New Jersey Annotations
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Protection of Burials
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Acts Prohibited by Law and Subject to Criminal Sanctions
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What is the criminal liability for unlawfully excavating human remains or archaeological resources?
While there is no statute dealing with the unlawful excavation of human remains or archaeological resources per se, it is a second-degree offense to unlawfully disturb, move, or conceal human remains. § 2C:22-1.
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What is the criminal liability for unlawfully selling or purchasing human remains and funerary objects?
Although there is no particular statute for unlawfully selling or purchasing human remains and funerary objects, generally, human remains and funerary objects can be considered movable property and therefore a person is guilty of theft if he unlawfully transfers human remains or funerary objects with the purpose of benefiting himself or another who is not entitled to possession either. § 2C:20-3(a).
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What is the criminal liability for unlawfully taking or possessing human remains and funerary objects?
Although there is no particular statute for unlawfully taking or possessing human remains and funerary objects, generally, human remains and funerary objects can be considered movable property and therefore a person is guilty of theft if he unlawfully transfers human remains or funerary objects with the purpose of benefiting himself or another who is not entitled to possession either. § 2C:20-3(a). Also, if human remains are stolen, it is considered theft of the second degree, unless the remains are stolen by deception or falsification of a document by which a gift of part of a human body was to be made, then it is a crime of the first degree. § 2C:20-2(e).
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What is the criminal liability for unlawfully disturbing human remains and funerary objects?
It is a crime of third-degree criminal mischief to tamper with a grave, crypt, mausoleum or other site where human remains are stored or interred, with the purpose to desecrate, destroy or steal human remains. § 2C:17-3(a)(6). It is a second-degree offense to unlawfully disturb, move, or conceal human remains. § 2C:22-1(a)(1). It is also a second degree offense to unlawfully desecrate, damage or destroy human remains. 'Desecrate' means to deface, damage or pollute. § 2C:22-1(a)(2). Finally, it is a second degree offense if an actor commits an act of sexual penetration or sexual contact upon human remains. § 2C:22-1(a)(3). See § 2C:14-1 for definitions of sexual penetration and sexual contact.
A person commits an offense of the third degree if he purposely or knowingly fails to dispose of human remains in a manner required by law. § 2C:22-1(b).
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What is the criminal liability for defacing or destroying historical or archaeological sites?
A person commits a disorderly persons offense if he purposely desecrates any public monument, insignia, symbol, or structure, or place of worship or burial. 'Desecrate' means defacing, damaging or polluting. NJ 2C:33-9.
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What is the criminal liability for unlawfully reproducing historic or archaeological artifacts?
We are unable to locate material relevant to this question at this time.
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What is the criminal liability for unlawfully destroying tombs, monuments, or gravestones?
It is a crime of third-degree criminal mischief to tamper with a grave, crypt, mausoleum or other site where human remains are stored or interred, with the purpose to desecrate, destroy or steal human remains. § 2C:17-3(a)(6).
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What is the criminal liability for unlawfully taking or possessing monuments or gravestones?
There is no particular statute for unlawfully taking or possessing monuments or gravestones; however, monuments and gravestones are considered movable property and therefore a person is guilty of theft if he unlawfully transfers monuments or gravestones with the purpose of benefitting himself or another who is not entitled to possession either. § 2C:20-3(a).
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What is the criminal liability for destroying or damaging petroglyphs and cave surfaces?
There is no New Jersey statute dealing with the destruction of petroglyphs and cave surfaces per se, but if it is considered to be a public monument, insignia, symbol or structure, or place of worship or burial, then a person commits a disorderly persons offense if he unlawfully desecrates the petroglyphs and cave surfaces. 'Desecrate' means defacing, damaging or polluting. § 2C:33-9.
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What specific laws restrict the alienation or use of historic burial places?
We are unable to locate material relevant to this question at this time.
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What is the criminal liability for removing or damaging headstones?
A person is guilty of theft if he removes or exercises control over a headstone, headstone marker, flag, or flag holder from a gravesite. The definition of flag includes, but is not limited to, an American flag. Notwithstanding other provisions for fines and restitution, a person who commits a theft from a grave site shall be liable for a fine up to $1,000.00 for each headstone, headstone marker, flag or flag holder removed and shall receive a term of community service of up to 30 days. § 2C:20-2.3.
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What are the general state criminal laws for abuse of corpse?
It is a second-degree offense to unlawfully disturb, move, or conceal human remains. § 2C:22-1(a)(1). It is also a second degree offense to unlawfully desecrate, damage or destroy human remains. 'Desecrate' means to deface, damage or pollute. § 2C:22-1(a)(2). Finally, it is a second degree offense if an actor commits an act of sexual penetration or sexual contact upon human remains. § 2C:22-1(a)(3). See § 2C:14-1 for definitions of sexual penetration and sexual contact.
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What other general state criminal laws affect human remains and burial places?
We are unable to locate material relevant to this question at this time.
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What are the general state criminal laws for theft?
Theft constitutes a crime of the first degree if human remains are stolen by deception or falsification of a document by which a gift of all or part of a human body can be made pursuant to the Revised Uniform Anatomical Gift Act as defined by § 26:6-77. Theft is also a crime of the first degree if human remains are taken by extortion as defined in § 2C:20-5. § 2C:20-2.
Theft constitutes a crime of the second degree if the amount involved is $75,000.00 or more, the property is taken by extortion as defined in § 2C:20-5. § 2C:20-2.
Theft constitutes a crime of the third degree if the amount involved exceeds $500.00 but is less than $75,000.00, the property stolen is a firearm, motor vehicle, vessel, boat, horse, domestic companion animal or airplane, it is from the person of the victim, it is in breach of an obligation by a person in his capacity as a fiduciary, it is by threat not amounting to extortion, it is of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant. § 2C:20-2.
Theft constitutes a crime of the fourth degree if the amount involved is at least $200.00 but does not exceed $500.00. § 2C:20-2.
Theft constitutes a disorderly persons offense if the amount involved was less than $200.00. § 2C:20-2.
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What are the general state criminal laws for receiving stolen property?
'Receiving' means acquiring possession, control or title, or lending on the security of the property. A person is guilty of theft if he knowingly receives or brings into New Jersey movable property of another knowing that it has been stolen, or believing that it is probably stolen. The requisite knowledge or belief is presumed of a person who, is found in possession or control of two or more items of property stolen on two or more separate occasions; or has received stolen property in another transaction within the year preceding the transaction charged; or being a person in the business of buying or selling property of the sort received, acquires the property without having ascertained by reasonable inquiry that the person from whom he obtained it had a legal right to possess and dispose of it. It is an affirmative defense that the property was received with purpose to restore it to the owner. § 2C:20-7.
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What are the general state criminal laws for unlawful trespass?
A person commits criminal trespass if he, knowing that he is not licensed or privileged to do so, enters or surreptitiously remains in any research facility, structure, or separately secured or occupied portion thereof. It can be a crime of the fourth degree, depending on location. Generally, unlawful trespass is a petty disorderly persons offense if, knowing that he is not licensed or privileged to do so, enters or remains in any place as to which notice against trespass is given by actual communication to the actor, posting in a manner prescribed by law or reasonably likely to come to the attention of intruders, or fencing or other enclosure manifestly designed to exclude intruders.§ 2C:18-3.
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What are the general state criminal laws for mischief?
