2) "Cemetery" means a place that is used or intended to be used for interment, and includes a graveyard, burial park, or mausoleum.

(3) "Cemetery organization " means:

(A) an unincorporated association of plot owners not operated for profit that is authorized by its articles of association to conduct a business for cemetery purposes; or

(B) a corporation, either for profit or not for profit, that is authorized by its articles of incorporation to conduct a business for cemetery purposes.

(4) "Cemetery purpose" means a purpose necessary or incidental to establishing, maintaining, managing, operating, improving, or conducting a cemetery, interring remains, or caring for, preserving, and embellishing cemetery property.

(5) "Columbarium" means a durable, fireproof structure, or a room or other space in a durable, fireproof structure, containing niches and used or intended to be used to contain cremated remains.

(6) "Cremated remains" means the bone fragments remaining after the cremation process, which may include the residue of any foreign materials that were cremated with the human remains.

(7) "Cremation" means the irreversible process of reducing human remains to bone fragments through extreme heat and evaporation, which may include the processing or the pulverization of bone fragments.

(8) "Crematory" means a structure containing a furnace used or intended to be used for the cremation of human remains.

(9) "Crematory and columbarium" means a durable, fireproof structure containing both a crematory and columbarium.

(10) "Crypt" means a chamber in a mausoleum of sufficient size to inter human remains.

(11) "Directors" means the governing body of a cemetery organization.

(12) "Entombment" means interment in a crypt.

(13) "Funeral establishment" means a place of business used in the care and preparation for interment or transportation of human remains, or any place where one or more persons, either as sole owner, in copartnership, or through corporate status, are engaged or represent themselves to be engaged in the business of embalming or funeral directing.

(14) "Grave" means a space of ground that is in a burial park and that is used or intended to be used for interment in the ground.

(15) "Human remains" means the body of a decedent.

(16) "Interment" means the permanent disposition of remains by entombment, burial, or placement in a niche.

(17) "Interment right" means the right to inter the remains of one decedent in a plot.

(18) "Inurnment" means the placement of cremated remains in an urn.

(19) "Lawn crypt" means a subsurface receptacle installed in multiple units for ground burial of human remains.

(20) "Mausoleum" means a durable, fireproof structure used or intended to be used for entombment.

(21) "Niche" means a space in a columbarium used or intended to be used for the placement of cremated remains in an urn or other container.

(22) "Nonperpetual care cemetery" means a cemetery that is not a perpetual care cemetery.

(23) "Perpetual care" or "endowment care" means the maintenance, repair, and care of all places in the cemetery.

(24) "Perpetual care cemetery" or "endowment care cemetery" means a cemetery for the benefit of which a perpetual care trust fund is established as provided by Chapter 712.

(25) "Plot" means space in a cemetery owned by an individual or organization that is used or intended to be used for interment, including a grave or adjoining graves, a crypt or adjoining crypts, a lawn crypt or adjoining lawn crypts, or a niche or adjoining niches.

(26) "Plot owner" means a person:

(A) in whose name a plot is listed in a cemetery organization's office as the owner of the exclusive right of sepulture; or

(B) who holds, from a cemetery organization, a certificate of ownership or other instrument of conveyance of the exclusive right of sepulture in a particular plot in the organization's cemetery.

(27) "Prepaid funeral contract" means a written contract providing for prearranged or prepaid funeral services or funeral merchandise.

(28) "Remains" means either human remains or cremated remains.

 

[OHRoadwarrior]

OHRoadwarrior is repeatedly wrong on the forums. There is little understanding in his posts and a lot of googling.

I clearly explained the consistency, procedure and law. Have you ever buried remains? I have. They are the consistency of wood ashes. In TX it does not need to be in a container. Read the law. You can scatter the ashes into a hole. Once you bury them, they will not be visible and not be required to be 1/8th inches or lower. You only need the permission of the property owner. So I was correct. I only googled and supplied links because I was questioned.

 

[tranquility]

I clearly explained the consistency, procedure and law. Have you ever buried remains? I have. They are the consistency of wood ashes. In TX it does not need to be in a container. Read the law. You can scatter the ashes into a hole. Once you bury them, they will not be visible and not be required to be 1/8th inches or lower. You only need the permission of the property owner.

The hilarious part is that right above your post, I pointed out the law on why you are wrong. Do you think people don't read all the posts?

So I was correct.

Cremains are not dirt. I have the consistency of Hugh Jackman. (Maybe a bit/lot softer.) Made out of almost exactly the same stuff too. I ain't him. Bury dirt, you have a filled hole. Bury cremains, you have a grave. Those are legally different things.