SB 233

WES MOORE, Governor  Ch. 545
Chapter 545
  (Senate Bill 233)
AN ACT concerning
Business Regulation – Cemeteries and Abandoned Cemeteries – Actions for Sale,
 Transfer, or Alternate Use Requirements for Sale or, Transfer, or Government
  Acquisition and Disposition
FOR the purpose of authorizing certain persons to bring an action when the owner of a
     property that includes a cemetery proposes the sale, transfer, or alternate use of all
     or part of a certain cemetery; requiring a court to take certain actions under certain
     circumstances; and generally relating to actions for the sale, transfer, or alternate
     use of cemeteries prohibiting certain owners of a cemetery from selling or
     transferring the cemetery without the approval of the Director of the Office of
     Cemetery Oversight; exempting a certain cemetery owner from the requirement to
     obtain an approval from the Director; authorizing a governmental unit to acquire an
     abandoned cemetery under certain circumstances; establishing certain requirements
     for the sale, transfer, or government acquisition of a cemetery; and generally relating
     to the sale, transfer, or acquisition of cemeteries. authorizing certain persons to bring
     an action when the owner of a property that includes a cemetery proposes the sale,
     transfer, or alternate use of all or part of a certain cemetery; requiring a court to take
     certain actions under certain circumstances; authorizing a governmental unit to
     acquire property on which an abandoned cemetery is located under certain
     circumstances and for a certain purpose; requiring a governmental unit that acquires
     property under this Act to make a certain effort to contact certain persons for a certain
     purpose; authorizing a person or organization to bring an action to request the court
     to transfer property acquired under this Act to the person or organization; and
     generally relating to actions for the sale, transfer, or alternate use of cemeteries.
BY repealing and reenacting, with amendments,
      Article – Business Regulation
      Section 5–101 and 5–505
      Annotated Code of Maryland
      (2024 Replacement Volume and 2025 Supplement)
BY repealing
      Article – Business Regulation
      Section 5–506
      Annotated Code of Maryland
      (2024 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, without amendments,
      Article – Real Property
      Section 14–121(a)(1), (3), and (4)
      Annotated Code of Maryland
  –1–
Ch. 545  2026 LAWS OF MARYLAND
      (2023 Replacement Volume and 2025 Supplement)
  Preamble
       WHEREAS, The purpose of a cemetery is to be a permanent place for the disposition
of the dead, a sacred ground to memorialize and honor the dead, and to provide a place for
visitation by relatives, friends, and others to remember, honor, and grieve and to preserve
the history of those interred and their community; now, therefore,
BY repealing
      Article – Business Regulation
      Section 5–505
      Annotated Code of Maryland
      (2024 Replacement Volume and 2025 Supplement)
BY adding to
     Article – Business Regulation
     Section 5–505 and 5–507
     Annotated Code of Maryland
     (2024 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, with amendments,
      Article – Business Regulation
      Section 5–101
      Annotated Code of Maryland
      (2024 Replacement Volume and 2025 Supplement)
BY repealing
      Article – Business Regulation
      Section 5–505
      Annotated Code of Maryland
      (2024 Replacement Volume and 2025 Supplement)
BY adding to
     Article – Business Regulation
     Section 5–505 and 5–507
     Annotated Code of Maryland
     (2024 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, without amendments,
      Article – Real Property
      Section 14–121(a)(1), (3), and (4)
      Annotated Code of Maryland
      (2023 Replacement Volume and 2025 Supplement)
  –2–
  WES MOORE, Governor  Ch. 545
      SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
  Article – Business Regulation
5–101.
       (a)   In this title the following words have the meanings indicated.
       (b)   “Alkaline hydrolysis” means the process of reducing human remains using
water, alkaline chemicals, and heat inside a watertight vessel to accelerate decomposition.
       (c)   “Authorizing agent” has the meaning stated in § 5–508 of the Health – General
Article.
       (d)   (1)   “Burial goods” means goods that are used in connection with burial.
  (2)   “Burial goods” includes:
  (i)     a casket;
  (ii)    a grave liner;
  (iii)   a memorial;
  (iv)    a monument;
  (v)     a scroll;
  (vi)    an urn;
  (vii)   a vase; and
  (viii) a vault.
       (e)   “Burial goods business” means a business that provides burial goods.
       (f)   (1)   “Cemetery” means land used or to be used for interment.
  (2)   “Cemetery” includes a structure used or to be used for interment.
       (g)    “Cremation” means the disposition of a dead human body by means of
incineration.
       (h)   “Crematory” means a building, portion of a building, or structure that houses
the necessary appliances and facilities for cremation or alkaline hydrolysis.
  –3–
 Ch. 545  2026 LAWS OF MARYLAND
     (I ) “CULTURAL AFFILIATION” HAS THE MEANING STATED IN § 14–121 OF
THE REAL PROPERTY ARTICLE.
       (J )   “DESCENDANT COMMUNITY ORGANIZATION” MEANS AN ORGANIZATION
THAT HAS MEMBERS WHO HAVE ANCESTORS WHO ARE INTERRED AT A CEMETERY OR
WHO HAVE A CULTURAL AFFILIATION WITH THE DECEASED PERSONS INTERRED AT A
CEMETERY.