A person is guilty of criminal mischief if he purposefully or knowingly damages tangible property of another; or recklessly or negligently damages tangible property of another in the employment of fire, explosives or other dangerous means listed in § 2C:17-2; or if he purposefully, knowingly or recklessly tampers with tangible property of another so as to endanger a person or property. Criminal mischief is a crime of the third degree if the actor purposely or knowingly causes pecuniary loss of $2,000.00 or more, or if the actor tampers with a grave, crypt, mausoleum or other site where human remains are stored or interred, with the purpose to desecrate, destroy or steal such human remains or any part thereof. Criminal mischief is a crime of the fourth degree if the actor causes pecuniary loss between $500.00 and $2,000.00. Criminal mischief is a disorderly persons offense if the actor causes pecuniary loss of $500.00 or less. A person convicted of criminal mischief that involves an act of graffiti may, in addition to any other penalty imposed by the court, be required to pay the owner of the damaged property monetary restitution in the amount of the pecuniary damage caused by the act, and may also be required to perform community service, which may include removing the graffiti from the property. If community service is ordered, it shall be for either not less than 20 days or not less than the number of days necessary to remove the graffiti from the property. See § 2C:17-3.
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What are the general state criminal laws for damage to property?
Liability depends on the offense committed and the amount of damage. A person is guilty of aggravated arson (a second-degree offense), arson (a third degree offense), or failing to control or report a dangerous fire (a fourth-degree offense) depending on the intent of the actor and the place damaged. § 2C:17-1 . A person may also be guilty of causing or risking widespread injury or damage depending on their activity. This crime may be of the second, third or fourth degree depending on the actorís intent and nature of the offense. § 2C:17-2 . A person may also be guilty of criminal mischief, which may be a crime of the third or fourth degree depending on the amount of damage, the type of damage and the intent of the actor. § 2C:17-3.
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What are the general state criminal laws for hate crimes?
A person is guilty of bias intimidation if he commits, attempts to commit, conspires with another to commit, or threatens the immediate commission of numerous offenses listed in the New Jersey Code of Criminal Justice with the purpose to or knowing that his conduct will intimidate an individual or group of individuals because of race, color, religion, gender, disability, sexual orientation, gender identity, expression, national origin or ethnicity. Typically, bias intimidation is a crime one degree higher than the most serious degree of the underlying crime. Conviction may result in imprisonment, fines or additional penalties depending on the nature of the underlying crime. § 2C:16-1.
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Acts Prohibited by Law and Subject to Civil or Administrative Sanctions
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How is the excavation of historical and archaeological resources restricted in this state?
Generally, excavation and exploration for historical and archeological findings must be conducted in the least destructive manner possible. Excavation and exploration are generally prohibited except where there is permission from the respective landowner. For State park or forest property see § 13:1L-10. For wildlife management areas, see § 23:7-1.2. For public reservoir lands, see § 58:4-14 . For lands owned by counties, municipalities, or political subdivisions thereof, see § 40:10D-2. For lands or rights of way owned by certain transportation authorities, see § 27:5J-1.
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How is the collection or removal of historical and archaeological resources restricted in this state?
Collection or removal of historical and archaeological resources are generally prohibited except where there is permission from the respective landowner. For State park or forest property see § 13:1L-10. For wildlife management areas, see § 23:7-1.2. For public reservoir lands, see § 58:4-14 . For lands owned by counties, municipalities, or political subdivisions thereof, see § 40:10D-2. For lands or rights of way owned by certain transportation authorities, see § 27:5J-1.
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What specific laws restrict the alienation or use of historic burial places?
We are unable to locate material relevant to this question at this time.
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Time Limits for Bringing Criminal Action
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What time limits govern the initiation of a criminal action related to the protection of burials?
A prosecution for a crime must be commenced within five years after it is committed. A prosecution for a disorderly persons offense or petty disorderly persons offense must be commenced within one year after it is committed. § 2C:1-6
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Time Limits for Bringing Civil Action
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What time limits govern the initiation of a civil action related to the protection of burials?
The relevant statute of limitations for bringing a civil action to court may vary greatly depending on the offense. For injury to personal property, trespass, and conversion, the statute of limitations is 6 years. § 2A:14-1
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Laws Affecting Public Lands
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What criminal laws affect protection of burials on public lands?
A person commits a disorderly persons offense if he purposely desecrates (defaces, damages, or pollutes) any public monument, insignia, symbol, or place of worship or burial. § 2C:33-9
See also section 1.A.
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What civil laws affect protection of burials on public lands?
Those who unlawfully excavate archaeological resources may be subject to civil penalties between $750 and $1,500 for the first offense, between $1,500 and $3,000 for the second offense, and between $3,000 and $5,000 for any subsequent offense. For findings on State park or forest property see § 13:1L-10. For findings on wildlife management areas, see § 23:7-1.2. For findings on public reservoir lands, see § 58:4-14 . For findings on lands owned by counties, municipalities, or political subdivisions thereof, see § 40:10D-2. For findings on lands or rights of way owned by certain transportation authorities, see § 27:5J-1.
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What administrative laws affect protection of burials on public lands?
We are unable to locate material relevant to this question at this time.
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Laws Affecting Private Lands
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What criminal laws affect protection of burials on private lands?
See section I.A.
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What civil laws affect protection of burials on private lands?
Those who unlawfully excavate archaeological resources may be subject to civil penalties between $750 and $1,500 for the first offense, between $1,500 and $3,000 for the second offense, and between $3,000 and $5,000 for any subsequent offense. For findings on State park or forest property see § 13:1L-10. For findings on wildlife management areas, see § 23:7-1.2. For findings on public reservoir lands, see § 58:4-14 . For findings on lands owned by counties, municipalities, or political subdivisions thereof, see § 40:10D-2. For findings on lands or rights of way owned by certain transportation authorities, see § 27:5J-1.
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What administrative laws affect protection of burials on private lands?
We are unable to locate material relevant to this question at this time.
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Sanctions
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Criminal
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What are the general criminal fines and penalties for misdemeanors and felonies in the state?
New Jersey differentiates between 'crimes' and 'disorderly persons offenses.' Crimes are offenses defined by the New Jersey Code of Criminal Justice or any other New Jersey State statute for which violators can be imprisoned for more than 6 months, while disorderly persons offenses carry a maximum prison sentence of 6 months. Crimes are designated as being of the first, second, third, or fourth degree. Third degree crimes are also known as 'high misdemeanors,' and fourth degree crimes are also known as 'misdemeanors.' If no degree is specified in the definition of the offense, then the offense is one of the fourth degree. Disorderly persons offenses are broken into disorderly persons offenses and petty disorderly persons offenses. § 2C:1-4.
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What are the class designations for misdemeanors and felonies in the state?
Conviction of a crime of the first degree may be punishable by a prison term of 10 to 20 years and a fine not exceeding $200,000.
Conviction of a crime of the second degree may be punishable by a prison term of 5 to 10 years and by a fine not exceeding $150,000.
Conviction of a crime of the third degree (high misdemeanor) may be punishable by a prison sentence of 3 to 5 years and by a fine not exceeding $15,000.
Conviction of a crime of the fourth degree (misdemeanors) may be punishable by a prison sentence not exceeding 18 months and by a fine not exceeding $10,000.
Conviction of a disorderly persons offense may result in imprisonment not exceeding 6 months and a fine not exceeding $1000.
Conviction of a petty disorderly persons offense may result in imprisonment not exceeding 6 months and a fine not exceeding $500.
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Civil or Administrative
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What are the civil sanctions related to burial protection in the state?
