§ 20-17-1009 — Permit - Investigation by Department of Health

(a) Upon submission of an application to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for the issuance of a permit for a new cemetery or for an extension of the boundaries of an existing cemetery, the applicant shall request that the Department of Health investigate the proposed cemetery location or extension to determine if the proposed new or expanded location will be sanitary. (b) In making the investigation, the department shall take into consideration the proximity of the proposed cemetery or extension to human habitation, the nature of the soil, the drainage of the ground, the danger of pollution of springs or streams of water, and any other conditions concerning whether the proposed new or expanded location will be sanitary. (c) (1) After completing the investigation, the department shall promptly submit in writing its approval or disapproval of the proposed new or expanded location from a sanitary standpoint to the board. (2) If the department disapproves the proposed cemetery location or extension, further action on the application shall be suspended until the applicant acquires a location which meets with the approval of the department or until other action, as necessary, is taken. (d) The cemetery shall pay the department any fee required by law.

Legislative History

Amended by Act 2017, No. 788,§ 38, eff. 7/1/2018. Acts 1977, No. 352, § 9; A.S.A. 1947, § 82-426.9; Acts 2009, No. 715, § 5.