       [(i)] (K)    “Director” means the Director of the Office of Cemetery Oversight.
     [(j)] (L)   “Engage in the operation of a cemetery” means owning, controlling, or
managing a cemetery, including performing activities necessary for:
  (1)   the establishment, improvement, care, preservation, or embellishment of
a cemetery;
  (2)   interment; and
  (3)   the providing of burial space or burial goods.
       [(k)] (M) (1)      “Engage in the operation of a crematory” means controlling or
managing a crematory.
  (2)   “Engage in the operation of a crematory” does not include:
  (i)   the practice of funeral direction or the practice of mortuary
science; or
  (ii)   1.    assistance in making decisions and filling out forms that
are not directly related to cremation;
  2.    obtaining vital statistics,  signatures,   and    other
information necessary to complete a death certificate;
  3.     transportation of a body to the place of disposition; or
  4.    any other services regarding the disposition of a body that
are not directly related to cremation.
      [(l)] (N)   (1)    “Engage in the operation of a reduction facility” means controlling
or managing a reduction facility.
  (2)   “Engage in the operation of a reduction facility” does not include:
  –4–
  WES MOORE, Governor  Ch. 545
  (i)    the practice of funeral direction or the practice of mortuary
science; or
  (ii)   1.    assistance in making decisions and filling out forms that
are not directly related to natural organic reduction;
  2.    obtaining vital statistics,  signatures,    and    other
information necessary to complete a death certificate;
  3.       transportation of a body to the place of disposition; or
  4.    any other services regarding the disposition of a body that
are not directly related to natural organic reduction.
       [(m)] (O)   “Funeral establishment” means a building, structure, or premises from
which the business of funeral directing or embalming is conducted.
       [(n)] (P)    (1)    “Human remains” means:
  (i)    the body of a deceased person; or
  (ii)   a part of a body or limb that has been removed from a living
person.
  (2)   “Human remains” includes the body or part of a body or limb in any
state of decomposition.
  (3)   “Human remains” does not include soil remains produced after the
completion of natural organic reduction.
      [(o)] (Q)     “Hydrolyzed remains” means the bone fragments produced by the
completion of alkaline hydrolysis.
      [(p)] (R)     “Interment” means all final disposition of human remains or pet
remains, including:
  (1)   earth burial;
  (2)   mausoleum entombment; and
  (3)   niche or columbarium interment.
       [(q)] (S)  “Natural organic reduction” means the contained accelerated conversion
of human remains into soil.
       [(r)] (T)    “Office” means the Office of Cemetery Oversight.
  –5–
 Ch. 545  2026 LAWS OF MARYLAND
       [(s)] (U)     “Permit” means a permit issued by the Director to allow a partnership,
limited liability company, or corporation to operate a business through which a registrant
may:
  (1)   engage in the operation of a cemetery or crematory; or
  (2)   provide burial goods.
       [(t)] (V)    (1)    “Pet remains” means the body of a deceased animal that was kept
as a pet.
  (2)   “Pet remains” includes the body of a pet or a part of a pet’s body in any
state of decomposition or the body of a pet after having been cremated.
       [(u)] (W)    (1)    “Preneed goods” means burial goods that are sold before the
buyer’s death.
  (2)   “Preneed goods” does not include burial space.
       [(v)] (X)    “Provide burial goods” means a retail transaction:
  (1)   to erect, service, or inscribe burial memorials; or
  (2)   to sell burial goods.
      [(w)] (Y)    “Reduction facility” means a building, portion of a building, or structure
that houses the necessary appliances, containers, and facilities for performing natural
organic reduction.
      [(x)] (Z)     “Registered cemeterian” means an individual registered to operate a
cemetery as a sole proprietor or on behalf of a sole proprietor or of a permit holder.
      [(y)] (AA) “Registered crematory operator” means an individual registered to
operate a crematory as a sole proprietor or on behalf of a sole proprietor or permit holder.
      [(z)] (BB) “Registered reduction operator” means an individual registered to
operate a reduction facility as a sole proprietor or on behalf of a sole proprietor or a permit
holder.
       [(aa)] (CC) “Registered seller” means an individual registered to provide burial
goods as a sole proprietor or on behalf of a sole proprietor or of a permit holder.
  –6–
  WES MOORE, Governor  Ch. 545
      [(bb)] (DD) “Registration” means a registration issued by the Director authorizing
an individual to operate a cemetery, to operate a crematory, to operate a reduction facility,
or to provide burial goods.
      [(cc)] (EE) “Responsible party” means a sole proprietor or the individual designated
by a partnership, limited liability company, or corporation to be responsible for the
operations of a cemetery, crematory, reduction facility, or burial goods business.
      [(dd)] (FF) “Soil remains” means the soil produced at final disposition of a dead
human body at a reduction facility by completion of natural organic reduction.
[5–505.
     (a)    An action may be brought in accordance with the Maryland Rules and a court
may pass a judgment for sale of a burial ground for another purpose if:
  (1)    the ground has been dedicated and used for burial;
  (2)    burial lots have been sold in the burial ground and deeds executed or
certificates issued to buyers of the lots;
  (3)    the ground has ceased to be used for burial; and
  (4)    it is desirable to dispose of the burial ground for another purpose.