If the officers of a cemetery association or undertaker fail, in the case of a body transported into New Jersey for interment or cremation, to make a due and diligent inquiry into the deceased personís background to ascertain whether or not they are a war veteran may be subject to a penalty of $50 to be recovered in a civil action in the name of the supervisor of the veteransí interment of the county where the violation occurs. § 26:6-4.2
Those who unlawfully excavate archaeological resources may be subject to civil penalties between $750 and $1,500 for the first offense, between $1,500 and $3,000 for the second offense, and between $3,000 and $5,000 for any subsequent offense. For findings on State park or forest property see § 13:1L-10. For findings on wildlife management areas, see § 23:7-1.2. For findings on public reservoir lands, see § 58:4-14 . For findings on lands owned by counties, municipalities, or political subdivisions thereof, see § 40:10D-2. For findings on lands or rights of way owned by certain transportation authorities, see § 27:5J-1.
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What are the administrative sanctions related to burial protection in the state?
We are unable to locate material relevant to this question at this time.
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Preservation of Burials and Compliance Therewith
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Laws Related to Preservation of Burials
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What are the time limitations for bringing a civil action related to the preservation of burials to court?
The relevant statute of limitations for bringing a civil action to court may vary greatly depending on the offense. For injury to personal property, trespass, and conversion, the statute of limitations is 6 years. § 2A:14-1
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How are future interests in property involving burials subject to the rule against perpetuities?
The rule against perpetuities does not exist in New Jersey. § 46:2F-9.
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How can the state exercise eminent domain over a cemetery or historic property?
Under Art. 1, § 1 of the New Jersey Constitution, private property shall not be taken for public use without just compensation paid to the owners. Generally, the State shall note use the power of eminent domain to acquire lands for recreation and conservation purposes without approval by both Houses of the Legislature; however, the State may use its power of eminent domain to the extent necessary to establish a value for lands to be acquired from a willing seller for recreation and conservation purposes using constitutionally dedicated moneys. § 13:8C-28. The New Jersey Historic Sites Commission has the power to exercise eminent domain over any areas, properties, or lands that it deems should be acquired, preserved and maintained for the use, education and pleasure of the people of New Jersey. § 28:1-5. Similarly, a county may acquire land for the purposes of serving as a cemetery. § 44:4-119. Also, the Garden State Preservation Trust may exercise the StateíFor other information on the exercise of eminent domain in New Jersey, see Title 20 of the New Jersey State Code.
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How are conservation and preservation easements created in this state?
A conservation restriction or an historic preservation restriction may be acquired by the Commissioner of Environmental Protection in the name of State, or by any local unit, or by any charitable conservancy in the State. Generally, they may be acquired by purchase, gift, or devise. The State or local unit may also acquire by condemnation. § 13:8B-3.
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How does the state create authorized rights-of-way through cemetery property?
We are unable to locate material relevant to this question at this time.
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To what extent are burial grounds and cemeteries open to the public in this state?
We are unable to locate material relevant to this question at this time.
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How are the transfer of cemetery lots and the disposition of cemetery land regulated?
A cemetery may lease or transfer any land or interest in land dedicated to cemetery purposes if:
it has not conveyed any part of the land as graves;
it determines that the land or the interest in the land to be transferred is not suitable for burial purposes or it determines that the land to be leased will not be necessary for burial purposes during the term of the lease; and
the land is owned by a cemetery company and the board approves the transaction as made in food faith or for fair consideration.
The cemetery may transfer land in which any person has acquired a right of burial if:
The cemetery either refunds to the person who has the right of burial the amount paid for the right or conveys substantially similar graves in the cemetery; and
The land is owned by a cemetery company and the board approves the transaction as made in good faith and fair consideration
A cemetery may transfer land in which human remains have been buried only if the cemetery:
Receives consent from the owner and each grave in which human remains have been buried or an order from the Superior Court to remove the human remains;
Removes the human remains and reburies them in substantially similar graves in the cemetery or in another cemetery and assumes the responsibility and expense for removal and reburial
Removes and property of the owner from the grave and gives it to the owner; and
If owned by a cemetery company, obtains the written consent of the board.
See § 45:27-34.
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How will the state regulate or sell unsuitable or condemned cemetery property?
A cemetery may lease or transfer any land or interest in land dedicated to cemetery purposes if:
it has not conveyed any part of the land as graves;
it determines that the land or the interest in the land to be transferred is not suitable for burial purposes or it determines that the land to be leased will not be necessary for burial purposes during the term of the lease; and
the land is owned by a cemetery company and the board approves the transaction as made in food faith or for fair consideration.
The cemetery may transfer land in which any person has acquired a right of burial if:
The cemetery either refunds to the person who has the right of burial the amount paid for the right or conveys substantially similar graves in the cemetery; and
The land is owned by a cemetery company and the board approves the transaction as made in good faith and fair consideration
A cemetery may transfer land in which human remains have been buried only if the cemetery:
Receives consent from the owner and each grave in which human remains have been buried or an order from the Superior Court to remove the human remains;
Removes the human remains and reburies them in substantially similar graves in the cemetery or in another cemetery and assumes the responsibility and expense for removal and reburial
Removes and property of the owner from the grave and gives it to the owner; and
If owned by a cemetery company, obtains the written consent of the board.
If the transfer of land results from condemnation, the responsibility and expense for removal and reburial shall be borne by the condemnor, not by the cemetery.
See § 45:27-34.
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What is the procedure for abandoning burial grounds or cemetery lots?
We are unable to locate material relevant to this question at this time; however, the governing body of a municipality may apply to the Superior Court for an order vesting title in the municipality to any abandoned cemetery. § 40:60-25.61.
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What is the procedure for removing or replacing headstones?
A person is guilty of theft if he unlawfully removes or replaces a headstone. § 2C:20-2.3. When a cemetery has been acquired, the board or body in control of the cemetery finances or the board of education may provide for the disinterment of bodies buried in the cemetery for the purposes of removal and reburying them in another cemetery. It may also remove the headstones and replace them in the new cemetery. § 40:60-25.40. A cemetery company may remove a headstone for safety reasons. Before removal, the company shall take photographs of the memorial and its condition and retain them in its permanent records. Within 30 days after the removal, the company shall notify the interment space owner in writing of the removal. § 45:27-24
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How will the state preserve historical or archaeological resources threatened by public construction or public works?
Once a site is on the New Jersey Register of Historic places, it is protected from endangerment by Federal or State action without exhaustive environmental review and hearings. The site may not be encroached upon, damaged or destroyed, without prior written consent of the Commissioner of Environmental Protection, who must ask the Historic Sites Council for advice and recommendations. § 13:1B-15.131
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What are the procedures for excavating or removing remains or archaeological resources on public lands?
The governing body of any municipality may create an ordinance devoting public lands to any public purpose or any purpose for which the land is best adapted. In doing so, the ordinance shall provide for the removal of any human remains interred there and provide for their interment in a proper burial place where they are protected and suitably marked. § 40:60-41. Also, no person may remove archaeological findings on lands owned by a county, municipality, or political subdivision thereof without written permission from the respective county, municipality, or political subdivision. § 40:10D-2. The Commissioner may relocate cemeteries by the construction of State flood control projects. § 58:16A-6
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What are the procedures for excavating or removing remains or archaeological resources on private lands?
No person may alter, deface, destroy, disturb, or remove any archaeological findings on any lands or rights of way owned on private land. If findings are made on property or rights of way that are privately owned by someone other than the finder, then the owner may require that all excavation and exploration of archaeological findings be conducted in the least destructive manner possible. If a person is found to be in violation, then certain criminal penalties apply depending on the nature of the offense and whether the violator is a repeat offender. For findings on State park or forest property see § 13:1L-10. For findings on wildlife management areas, see § 23:7-1.2. For findings on public reservoir lands, see § 58:4-14 . For findings on lands owned by counties, municipalities, or political subdivisions thereof, see § 40:10D-2. For findings on lands or rights of way owned by certain transportation authorities, see § 27:5J-1.
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What are the procedures for discoveries of human remains and artifacts of cultural significance?
