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Maryland: Burial Laws and Regulations
As in every other state of the United States of America, Maryland has laid down some rules regarding cremation, burial, or other forms of handling human corpses. The laws are placed there to ensure that these practices are carried out properly and with respect, cleanliness, and according to public health standards.
Burial Laws and Requirements
In Maryland, there can either be a burial, cremation, or donation of the remains to science. The state requires that there shall be no disposition of the remains until after a death certificate is issued. The death certificate is signed by a licensed physician or a medical examiner and submitted to the Maryland Department of Health. Lastly, before transporting or burying a body, a burial-transit permit must first be acquired.
Burial can be performed on private property, but it should only conform to the local zoning ordinances. People who want to perform private burial should meet their county or municipality and have them determine whether the ordinances are met in their specific place. Family cemeteries are generally supposed to be recorded and the existence of the site must be communicated to future owners.
Laws on Cremation-
Cremation in Maryland is carried out strictly for proper handling and documentation. A cremation cannot take place before 48 hours of death. It takes this period to process all permits, to make sure that there is no foul play involved, and a written authorization from the next of kin is also required. Licensed and very specific operational guidelines must be followed by a crematory. All cremations must be documented in detail.
Scattering of ashes is legal in Maryland but is prohibited with certain restrictions. There are instances where ashes are allowed to be scattered by permission of the owner privately or with proper permission through public areas. Many prefer that ashes be scattered at sea and, therefore, must satisfy federal regulations under the Clean Water Act, which dictates scattering to be at a distance of at least three nautical miles from land.
Funeral and Cemetery Regulations-
Embalming is not required under Maryland law unless the body will be transported across state lines or not buried or cremated within 48 hours. Refrigeration is usually an acceptable alternative to embalming. Families are allowed to make their own funeral arrangements, but most people choose to work with licensed funeral homes. Funeral homes and directors in Maryland must meet the state's licensing requirements and follow certain consumer protection laws regarding pricing and disclosures.
Cemeteries are governed by state and local laws in Maryland. If a cemetery provides perpetual care, or long-term maintenance, it must have a trust fund to pay for such ongoing care. It is wise to read the cemetery's rules, fees, and maintenance policies before purchasing a burial plot. Maryland law also requires that these details be disclosed up front to consumers.
Environmental and Green Burials
With increasing interest in greener burial options, Maryland allows green burials under certain conditions. The green burials involve the burial of the body without the use of embalming fluids, metal casket, or concrete vaults. There are various cemeteries in Maryland that are certified for green burials, and private property burials may be allowed if the local ordinances are met.
Conclusion
Maryland's burial laws balance individual preferences with public health and safety concerns. Understanding these regulations ensures that all final arrangements are carried out legally and respectfully. Whether choosing traditional burial, cremation, or a green burial, individuals and families should consult local authorities and professional services to navigate the legal requirements and make informed decisions.
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