       (b)     If the court is satisfied that it is expedient or would be in the interest of the
parties to sell the burial ground, the court:
  (1)    may pass a judgment for the sale of the burial ground on the terms and
notice the court sets;
  (2)   shall order that as much of the proceeds of the sale as necessary be used
to pay the expenses of removing any human remains in the burial ground, buying burial lots
in another burial ground, and reburying the remains; and
  (3)     shall distribute the remaining proceeds of the sale among the parties
according to their interests.
     (c)     A judgment for the sale of a burial ground passes to the buyer of the burial
ground the title to the burial ground free of the claims of:
  (1)    the owners of the burial ground; and
  (2)    the holders of burial lots.]
5–505.
  –7–
Ch. 545  2026 LAWS OF MARYLAND
     (A)     (1)   IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
  (2)   “CEMETERY OWNER” MEANS:
  (I )   A REGISTERED CEMETERIAN;
  (II)   A PERMIT HOLDER UNDER SUBTITLE 4 OF THIS TITLE; OR
  (III) AN OWNER OF A CEMETERY THAT IS EXEMPT FROM THE
REGISTRATION AND PERMITTING REQUIREMENTS UNDER § 5–102 OF THIS TITLE.
  (3) “PERSON IN INTEREST” HAS THE MEANING STATED IN § 14–121 OF
THE REAL PROPERTY ARTICLE.
     (B )    THIS SECTION DOES NOT APPLY TO:
  (1)EXCEPT AS OTHERWISE PROVIDED IN SUBSECTIONS (G) AND (H)
OF THIS SECTION, A RELIGIOUS ORGANIZATION THAT IS A CEMETERY OWNER; OR
  (2)
  PROPERTY ACQUIRED BY THE DEPARTMENT OF TRANSPORTATION
THAT IS NECESSARY FOR A PUBLIC PROJECT IN ACCORDANCE WITH STATE OR
FEDERAL LAW.
     (C )    (1)
  A REGISTERED CEMETERIAN OR PERMIT HOLDER MAY NOT SELL
OR TRANSFER A CEMETERY, IN WHOLE OR IN PART, TO ANOTHER PERSON FOR A USE
OTHER THAN AS A CEMETERY WITHOUT THE APPROVAL OF THE DIRECTOR.
  (2)
  THE OWNER OF A CEMETERY THAT IS EXEMPT FROM THE
REGISTRATION AND PERMITTING REQUIREMENTS UNDER § 5–102 OF THIS TITLE MAY
NOT SELL OR TRANSFER THE CEMETERY, IN WHOLE OR IN PART, TO ANOTHER
PERSON WITHOUT THE APPROVAL OF THE DIRECTOR.
     (D)   BEFORE APPROVING THE SALE OR TRANSFER OF A CEMETERY UNDER
THIS SECTION, THE DIRECTOR SHALL:
  (1)   REQUIRE A CEMETERY OWNER TO SUBMIT TO THE DIRECTOR:
  (I )   AN APPLICATION UNDER SUBSECTION (E) OF THIS SECTION;
  (II) A COMPLETED PRESERVATION PLAN UNDER SUBSECTION
(F) OF THIS SECTION; AND
  –8–
  WES MOORE, Governor  Ch. 545
  (III) SATISFACTORY EVIDENCE OF COMPLETION OF THE PUBLIC
NOTICE REQUIREMENTS UNDER SUBSECTION (H) OF THIS SECTION; AND
  (2)REVIEW AND CONSIDER ANY PUBLIC COMMENTS REGARDING THE
CEMETERY IN ACCORDANCE WITH SUBSECTION (I) OF THIS SECTION.
     (E)    (1) TO REQUEST APPROVAL TO SELL OR TRANSFER A CEMETERY
UNDER SUBSECTION (C) OF THIS SECTION, A CEMETERY OWNER SHALL SUBMIT AN
APPLICATION TO THE DIRECTOR ON THE FORM THAT THE DIRECTOR PROVIDES.
  (2)IN ADDITION TO ANY OTHER INFORMATION REQUIRED ON AN
APPLICATION FORM, THE FORM SHALL REQUIRE:
  (I )   THE NAME AND ADDRESS OF EACH CEMETERY OWNER;
  (II)
  NOTICE OF THE INTENT TO SELL OR TRANSFER THE
CEMETERY, IN WHOLE OR IN PART;
  (III) A DESCRIPTION OF THE CEMETERY OR PART OF THE
CEMETERY INTENDED FOR SALE OR TRANSFER, INCLUDING THE NAME, LOCATION,
SIZE, ESTIMATED NUMBER OF HUMAN REMAINS AND PET REMAINS INTERRED IN THE
CEMETERY, AND NUMBER OF UNUSED OR UNSOLD BURIAL SITES;
  (IV) THE NAME AND CONTACT INFORMATION OF ANY POTENTIAL
BUYERS OR TRANSFEREES OF THE CEMETERY, IF KNOWN;
  (V)
  AN AGREEMENT TO SUBMIT A PRESERVATION PLAN IN
ACCORDANCE WITH SUBSECTION (F) OF THIS SECTION; AND
  (VI) A COPY OF THE PUBLIC NOTICE REQUIRED UNDER
SUBSECTION (H) OF THIS SECTION.