All discovered human remains must be delivered to the appropriate county medical examiner. The county medical examiner must notify the Missing Persons Unit of the location of the remains if they cannot be identified within 24 hours or if the examiner cannot determine whether the remains are human. § 52:17B-219
We are unable to locate material relevant to the discovery of artifacts of cultural significance at this time.
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What are the procedures for the disposition of human remains and funerary artifacts?
All discovered human remains must be transferred to the appropriate county medical examiner. § 52:17B-219
If a decedent, in his will as defined in § 3B:1-2 to control the funeral and disposition of their remains, the disposition of the remains shall be in accordance with the instructions in the will. The funeral and disposition may occur prior to the probate of the will. If the decedent has not left a will appointing a person to control the funeral and disposition of the remains, the right to control the funeral and disposition of the human remains shall be in the following order, unless other directions have been given by a court of competent jurisdiction: (1) the surviving spouse of the decedent or the surviving domestic partner; (2) a majority of the surviving adult children of the decedent; (3) the surviving parents or parents of the decedent; (4) a majority of the brothers and sisters of the decedent; (5) other next of kin of the decedent according to the degree of consanguinity; (6) If there are no known living relatives, a cemetery may rely on the written authorization of any other person acting on behalf of the decedent. § 45:27-22. A cemetery may permit the disposition of human remains on the authorization of a funeral director handling arrangements for the decedent, or on the written authorization of the person who claims to be, and is believed to be, a person who has the right to control the disposition. The cemetery shall not be liable for disposition pursuant to this authorization unless it had reasonable notice that the person did not have the right to control the disposition. § 45:27-22.
Whenever a dead body is transported from outside of New Jersey into the State, they person in charge of the premises where the interment or cremation will occur must make a diligent inquiry in order to determine whether the deceased person was a World War II veteran declared eligible for federal veteransí benefits by the United States Depeartment of Defense. § 26:6-4.2.
Transportation by common carrier
Common carriers may not transfer any dead body of any person who has died of smallpox, Asiatic cholera, yellow fever, typhus fever or bubonic plague unless the body is inclosed in a hermetically sealed casket and a license for such transportation has been first obtained in writing from the State Department. § 26:6-23
The State Department may make any rule prescribing the manner in which a dead body, intended to be transported by a common carrier across or within New Jersey, shall be disinfected, embalmed, or incased. § 26:6-24
A permit is required for the shipment of a dead body by common carrier within or to any point outside of New Jersey. The permit is issued by the local registrar in the district in which the death occurred and must conform with § 26:6-25 and § 26:6-26.
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What are the procedures for the removal and re-interment of human remains from cemeteries?
Generally, human remains shall not be removed from an interment space unless (1) the surviving spouse, adult children and the owner of the interment space authorize removal in writing; (2) removal is authorized by a State disinterment permit issued by the local board of health; and (3) the cemetery finds that removal is feasible.
No disinterment permit is required for (1) the temporary removal or repositioning of vaulted human remains to allow for the deepening of an interment space within the same lot; (2) for the transfer of temporarily stored remains from the place of temporary storage to the place of final interment within the same cemetery; or (3) for the removal of cremated human remains as long as prior consent is obtained from the interment space owner and the person having the right to control the removal of the decedentís remains.
Human remains buried on property that is not part of a cemetery may be removed by the owner of the property provided that removal is in compliance with applicable law and the remains are then properly reburied.
For this and more information, see § 45:27-23
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How does the state regulate the opening and construction of highways through burial grounds or cemeteries?
In the case of historic property, a conservation restriction or an historic preservation restriction may be acquired by the Commissioner of Environmental Protection to protect the property. § 13:8B-3.
We are unable to locate information beyond that at this time, especially as in the case of property that is not protected by a conservation restriction.
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How does the state identify, preserve, and control Native American sacred sites?
We are unable to locate specific statutes at this time that help New Jersey to identify, preserve and control Native American sacred sites. However, the Indian Affairs Commission develops programs and projects relating to the cultural, educational and social development of New Jerseyís American Indian communities; develops programs and projects which further understanding of New Jerseyís American Indian history and culture, promotes increased cooperation among all American Indian communities in the State, serves as a Statewide reference and resource center to increase public knowledge of New Jerseyís American Indian heritage, acts as a liaison among American Indian communities, the State and federal governments, and educational, social and cultural institutions, and is authorized to raise funds, through direct solicitation or other fund raising events, alone or with other groups, and accept gifts, grants, and bequests from individuals, corporations, foundations, governmental agencies, public and private organizations and institutions, to defray the commissionís administrative expenses and carry out the duties above. When requested by the Governor, the commission assists the Legislature or Governor to investigate the authenticity of any organization, tribe, nation or other group seeking official recognition by the State as an American Indian tribe. § 52:16A-53.
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How does the state preserve historical lands from surface mining?
We are unable to locate material relevant to this question at this time.
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What are the procedures for the exploration of submerged graves and underwater sites?
Exploration of submerged graves and underwater sites requires a permit issued by the commissioner. § 13:9A-4
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How is activity affecting aquatic beds regulated?
Draining, dredging, excavation or removal of soil, mud, sand, gravel, aggregate of any kind or depositing or dumping therein any rubbish or similar material or discharging therein liquid wastes, either directly or otherwise, and the erection of structures, drivings of pilings, or placing of obstructions, whether or not changing the tidal ebb and flow, and some other activities requires a permit from the commissioner. § 13:9A-4
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What are the procedures for transferring land and property containing historic or cultural resources?
We are unable to locate material relevant to this question at this time.
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What miscellaneous laws exist in this state to preserve human remains, burial places, and funerary objects?
We are unable to locate material relevant to this question at this time.
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What public health regulations exist for the removal and burial of human remains?
All discovered human remains must be transferred to the appropriate county medical examiner. § 52:17B-219. In case of a public health emergency, the commissioner, State Medical Examiner and Commissioner of Environmental Protection shall coordinate with each other to safely oversee the disposition of human remains. § 26:13-7. When a cemetery or burial ground becomes dangerous to he public health for any reason, a municipal authority within whose limits that cemetery is located may institute an action in the Superior Court to obtain relief that is proper and necessary for the protection of the public health. § 26:6-5. Also, a cemetery shall not bury human remains of more than one person in a grave unless: (1) directions have been given for the burials in accordance with this section on behalf of all persons so buried; or (2) the rights to be buried in the grave were sold by the cemetery with explicit provision allowing separate sales of rights to burial at different depths in the grave. § 45:27-22
Common carriers may not transfer any dead body of any person who has died of smallpox, Asiatic cholera, yellow fever, typhus fever or bubonic plague unless the body is inclosed in a hermetically sealed casket and a license for such transportation has been first obtained in writing from the state department. § 26:6-23
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How is environmental impact measured for historic and archeological resources?
We are unable to locate material relevant to this question at this time.
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Activities Affecting Burials which Require State or Local Government Compliance
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What activities affecting burials require state or local government compliance?
We are unable to locate material relevant to this question at this time.
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Regulation by State or Local Government of Non-Governmental Burial-Related Activities
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What state regulations relate to non-governmental burial-related activities?
We are unable to locate material relevant to this question at this time.
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What local regulations relate to non-governmental burial-related activities?
We are unable to locate material relevant to this question at this time.
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Laws Affecting Public Lands
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What criminal laws affect preservation of burials on public lands?
It is a crime of third-degree criminal mischief to tamper with a grave, crypt, mausoleum or other site where human remains are stored or interred, with the purpose to desecrate, destroy or steal human remains. § 2C:17-3(a)(6). It is a second-degree offense to unlawfully disturb, move, or conceal human remains. § 2C:22-1(a)(1). It is also a second degree offense to unlawfully desecrate, damage or destroy human remains. 'Desecrate' means to deface, damage or pollute. § 2C:22-1(a)(2). Finally, it is a second degree offense if an actor commits an act of sexual penetration or sexual contact upon human remains. § 2C:22-1(a)(3). See § 2C:14-1 for definitions of sexual penetration and sexual contact.
A person commits an offense of the third degree if he purposely or knowingly fails to dispose of human remains in a manner required by law. § 2C:22-1(b).
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What civil laws affect preservation of burials on public lands?
If the officers of a cemetery association or undertaker fail, in the case of a body transported into New Jersey for interment or cremation, to make a due and diligent inquiry into the deceased personís background to ascertain whether or not they are a war veteran may be subject to a penalty of $50 to be recovered in a civil action in the name of the supervisor of the veteransí interment of the county where the violation occurs. § 26:6-4.2
Except as otherwise specifically provided, any person violating the laws set forth for the disposal of dead bodies is subject to a civil penalty of $50.00 to $100.00. § 26:6-49. The provisions covering the disposal of dead bodies may be found in Title 26, Chapter 6 of the New Jersey State Code.
Those who unlawfully excavate archaeological resources may be subject to civil penalties between $750 and $1,500 for the first offense, between $1,500 and $3,000 for the second offense, and between $3,000 and $5,000 for any subsequent offense. For findings on State park or forest property see § 13:1L-10. For findings on wildlife management areas, see § 23:7-1.2. For findings on public reservoir lands, see § 58:4-14 . For findings on lands owned by counties, municipalities, or political subdivisions thereof, see § 40:10D-2. For findings on lands or rights of way owned by certain transportation authorities, see § 27:5J-1.
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What administrative laws affect preservation of burials on public lands?
We are unable to locate material relevant to this question at this time.
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Laws Affecting Private Lands
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What criminal laws affect preservation of burials on private lands?
It is a crime of third-degree criminal mischief to tamper with a grave, crypt, mausoleum or other site where human remains are stored or interred, with the purpose to desecrate, destroy or steal human remains. § 2C:17-3(a)(6). It is a second-degree offense to unlawfully disturb, move, or conceal human remains. § 2C:22-1(a)(1). It is also a second degree offense to unlawfully desecrate, damage or destroy human remains. 'Desecrate' means to deface, damage or pollute. § 2C:22-1(a)(2). Finally, it is a second degree offense if an actor commits an act of sexual penetration or sexual contact upon human remains. § 2C:22-1(a)(3). See § 2C:14-1 for definitions of sexual penetration and sexual contact.
A person commits an offense of the third degree if he purposely or knowingly fails to dispose of human remains in a manner required by law. § 2C:22-1(b).
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What civil laws affect preservation of burials on private lands?
If the officers of a cemetery association or undertaker fail, in the case of a body transported into New Jersey for interment or cremation, to make a due and diligent inquiry into the deceased personís background to ascertain whether or not they are a war veteran may be subject to a penalty of $50 to be recovered in a civil action in the name of the supervisor of the veteransí interment of the county where the violation occurs. § 26:6-4.2
Except as otherwise specifically provided, any person violating the laws set forth for the disposal of dead bodies is subject to a civil penalty of $50.00 to $100.00. § 26:6-49. The provisions covering the disposal of dead bodies may be found in Title 26, Chapter 6 of the New Jersey State Code.
Those who unlawfully excavate archaeological resources may be subject to civil penalties between $750 and $1,500 for the first offense, between $1,500 and $3,000 for the second offense, and between $3,000 and $5,000 for any subsequent offense. For findings on State park or forest property see § 13:1L-10. For findings on wildlife management areas, see § 23:7-1.2. For findings on public reservoir lands, see § 58:4-14 . For findings on lands owned by counties, municipalities, or political subdivisions thereof, see § 40:10D-2. For findings on lands or rights of way owned by certain transportation authorities, see § 27:5J-1.
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What administrative laws affect preservation of burials on private lands?
We are unable to locate material relevant to this question at this time.
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Decision-Making
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Authorities Empowered to Make Decisions Affecting Burials
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How is a cemetery association (company) formed in this state?
Under the New Jersey Cemetery Act of 2003, new cemetery companies may be formed by nonprofit entities organized and operated in compliance with Title 15A of the New Jersey State statutes as well as by for-profit entitites. Those wishing to form a new cemetery company must apply for a certificate of authority from the New Jersey Cemetery Board. The application must include detailed information about the necessity of services the applicant seeks to provide and the applicantís fitness and ability to perform the proposed services. See § 45:27-7 for more information on nonprofit entities and § 45:27-7.1 for more information on for-profit entities wishing to form cemetery companies.
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Who has the right to conduct archaeological field excavations?
Excavation in any wetland may only be done pursuant to a permit. See § 13:9A-4 for coastal wetlands, and § 13:9B-4 for freshwater wetlands. Excavations on the land of a county, municipality, or political subdivision thereof may be required to be done only after consultation with the Department of Environmental protection. § 40:10D-2. Similar laws apply to reservoir lands. See § 58:4-14
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Who has custody rights of discovered human remains?
Discovered human remains must be delivered into the custody of the county medical examiner. § 52:17B-219.
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Who has the ownership rights of archaeological specimens or objects of cultural significance?
We are unable to locate material relevant to this question at this time.
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What rights do nonresidents of the state maintain?
We are unable to locate material relevant to this question at this time.
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What has the authority to enforce criminal or unlawful actions regarding human remains and cultural resources?
In addition to general law enforcement agencies, others may enforce some criminal or unlawful actions in special cases. Conservation restrictions may be enforced by the holder of the restriction. § 13:8B-3. The New Jersey Historic Trust (§ 13:1B-15.114Garden State Preservation Trust (§ 13:8C-6), New Jersey Natural Lands Trust (§ 13:1B-15.122), also have the power to initiate criminal proceedings and investigations.
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Who has dominion and control of state historic or archaeological resources?
State historic and archaeological resources are the property of the State of New Jersey. The New Jersey Historic Trust may acquire and hold real and personal property of historic, aesthetic or cultural significance by gift, purchase, devise, bequest or any other means, and to preserve and administer such properties; and in the acquisition of such properties, to acquire property adjacent thereto deemed necessary for the proper use and administration of historic, aesthetic or cultural property. § 13:1B-15.115. The New Jersey Natural Lands Trust (which also falls under the purview of the Department of Conservation and Economic Development) has the power to acquire, hold and dispose of real or personal property. § 13:1B-15.122
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Who sits on the state historical commission, and how are these members appointed?
The Ne w Jersey Historical Commission is composed of 17 members as follows:
The Secretary of State, the State Librarian, and the Chief of the Office of New Jersey Heritage in the Department of Environmental Protection.
Ten citizens of New Jersey appointed by the Governor with the advice and consent of the Senate. They are to be chosen for their expertise in New Jersey history and qualified by academic achievement or professional affiliation. They serve for a period of three years and are chosen so as to provide a balanced representation to the geographic regions of the State.
Two members of the Senate to be appointed by the President of the Senate
Two members of the General Assembly to be appointed by the Speaker of the General Assembly
See NJ 18A:73-22
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Who sits on the state historic preservation board, and for how long?
The Board of Trustees of the New Jersey Historic Trust consists of 15 trustees composed of the following:
The Administrator of the New Jersey Historic Preservation Office in the Department of Environmental Protection, the State Treasurer, and the Executive Director of the New Jersey Historical Commission in the Department of State, each of whom shall serve during the duration of their terms of office.
12 other citizens of the State of New Jersey, representing the several georgraphic regions of the State, appointed by the Governor with the advice and consent of the Senate. Citizen trustees shall possess a minimum of 5 years experience in historic preservation. The citizen trustees shall serve for 3-year terms.