     ( F)   (1)   A CEMETERY OWNER SHALL, IN CONSULTATION WITH THE
DIRECTOR, DEVELOP A PRESERVATION PLAN FOR A CEMETERY THAT THE CEMETERY
OWNER INTENDS TO SELL OR TRANSFER.
  (2)  IN DEVELOPING THE PRESERVATION PLAN UNDER PARAGRAPH (1)
OF THIS SUBSECTION, THE CEMETERY OWNER SHALL COMPLY WITH SUBSECTION (G)
OF THIS SECTION.
     (G )  EACH CEMETERY OWNER, INCLUDING A RELIGIOUS ORGANIZATION
THAT IS A CEMETERY OWNER, SHALL ATTEMPT TO IDENTIFY AND CONTACT:
  –9–
Ch. 545  2026 LAWS OF MARYLAND
  (1) ANY DESCENDENT OR DESCENDENT COMMUNITY ORGANIZATION
OF AN INDIVIDUAL INTERRED IN THE CEMETERY;
  (2)ANY INDIVIDUAL OR FAMILY WHO HAS PURCHASED AN UNUSED
PLOT IN THE CEMETERY; AND
  (3)   ANY PERSON THAT HAS WORKED TO MAINTAIN THE ABANDONED
CEMETERY.
     (H )   (1)   BEFORE A CEMETERY OWNER, INCLUDING A RELIGIOUS
ORGANIZATION THAT IS A CEMETERY OWNER, MAY SELL OR TRANSFER A CEMETERY
UNDER THIS SECTION, THE CEMETERY OWNER SHALL PROVIDE PUBLIC NOTICE OF
THE CEMETERY OWNER’S INTENT TO SELL OR TRANSFER THE CEMETERY BY:
  (I )
  PUBLISHING NOTICE OF THE SALE OR TRANSFER IN A
NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY WHERE THE CEMETERY IS
LOCATED FOR 9 SUCCESSIVE WEEKS;
  (II)
  PLACING A WRITTEN NOTICE OF INTENT TO SELL OR
TRANSFER IN THE CEMETERY AT A CONSPICUOUS LOCATION IN FULL PUBLIC VIEW
FOR NOT LESS THAN 60 DAYS;
  (III) PROVIDING      NOTICE    TO   LOCAL   GENEALOGICAL   AND
HISTORICAL SOCIETIES; AND
  (IV) HOLDING A PUBLIC MEETING AT WHICH PUBLIC TESTIMONY
MUST BE OFFERED.
  (2)A PUBLIC NOTICE REQUIRED UNDER PARAGRAPH (1) OF THIS
SUBSECTION SHALL INCLUDE:
  (I )   THE ADDRESS OF THE CEMETERY;
  (II)
  THE ESTIMATED SIZE AND NUMBER OF HUMAN REMAINS OR
PET REMAINS INTERRED IN THE CEMETERY;
  (III) ANY AVAILABLE INFORMATION ABOUT THE CEMETERY FROM
THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION; AND
  (IV) IF AVAILABLE, THE NAME OF THE LAST KNOWN OWNER OF
THE CEMETERY.
  – 10 –
  WES MOORE, Governor  Ch. 545
     (I )  BEFORE APPROVING THE SALE OR TRANSFER OF A CEMETERY UNDER
THIS SECTION, THE DIRECTOR SHALL CONSIDER ANY PUBLIC COMMENTS ABOUT THE
CEMETERY RECEIVED BY THE CEMETERY OWNER AT A PUBLIC HEARING UNDER
SUBSECTION (H)(1)(IV) OF THIS SECTION OR BY THE DIRECTOR, INCLUDING:
  (1)
  WHETHER THE CEMETERY OWNER HAS  CONSIDERED    THE
CONCERNS OF THE DESCENDANT COMMUNITY, INCLUDING:
  (I )
  REASONS FOR THE PROPOSED SALE OR TRANSFER AND
FUTURE PLANS FOR THE PROPERTY;
  (II)
  WHETHER THE CURRENT LOCATION OF THE CEMETERY
HOLDS ANY CULTURAL OR HISTORICAL SIGNIFICANCE;
  (III) THE COST OF DISINTERMENT AND REINTERMENT OF THE
HUMAN REMAINS OR PET REMAINS IN THE CEMETERY AND WHO SHOULD BEAR THE
COST; AND
  (IV) WHERE
  ANY HUMAN REMAINS OR  PET   REMAINS
DISINTERRED FROM THE CEMETERY WOULD BE RELOCATED; AND
  (2)WHETHER THE CEMETERY OWNER RECEIVED OTHER EQUIVALENT
OFFERS FOR PURCHASE OF THE CEMETERY THAT MAY BE LESS DISRUPTIVE TO THE
CEMETERY.
     (J )THE DIRECTOR SHALL APPROVE THE SALE OR TRANSFER OF A
CEMETERY OR PART OF A CEMETERY UNDER THIS SECTION IF:
  (1) THE CEMETERY OWNER SATISFIES ALL THE REQUIREMENTS OF
THIS SECTION; AND
  (2) THE DIRECTOR DETERMINES THAT IT IS IN THE INTEREST OF ALL
THE PARTIES TO SELL OR TRANSFER THE CEMETERY OR PART OF THE CEMETERY.
     (K)  (1) AN ACTION MAY BE BROUGHT IN ACCORDANCE WITH THE
MARYLAND RULES AND A COURT MAY PASS JUDGMENT REGARDING THE SALE OF A
BURIAL GROUND FOR ANOTHER PURPOSE IF ANY PARTY DISPUTES THE DIRECTOR’S
DECISION UNDER SUBSECTION (J) OF THIS SECTION.
  (2)      AN ACTION UNDER PARAGRAPH (1) OF THIS SUBSECTION MAY BE
BROUGHT BY:
  (I )   A PERSON WITH A BURIAL RIGHT IN THE CEMETERY;
  – 11 –
Ch. 545  2026 LAWS OF MARYLAND
  (II)   A DESCENDANT COMMUNITY ORGANIZATION;
  (III) A NONPROFIT ORGANIZATION THAT HAS A PURPOSE OF
PRESERVING THE CEMETERY;
  (IV) A GOVERNMENTAL UNIT WITH A FINANCIAL, REGULATORY,
OR OTHER INTEREST IN THE PROPERTY; OR
  (V)    A PERSON IN INTEREST.
  (3)   THE OWNER OF THE PROPERTY THAT INCLUDES THE CEMETERY
HAS THE BURDEN OF PROOF IN ANY PROCEEDING REGARDING THE DISPOSITION OF
THE PROPERTY AND THE CEMETERY.
      (L) AFTER HEARING FROM ANY PERSON DESCRIBED UNDER SUBSECTION
(K)(2) OF THIS SECTION WHO WISHES TO BE HEARD ON THE PROPOSED SALE,
TRANSFER, OR ALTERNATE USE OF THE CEMETERY UNDER SUBSECTION (K) OF THIS
SECTION, THE COURT SHALL:
  (1)  ALLOW THE PROPOSED SALE, TRANSFER, OR ALTERNATE USE OF
ALL OR PART OF THE CEMETERY;
  (2)  PROHIBIT THE PROPOSED SALE, TRANSFER, OR ALTERNATE USE
OF ALL OR PART OF THE CEMETERY; OR
  (3)   ORDER AN ALTERNATIVE DISPOSITION OF THE CEMETERY.
     (M)  IF THE COURT IS SATISFIED THAT IT IS APPROPRIATE OR WOULD BE IN
THE INTEREST OF A PERSON DESCRIBED IN SUBSECTION (K)(2) OF THIS SECTION TO
SELL THE CEMETERY, THE COURT SHALL:
  (1) PASS A JUDGMENT FOR THE SALE OF THE CEMETERY ON THE
TERMS AND NOTICE THE COURT SETS;
  (2) ORDER THAT AS MUCH OF THE PROCEEDS OF THE SALE AS
NECESSARY BE USED TO PAY THE COSTS OF REMOVING ANY HUMAN REMAINS IN THE
CEMETERY, BUYING BURIAL LOTS IN ANOTHER CEMETERY, AND REBURYING THE
REMAINS; AND
  (3) DISTRIBUTE THE REMAINING PROCEEDS OF THE SALE AMONG THE
PARTIES ACCORDING TO THEIR INTERESTS.
  – 12 –
  WES MOORE, Governor  Ch. 545
     (N)  A JUDGMENT APPROVING THE SALE OF A CEMETERY CONVEYS THE TITLE
OF THE CEMETERY FREE OF THE CLAIMS OF:
  (1)   THE OWNERS OF THE CEMETERY; AND
  (2)   THE HOLDERS OF BURIAL RIGHTS IN THE CEMETERY.
     (O)    IF THE COURT DETERMINES THAT THE SALE OR TRANSFER OF A
CEMETERY IS INAPPROPRIATE AND NOT IN THE BEST INTEREST OF A PERSON
DESCRIBED IN SUBSECTION (K)(2) OF THIS SECTION, THE COURT SHALL:
  (1) (I)   APPROVE THE TRANSFER TO A DESCENDANT COMMUNITY
ORGANIZATION OR OTHER NONPROFIT ORGANIZATION THAT AGREES TO MAINTAIN
AND PRESERVE THE CEMETERY; AND
  (II)
  APPROVE THE PRICE OF THE TRANSFER, INCLUDING A
DONATION OR NOMINAL FEE; OR
  (2)ORDER A NEGOTIATION BETWEEN THE OWNER OF THE CEMETERY
AND THE PERSON THAT WISHES TO ACQUIRE THE CEMETERY.
     (P)    A COURT SHALL MAKE ALL DETERMINATIONS REQUIRED UNDER THIS
SECTION FOR THE DISPOSITION OF A PROPERTY THAT INCLUDES A CEMETERY NOT
MORE THAN 6 MONTHS AFTER THE ACTION UNDER SUBSECTION (K)(2) OF THIS
SECTION IS SERVED.