See § 13:1B-15.112a
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Scope of Authority
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What powers and responsibilities are delegated to cemetery associations in this state?
Maintenance and Preservation Fund
Cemetery companies must create an irrevocable trust fund called the Maintenance and Preservation Fund, which shall only be used for the maintenance and preservation of the cemetery. It must be established in a State or federally regulated financial institution having and maintaining a principal place of business within the State, and must be in accordance with the Prudent Investor Act. NJ 45:27-12
Cemetery Companies established after December 1, 1971
Cemetery companies established after December 1, 1971 must make an initial $75,000 deposit to its Maintenance and Preservation fund as a condition for the issuance of its certificate of authority to operate a cemetery. NJ 45:27-13
A cemetery company that operates or only seeks to operate a crematory is not required to make the initial $75,000 deposit; however, they shall be jointly and severally liable for the maintenance and use of the Maintenance and Preservation Fund. NJ 45:27-13
A for-profit corporation, partnership, association or other private entity managing or operating a cemetery company pursuant to a certificate of authority is not required to make the initial $75,000 deposit; however, they shall be jointly and severally liable for the maintenance and use of the Maintenance and Preservation Fund. NJ 45:27-13
Cemetery Companies established before December 1, 1971
Cemetery companies established before December 1, 1971 shall transfer into the Maintenance and Preservation Fund any funds established for the maintenance and preservation of the cemetery and any additional amount set by the board. NJ 45:27-13
Fees and charges to be paid into the Maintenance and Preservation Fund by all cemetery companies on a monthly basis
On the initial sale of each grave, 15% of the gross sales price
10% of the initial sales price of a crypt or niche in a public mausoleum or columbarium
On the bulk sales of graves, 15% of the current retail gross sale price of comparable graves
On bulk sales of crypts or niches, 10% of the current retail gross sale price of comparable crypts or niches
On transfer of a grave, 15% of the current gross sales price of equivalent graves, less any amounts previously paid to the Maintenance and Preservation Fund on sales of that grave
Note, 'transfer' does not include sales to the cemetery company or to the next of kin.
On transfer of a crypt or niche, 15% of the current gross sales price of equivalent crypts or niches, less any amounts previously paid to the Maintenance and Preservation Fund on sales of that crypt or niche
Note, 'transfer' does not include sales to the cemetery company or to the next of kin.
For each interment or for the placement of cremated human remains, 3% of the charge for the interment or placement or $ 20, whichever is more
For a foundation, base or installation,10% of the charge for the foundation, base or installation, or $ 20, whichever is more.
Deposit for maintenance of private mausoleum; Other funding requirements
A minimum of 10% of the gross contract price for construction and placement of any private mausoleum shall be deposited, before the structure is erected, with the cemetery company, in trust for the maintenance of the structure and the area on which it is located.
A cemetery or cemetery company shall not begin to use a public mausoleum for the burial of human remains until it has established a Building Maintenance Fund, an irrevocable trust fund of not less than 10% of the total cost of the structure, walkways, architect fees, building permit fees, landscaping, installation of utility lines and internal furnishings. The income from the trust fund, and the income only, shall be used for the maintenance of the structure. This provision shall not apply to temporary receiving vaults.
Any person may create a trust fund to be held in perpetuity or for a time to be used for the care or embellishment of any grave or crypt, mausoleum or memorial. However, the trust fund shall be consistent with regulations of the cemetery and shall not be larger than necessary to achieve the trust's purposes. If a court finds that the trust fund is excessive, it may reduce it to a reasonable sum.
A cemetery company may receive funds for the care or embellishment of any grave or crypt, mausoleum or memorial. It shall maintain these funds separate from the Maintenance and Preservation Fund or any other trust fund required by this act. Each fund shall be administered as agreed between the grantor and the cemetery company. The income from each of these funds shall be used for the particular purpose of the fund.
The funds shall be established in a State or federally regulated financial institution having and maintaining a principal place of business within this State and shall be invested in accordance with the "Prudent Investor Act.' The board may adopt regulations on the operation and use of trust funds. This subsection shall not apply to a religious organization that constructs a structure for the interment of human remains.
The cemetery company or other trustee of a fund required by this section may collect fees for the administration of the trust allowed by law and regulations of the board.
Monthly Report
Every cemetery company, other than a municipality, shall file an annual report with the board within 120 days after the close of the cemetery companyís fiscal year. The report shall show:
The extent and sources of augmentation of the Maintenance and Preservation Fund
The manner of expenditure of the income of the fund during the preceding year
A list of the securities in which the trust funds are invested
Every cemetery company containing a public mausoleum shall file an annual report relating to its public mausoleum Building Maintenance Fund within 120 days after the end of the fiscal year. The report is subject to a filing fee, penalties for providing inadequate information, and penalties for improper management of the fund. The board, for good cause, may grant a reasonable extension for the filing of annual reports.
See NJ 45:27-15
Duties of Cemetery Companies
A cemetery company shall:
Adopt reasonable regulations for the use, management and protection of the cemetery and of all interment spaces in it; for regulating the dividing marks between graves; for prohibiting or regulating the erection of structures; for preventing unsightly monuments, effigies and structures within the cemetery, and for their removal; § 45:27-16
Fix reasonable charges for interment spaces, niches, products and services offered by the cemetery company; and § 45:27-16
Keep its books, records and accounts so as to reflect the conduct of its business. § 45:27-16
Maintain a copy of a survey or map of the land to be used for cemetery purposes, and file a copy of the survey or map with the board as per § 45:27-17
Keep a record of every interment and placement of human remains and also the placement of cremated human remains. The record must include the date, name and age of the person, cause of death when it is shown on the burial permit, the location of the burial or disposition, and the name and address of the funeral director. § 45:27-19
Keep a record of the owner of each interment space that has been conveyed by the cemetery company and of each transfer of an interment space to which the cemetery company has consented. Note: Transfers are not complete or effective until it is recorded on the books of the cemetery company and required fees are paid. § 45:27-19
A cemetery company that performs cremation shall keep a record indicating the date and the receipt cremated remains. § 45:27-19
A cemetery company may: (§ 45:27-16)
Prohibit the placement of memorials, effigies or structures on parts of the cemetery and adopt reasonable regulations relating to uniformity, class, composition, material, kinds and sizes of all markers, monuments and other structures within the cemetery provided that the regulations are not established to prevent competition;
Sell adornments, embellishments, sod and plantings for use in the cemetery;
Prevent the use of interment spaces or niches for purposes that violate the cemetery restrictions and regulations;
Regulate the conduct of persons and prevent improper assemblages in the cemetery;
Reserve to the cemetery the exclusive right to open and fill graves, furnish equipment, manufacture and install foundations, set and seal crypts and vaults, seal niches and install flush memorials;
Regulate or prevent the introduction of embellishments or plants within the cemetery;
Prevent the interment in any interment space of human remains not entitled to interment there;
As provided in the New Jersey Cemetery Act, make provisions for the removal at the cost of the lot owner of any memorial, effigy or structure when either placed in violation of cemetery company rules and regulations or when it becomes dangerous or unsightly; and
To the extent allowed by the regulations of the board, prohibit the interment of human remains or the placement of any memorial when there are any outstanding charges against the interment space.
A cemetery company, and any person engaged in the management, operation or control of a cemetery owned by a cemetery company, directly or indirectly, is specifically prohibited from engaging, directly or indirectly, in any of the following activities: (§ 45:27-16)
The manufacture or sale of memorials;
The manufacture or sale of private mausoleums;
The manufacture or sale of vaults, including vaults installed in a grave before or after sale and including vaults joined with each other in the ground; and
The conduct of any funeral home or the business or profession of mortuary science; provided that crematoriums operated in conjunction with funeral homes prior to December 1, 1971 are excepted from these prohibitions.
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How are cemetery sales records to be kept?
We are unable to locate material relevant to this question at this time.
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What power does the state have to acquire or purchase property of historic or archaeological significance?
The New Jersey Historic Trust may acquire and hold real and personal property of historic, aesthetic or cultural significance by gift, purchase, devise, bequest or any other means, and to preserve and administer such properties; and in the acquisition of such properties, to acquire property adjacent thereto deemed necessary for the proper use and administration of historic, aesthetic or cultural property. § 13:1B-15.115. The New Jersey Historic Trust (which falls under the Department of Conversation and Economic Development) has the power to hold and dispose of personal property, which may include historic or archaeological resources. § 13:1B-15.114. The New Jersey Natural Lands Trust (which also falls under the purview of the Department of Conservation and Economic Development) has the power to acquire, hold and dispose of real or personal property. § 13:1B-15.122
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How does the state manage park and historical sites?
The New Jersey Register of Historic Places Act established the New Jersey Register of Historic Places in the Division of Parks and Forestry within the Department of Environmental Protection. It consists of a permanent record of areas, sites, structures and objects within the State determined to have significant historical, archeological, architectural or cultural value § 13:1B-15.128.
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What are the powers of municipal and county governments regarding park and historical sites?
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How do county and municipal governments oversee cemetery property?
The governing body of any county or municipality may provide for the restoration, maintenance and preservation of any historic cemetery located within its borders. Additionally, the governing body of a county may appropriate up to $10,000.00, and the governing body of a municipality may appropriate up to $3000.00 for the restoration, maintenance and preservation of historic cemeteries located within its borders, but may not expend in excess of $500.00 to restore, maintain, or preserve any one cemetery. § 40:10B-3
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What are the powers and duties of the state historical commission?
The commission establishes a grant program to award grants in support of research and publication of New Jersey history to public or private historical libraries, history museums, historical societies, historic sites, historical agencies of county or local governments, or any related agency or organization. § 18A:73-22.3
The commission advises State departments and agencies and public educational institutions with activities concerned in State history. § 18A:73-25
The commission may conduct, sponsor and assist scholarly research and publication, public programs, oral history projects, produce student and teacher resource materials for use in teaching Afro-American history in the public schools, assist libraries, museums and historical agencies in collecting materials relative to the history of Afro-American in New Jersey, and assist historic preservation agencies and organizations to preserve and interpret significant sites associated with Afro-American history in New Jersey. § 18A:73-25.3
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How does the state historical commission register or include historical property?
The Commissioner of Environmental Protection, with the advice and recommendations of the Historic Sites Council, establish criteria for the establishment of new historical sites, both publically and privately owned. § 13:1B-15.129.
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What are the powers and duties of the state archaeological commission?
The New Jersey State Museum is charged with collecting, preserving and interpreting the cultural and natural history of New Jersey in a national and world context to visitors of all ages and diverse backgrounds and to preserve and interpret the landmark property called Morven. The museum shall accomplish this through the presentation of exhibits, education programs, publications and other services. Specific collection areas include archaeology and ethnology, decorative arts, fine arts and natural history. § 52:16A-60.
We are unable to locate material on a commission with the specific duties of functioning as a state archaeological commission at this time.
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How is the rehabilitation and preservation of historic property conducted?
No state funds may be expended to acquire, preserve or restore historic property unless it is listed in the New Jersey State Historic Register of Historic Places. § 13:1B-15.130.
The governing body of any county or municipality may provide for the restoration, maintenance and preservation of any historic cemetery located within its borders. § 40:10B-3.
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What specific historic or cultural properties are regulated by the stateís historical commission?
For a list of properties on the New Jersey and National Registers of Historic Places broken down by county see http://www.state.nj.us/dep/hpo/1identify/nrsr_lists.htm
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Special Funding Sources
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Special Funding for Protection and Preservation of Burials
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How is the income from cemetery land to be used and dispersed in this state?
Every cemetery company must establish an irrevocable trust fund, called the Maintenance and Preservation Fund, the income from which may only be expended for the maintenance and preservation of the cemetery. § 45:27-12
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How is a state historic acquisition and preservation fund administered?
The Historic Preservation Revolving Loan Fund is administered by the New Jersey Historic Trust to provide loans for historic preservation projects. § 13:1B-15.111 General Statement of Purpose
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How are trust funds for the maintenance of cemeteries established and administered?
Cemetery companies must create an irrevocable trust fund called the Maintenance and Preservation Fund, which shall only be used for the maintenance and preservation of the cemetery. It must be established in a State or federally regulated financial institution having and maintaining a principal place of business within the State, and must be in accordance with the Prudent Investor Act. § 45:27-12
Cemetery Companies established after December 1, 1971
Cemetery companies established after December 1, 1971 must make an initial $75,000 deposit to its Maintenance and Preservation fund as a condition for the issuance of its certificate of authority to operate a cemetery. § 45:27-13
A cemetery company that operates or only seeks to operate a crematory is not required to make the initial $75,000 deposit; however, they shall be jointly and severally liable for the maintenance and use of the Maintenance and Preservation Fund. § 45:27-13
A for-profit corporation, partnership, association or other private entity managing or operating a cemetery company pursuant to a certificate of authority is not required to make the initial $75,000 deposit; however, they shall be jointly and severally liable for the maintenance and use of the Maintenance and Preservation Fund. § 45:27-13
Cemetery Companies established before December 1, 1971
Cemetery companies established before December 1, 1971 shall transfer into the Maintenance and Preservation Fund any funds established for the maintenance and preservation of the cemetery and any additional amount set by the board. § 45:27-13
Fees and charges to be paid into the Maintenance and Preservation Fund by all cemetery companies on a monthly basis
On the initial sale of each grave, 15% of the gross sales price
10% of the initial sales price of a crypt or niche in a public mausoleum or columbarium
On the bulk sales of graves, 15% of the current retail gross sale price of comparable graves
On bulk sales of crypts or niches, 10% of the current retail gross sale price of comparable crypts or niches
On transfer of a grave, 15% of the current gross sales price of equivalent graves, less any amounts previously paid to the Maintenance and Preservation Fund on sales of that grave
Note, 'transfer' does not include sales to the cemetery company or to the next of kin.
On transfer of a crypt or niche, 15% of the current gross sales price of equivalent crypts or niches, less any amounts previously paid to the Maintenance and Preservation Fund on sales of that crypt or niche
Note, 'transfer' does not include sales to the cemetery company or to the next of kin.
For each interment or for the placement of cremated human remains, 3% of the charge for the interment or placement or $ 20, whichever is more
For a foundation, base or installation,10% of the charge for the foundation, base or installation, or $ 20, whichever is more.
Deposit for maintenance of private mausoleum; Other funding requirements
A minimum of 10% of the gross contract price for construction and placement of any private mausoleum shall be deposited, before the structure is erected, with the cemetery company, in trust for the maintenance of the structure and the area on which it is located.
A cemetery or cemetery company shall not begin to use a public mausoleum for the burial of human remains until it has established a Building Maintenance Fund, an irrevocable trust fund of not less than 10% of the total cost of the structure, walkways, architect fees, building permit fees, landscaping, installation of utility lines and internal furnishings. The income from the trust fund, and the income only, shall be used for the maintenance of the structure. This provision shall not apply to temporary receiving vaults.