5–507.
    (A)     IN THIS SECTION, “ABANDONED CEMETERY” MEANS A CEMETERY FOR
WHICH:
  (1)   LEGAL OWNERSHIP CANNOT BE DETERMINED;
  (2)
  THE PERSON WITH LEGAL RESPONSIBILITY FOR OPERATION AND
MAINTENANCE OF THE CEMETERY CANNOT BE DETERMINED;
  (3)   THE ENTITY THAT OPERATED THE CEMETERY HAS CEASED TO
OPERATE; OR
  (4)
  THE REAL PROPERTY ON WHICH THE CEMETERY IS LOCATED HAS
BEEN CONDEMNED.
     (B )   (1)
  THE STATE, A COUNTY, OR A MUNICIPALITY MAY ACQUIRE AN
ABANDONED CEMETERY, INCLUDING OWNERSHIP OF ANY UNOCCUPIED LOTS OR
  – 13 –
 Ch. 545  2026 LAWS OF MARYLAND
BURIAL SITES, FOR THE PURPOSE OF TRANSFERRING OWNERSHIP OF THE
ABANDONED CEMETERY TO A DESCENDANT COMMUNITY ORGANIZATION, VETERANS
ORGANIZATION, OR NONPROFIT ORGANIZATION.
  (2)    A
  DESCENDENT    COMMUNITY    ORGANIZATION,  VETERANS
ORGANIZATION, OR NONPROFIT ORGANIZATION THAT AGREES TO THE TRANSFER OF
TITLE OF A CEMETERY UNDER PARAGRAPH (1) OF THIS SUBSECTION SHALL AGREE
TO PROPERLY MAINTAIN, PRESERVE, AND PROTECT THE CEMETERY.
      (C )
  IF A GOVERNMENTAL ENTITY THAT HAS ACQUIRED AN ABANDONED
CEMETERY UNDER SUBSECTION (B) OF THIS SECTION IS UNABLE TO TRANSFER
OWNERSHIP OF THE ABANDONED CEMETERY WITHIN A REASONABLE PERIOD OF
TIME, THE DIRECTOR MAY FACILITATE THE REINTERMENT OF ANY HUMAN REMAINS
OR PET REMAINS FROM THE ABANDONED CEMETERY TO AN OPERATIONAL CEMETERY
IN A PROFESSIONAL MANNER.
      (D)    (1)
  A GOVERNMENTAL UNIT THAT ACQUIRES PROPERTY ON WHICH AN
ABANDONED CEMETERY IS LOCATED UNDER SUBSECTION (B)(1) OF THIS SECTION
SHALL MAKE TIMELY AND REASONABLE EFFORTS AFTER ACQUISITION TO CONTACT
DESCENDANTS OF THE DECEASED PERSONS INTERRED IN THE ABANDONED
CEMETERY IN ORDER TO IDENTIFY DESCENDANTS, A DESCENDANT COMMUNITY
ORGANIZATION, VETERANS ORGANIZATION, OR NONPROFIT ORGANIZATION TO
WHICH THE PROPERTY MAY BE TRANSFERRED.
  (2)    (I )   A PERSON OR ORGANIZATION LISTED UNDER SUBSECTION
(B)(1) OF THIS SECTION MAY BRING AN ACTION REQUESTING THE COURT TO
TRANSFER PROPERTY ACQUIRED BY A GOVERNMENTAL UNIT UNDER THIS SECTION
TO THE PERSON OR ORGANIZATION.
  (II)
  WITHIN 6 MONTHS AFTER A GOVERNMENTAL UNIT IS
SERVED IN AN ACTION BROUGHT UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH,
THE COURT SHALL MAKE A DETERMINATION ON THE DISPOSITION OF THE
PROPERTY.
  Article – Real Property
14–121.
      (a)    (1)    In this section the following words have the meanings indicated.
  (3)     “Cultural affiliation” means a relationship of shared group identity that
can be reasonably traced historically between a present–day group, tribe, band, or clan and
an identifiable earlier group.
  – 14 –
  WES MOORE, Governor  Ch. 545
  (4)   “Person in interest” means a person who:
  (i)     Is related by blood or marriage to the person interred in a burial
site;
  (ii)  Is a domestic partner, as defined in § 1–101 of the Health –
General Article, of a person interred in a burial site;
  (iii)   Has a cultural affiliation with the person interred in a burial site;
or
  (iv) Has an interest in a burial site that the Office of the State’s
Attorney for the county where the burial site is located recognizes is in the public interest
after consultation with a local burial sites advisory board or, if such a board does not exist,
the Maryland Historical Trust.
5–101.
        (a)   In this title the following words have the meanings indicated.
      (b)    “Alkaline hydrolysis” means the process of reducing human remains using
water, alkaline chemicals, and heat inside a watertight vessel to accelerate decomposition.
       (c)    “Authorizing agent” has the meaning stated in § 5–508 of the Health – General
Article.
        (d)   (1)   “Burial goods” means goods that are used in connection with burial.
  (2)   “Burial goods” includes:
  (i)     a casket;
  (ii)    a grave liner;
  (iii)   a memorial;
  (iv)    a monument;
  (v)     a scroll;
  (vi)    an urn;
  (vii)   a vase; and
  (viii) a vault.
  – 15 –
 Ch. 545  2026 LAWS OF MARYLAND
      (e)     “Burial goods business” means a business that provides burial goods.
      (f)     (1)   “Cemetery” means land used or to be used for interment.
  (2)   “Cemetery” includes:
  (I)    a structure used or to be used for interment; AND
  (II)
  A STRUCTURE USED TO CONDUCT BUSINESS RELATED TO
THE OPERATION OF A CEMETERY.
      (g)     “Cremation” means the disposition of a dead human body by means of
incineration.
      (h)   “Crematory” means a building, portion of a building, or structure that houses
the necessary appliances and facilities for cremation or alkaline hydrolysis.
     (I)  “CULTURAL AFFILIATION” HAS THE MEANING STATED IN § 14–121 OF
THE REAL PROPERTY ARTICLE.
      (J)     “DESCENDANT COMMUNITY ORGANIZATION” MEANS AN ORGANIZATION
THAT HAS MEMBERS WHO HAVE ANCESTORS WHO ARE INTERRED AT A CEMETERY
OR WHO HAVE A CULTURAL AFFILIATION WITH THE DECEASED PERSONS INTERRED
AT A CEMETERY.
      [(i)] (K)     “Director” means the Director of the Office of Cemetery Oversight.
      [(j)] (L)  “Engage in the operation of a cemetery” means owning, controlling, or
managing a cemetery, including performing activities necessary for:
  (1)    the establishment, improvement, care, preservation, or embellishment
of a cemetery;
  (2)   interment; and
  (3)   the providing of burial space or burial goods.
      [(k)] (M)  (1)       “Engage in the operation of a crematory” means controlling or
managing a crematory.
  (2)   “Engage in the operation of a crematory” does not include:
  (i)    the practice of funeral direction or the practice of mortuary
science; or
  – 16 –
  WES MOORE, Governor  Ch. 545
  (ii)   1.   assistance in making decisions and filling out forms that
are not directly related to cremation;
  2.   obtaining vital statistics,        signatures,    and      other
information necessary to complete a death certificate;
  3.    transportation of a body to the place of disposition; or
  4.   any other services regarding the disposition of a body that
are not directly related to cremation.
      [(l)] (N)    (1)   “Engage in the operation of a reduction facility” means
controlling or managing a reduction facility.
  (2)   “Engage in the operation of a reduction facility” does not include:
  (i)    the practice of funeral direction or the practice of mortuary
science; or
  (ii)   1.    assistance in making decisions and filling out forms that
are not directly related to natural organic reduction;
  2.   obtaining vital statistics,        signatures,    and      other
information necessary to complete a death certificate;
  3.    transportation of a body to the place of disposition; or
  4.    any other services regarding the disposition of a body that
are not directly related to natural organic reduction.
      [(m)] (O)    “Funeral establishment” means a building, structure, or premises from
which the business of funeral directing or embalming is conducted.
      [(n)] (P)     (1)    “Human remains” means:
  (i)    the body of a deceased person; or
  (ii)   a part of a body or limb that has been removed from a living
person.
  (2)    “Human remains” includes the body or part of a body or limb in any
state of decomposition.
  (3)   “Human remains” does not include soil remains produced after the
completion of natural organic reduction.
  – 17 –
 Ch. 545  2026 LAWS OF MARYLAND
       [(o)] (Q)    “Hydrolyzed remains” means the bone fragments produced by the
completion of alkaline hydrolysis.
       [(p)] (R)      “Interment” means all final disposition of human remains or pet
remains, including:
  (1)     earth burial;
  (2)     mausoleum entombment; and
  (3)     niche or columbarium interment.
      [(q)] (S)   “Natural organic reduction”  means    the   contained   accelerated
conversion of human remains into soil.
       [(r)] (T)      “Office” means the Office of Cemetery Oversight.
       [(s)] (U)     “Permit” means a permit issued by the Director to allow a partnership,
limited liability company, or corporation to operate a business through which a registrant
may:
  (1)     engage in the operation of a cemetery or crematory; or
  (2)     provide burial goods.
       [(t)] (V)      (1)    “Pet remains” means the body of a deceased animal that was kept
as a pet.
  (2)    “Pet remains” includes the body of a pet or a part of a pet’s body in any
state of decomposition or the body of a pet after having been cremated.
       [(u)] (W)      (1)    “Preneed goods” means burial goods that are sold before the
buyer’s death.
  (2)     “Preneed goods” does not include burial space.
       [(v)] (X)      “Provide burial goods” means a retail transaction:
  (1)     to erect, service, or inscribe burial memorials; or
  (2)     to sell burial goods.
      [(w)] (Y)    “Reduction facility” means a building, portion of a building, or structure
that houses the necessary appliances, containers, and facilities for performing natural
organic reduction.