Any person may create a trust fund to be held in perpetuity or for a time to be used for the care or embellishment of any grave or crypt, mausoleum or memorial. However, the trust fund shall be consistent with regulations of the cemetery and shall not be larger than necessary to achieve the trust's purposes. If a court finds that the trust fund is excessive, it may reduce it to a reasonable sum.
A cemetery company may receive funds for the care or embellishment of any grave or crypt, mausoleum or memorial. It shall maintain these funds separate from the Maintenance and Preservation Fund or any other trust fund required by this act. Each fund shall be administered as agreed between the grantor and the cemetery company. The income from each of these funds shall be used for the particular purpose of the fund.
The funds shall be established in a State or federally regulated financial institution having and maintaining a principal place of business within this State and shall be invested in accordance with the "Prudent Investor Act.' The board may adopt regulations on the operation and use of trust funds. This subsection shall not apply to a religious organization that constructs a structure for the interment of human remains.
The cemetery company or other trustee of a fund required by this section may collect fees for the administration of the trust allowed by law and regulations of the board.
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How are state historic archives maintained?
Thomas Edison State College is responsible for the administration of the State library, which is in, but not part of, the Department of State. § 18A:73-26.
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How may the state enter into private contracts for recovering and preserving historical artifacts?
The New Jersey Historical Commission may enter into private contracts for the recovery and preservation of historical artifacts. For more information see § 40:33B-5.
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What funding exists for state historical education efforts?
The New Jersey Historical Commission establishes a program for the purpose of awarding grants from the fund established in accordance with § 18A:73-22.4 to support public or private historical libraries, history museums, historical societies, historic sites, historical agencies of county or local governments and any related agency or organization. See § 18A:73-22.3. Also, the Indian Affairs Commission develops programs and projects relating to the cultural, educational and social development of New Jerseyís American Indian communities. § 52:16A-53.
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What funding exists for state museumsí scientific services?
The New Jersey Historical Commission is authorized to appropriate funds from the fund created in accordance with § 18A:73-22.4 for scientific services. § 18A:73-25.
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Special Funding for Public Lands
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What special funding sources are there for protection and preservation of burials on public lands?
We are unable to locate material relevant to this question at this time.
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Special Funding for Private Lands
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What special funding sources are there for protection and preservation of burials on private lands?
Cemetery companies must create an irrevocable trust fund called the Maintenance and Preservation Fund, which shall only be used for the maintenance and preservation of the cemetery. It must be established in a State or federally regulated financial institution having and maintaining a principal place of business within the State, and must be in accordance with the Prudent Investor Act. NJ 45:27-12.
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State Recognition of Constituent Groups
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Laws Recognizing or Acknowledging Constituent Groups
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What laws are there recognizing or acknowledging constituent groups?
Native American Day (fourth Friday of September every year) - § 36:2-41
Diwali Month Recognized - § 36:2-93
New Jersey Commission on Native American Affairs - § 52:16A-53
Rights of Conscience; religious freedom – NJ Const. Art 1, ∂ 3
Uniform Child Custody Jurisdiction and Enforcement Act – Application to Indian Tribes - § 2A:34-56
Group Health Insurance - § 17B:27-54
Individual Health Insurance Reform - § 17B:27A-17
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What tribes are recognized by the state?
New Jersey recognizes the Nanticoke Lenni Lenape Indians, the Ramapough Mountain Indians and the Powhatan Renape Nation.
American Indians who reside in New Jersey and are not members of these tribes but are members of other tribes recognized by another state or the federal government are considered members of the Intertribal People.
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Are the state-recognized tribes different from the federally-recognized tribes in the state?
Members of federally-recognized tribes, but not state-recognized tribes are considered members of the Intertribal People for purposes of membership to the New Jersey Commission on Native American Affairs. § 52:16A-53
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Enforcement Laws
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What laws are there related to enforcement of recognition or acknowledgment of constituent groups?
We are unable to locate material relevant to this question at this time.
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Compliance Laws
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What laws are there related to compliance with recognition or acknowledgment of constituent groups?
We are unable to locate material relevant to this question at this time.
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Regulatory Laws
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What laws are there related to regulation of recognition or acknowledgment of constituent groups?
We are unable to locate material relevant to this question at this time.
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Decision-Making Authorities
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What notice and consultation with tribes is required for discoveries of Native American human remains, burial places, and funerary objects?
We are unable to locate material relevant to this question at this time.
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How are Indian sacred sites regulated?
We are unable to locate material relevant to this question at this time.
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Is there a state Indian Affairs Commission or equivalent?
The New Jersey Commission on American Indian Affairs is established under § 52:16A-53.
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How is the state Indian Affairs Commission or equivalent composed?
The New Jersey Commission on American Indian Affairs consists of 9 members. The Secretary of State and 8 public members (not more than 4 of which are from the same political party). Each public member must be appointed by the Governor on the recommendation of the tribe of their respective affiliation, with the advice and consent of the State Senate. Of the public members, 2 must be members of the Nanticoke Lenni Lenape Indians, 2 must be members of the Ramapough Mountain Indians, 2 must be members of the Powhatan Renape Nation, and 2 must be members of the Intertribal People, which includes American Indians residing in New Jersey that are not members of the Nanticoke Lenni Lenape Indians, the Ramapough Mountain Indians, or the Powhatan Renape Nation, but are members of other tribes recognized by another state or the federal government. § 52:16A-53
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What are the powers and duties of the state Indian Affairs Commission?
The Commission develops programs and projects relating to the cultural, educational and social development of New Jerseyís American Indian communities; develops programs and projects which further understanding of New Jerseyís American Indian history and culture, promotes increased cooperation among all American Indian communities in the State, serves as a Statewide reference and resource center to increase public knowledge of New Jerseyís American Indian heritage, acts as a liaison among American Indian communities, the State and federal governments, and educational, social and cultural institutions, and is authorized to raise funds, through direct solicitation or other fund raising events, alone or with other groups, and accept gifts, grants, and bequests from individuals, corporations, foundations, governmental agencies, public and private organizations and institutions, to defray the commissionís administrative expenses and carry out the duties above. When requested by the Governor, the commission assists the Legislature or Governor to investigate the authenticity of any organization, tribe, nation or other group seeking official recognition by the State as an American Indian tribe. § 52:16A-53.
The commission is also authorized to call to its assistance and avail itself of the services and assistance of such officials and employees of the State and its political subdivisions and their departments, boards, bureaus, commissions, authorities and agencies, as it may require and as may be available to it for its purposes, utilize existing staff from the Department of State until it may be necessary to employ professional staff, including an executive director and stenographic and clerical assistants, and expend any funds that may be appropriated or otherwise made available to it for its purposes. § 52:16A-58.
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Is there a state Indian cultural heritage commission?
There is not a New Jersey Indian Cultural Heritage Commission per se; however, there is the New Jersey Indian Affairs Commission, which is charged with promoting Indian cultural heritage. There is also a New Jersey State Museum, which is charged with collecting, preserving and interpreting the cultural and natural history of New Jersey in a national and world context to visitors of all ages and diverse backgrounds and preserving and interpreting the landmark property called Morven, which is a historic home in Princeton, New Jersey that currently serves as a museum.
For New Jersey Indian Affairs Commission see § 52:16A-53
For New Jersey State Museum see § 52:16A-60
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Special Funding
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What special funding sources are there for state recognition or acknowledgment of constituent groups?
We are unable to locate material relevant to this question at this time.
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The New Jersey State statutes are cited, according to The Bluebook as:
N.J. Stat. Ann. §x:x (West 2009).
All citations are in the form § x:x and should also include a link to the relevant statute on the New Jersey Legislature website.
For a listing of certain historic memorials, monuments and sites in New Jersey overseen by the Historic Sites Commission, see Title 28, Chapter 2 of the New Jersey State Code.
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