  – 18 –
  WES MOORE, Governor  Ch. 545
      [(x)] (Z)     “Registered cemeterian” means an individual registered to operate a
cemetery as a sole proprietor or on behalf of a sole proprietor or of a permit holder.
      [(y)] (AA) “Registered crematory operator” means an individual registered to
operate a crematory as a sole proprietor or on behalf of a sole proprietor or permit holder.
      [(z)] (BB) “Registered reduction operator” means an individual registered to
operate a reduction facility as a sole proprietor or on behalf of a sole proprietor or a permit
holder.
      [(aa)] (CC) “Registered seller” means an individual registered to provide burial
goods as a sole proprietor or on behalf of a sole proprietor or of a permit holder.
       [(bb)] (DD) “Registration” means a registration issued by the Director authorizing
an individual to operate a cemetery, to operate a crematory, to operate a reduction facility,
or to provide burial goods.
      [(cc)] (EE)   “Responsible party” means a sole proprietor or the individual
designated by a partnership, limited liability company, or corporation to be responsible for
the operations of a cemetery, crematory, reduction facility, or burial goods business.
      [(dd)] (FF) “Soil remains” means the soil produced at final disposition of a dead
human body at a reduction facility by completion of natural organic reduction.
5–505.
      (a)  IN THIS SECTION, “PERSON IN INTEREST” HAS THE MEANING STATED IN
§ 14–121 OF THE REAL PROPERTY ARTICLE.
      (B) (1) An action may be brought in accordance with the Maryland Rules [and
a court may pass a judgment for sale of a burial ground for another purpose if:
  (1)    the ground has been dedicated and used for burial;
  (2)   burial lots have been sold in the burial ground and deeds executed or
certificates issued to buyers of the lots;
  (3)    the ground has ceased to be used for burial; and
  (4)    it is desirable to dispose of the burial ground for another purpose]
WHEN THE OWNER OF PROPERTY THAT INCLUDES A CEMETERY PROPOSES THE
SALE, TRANSFER, OR ALTERNATE USE OF ALL OR PART OF THE CEMETERY THAT
DOES NOT CONFORM WITH THE OPERATION OF A CEMETERY.
  – 19 –
Ch. 545  2026 LAWS OF MARYLAND
  (2)       AN ACTION UNDER PARAGRAPH (1) OF THIS SUBSECTION MAY BE
BROUGHT BY:
  (I)    A PERSON WITH A BURIAL RIGHT IN THE CEMETERY;
  (II)   A DESCENDANT COMMUNITY ORGANIZATION;
  (III) A NONPROFIT ORGANIZATION THAT HAS A PURPOSE OF
PRESERVING THE CEMETERY;
  (IV)   A GOVERNMENTAL UNIT WITH AN INTEREST IN THE
PROPERTY; OR
  (V)    A PERSON IN INTEREST.
  (3)    THE OWNER OF THE PROPERTY THAT INCLUDES THE CEMETERY
HAS THE BURDEN OF PROOF IN ANY PROCEEDING REGARDING THE DISPOSITION OF
THE PROPERTY AND THE CEMETERY.
      (C)  AFTER HEARING FROM ANY PERSON DESCRIBED UNDER SUBSECTION
(B)(2) OF THIS SECTION WHO WISHES TO BE HEARD ON THE PROPOSED SALE,
TRANSFER, OR ALTERNATE USE OF THE CEMETERY UNDER SUBSECTION (B) OF THIS
SECTION, THE COURT SHALL:
  (1) ALLOW THE PROPOSED SALE, TRANSFER, OR ALTERNATE USE OF
ALL OR PART OF THE CEMETERY;
  (2) PROHIBIT THE PROPOSED SALE, TRANSFER, OR ALTERNATE USE
OF ALL OR PART OF THE CEMETERY; OR
  (3)    ORDER AN ALTERNATIVE DISPOSITION OF THE CEMETERY.
      [(b)] (D)      If the court is satisfied that it is [expedient] APPROPRIATE or would
be in the interest of [the parties] A PERSON DESCRIBED IN SUBSECTION (B)(2) OF THIS
SECTION to sell the [burial ground] CEMETERY, the court SHALL:
  (1)  [may] pass a judgment for the sale of the [burial ground] CEMETERY
on the terms and notice the court sets;
  (2)  [shall] order that as much of the proceeds of the sale as necessary be
used to pay the expenses of removing any human remains in the [burial ground]
CEMETERY, buying burial lots in another [burial ground] CEMETERY, and reburying the
remains; and
  – 20 –
  WES MOORE, Governor  Ch. 545
  (3)    [shall] distribute the remaining proceeds of the sale among the parties
according to their interests.
      [(c)] (E)     A judgment [for] APPROVING the sale of a [burial ground passes to the
buyer of the burial ground] CEMETERY CONVEYS the title [to the burial ground] OF THE
CEMETERY free of the claims of:
  (1)   the owners of the [burial ground] CEMETERY; and
  (2)   the holders of burial [lots] RIGHTS IN THE CEMETERY.
      (F)    IF THE COURT DETERMINES THAT THE SALE OR TRANSFER OF A
CEMETERY IS INAPPROPRIATE AND NOT IN THE BEST INTEREST OF A PERSON
DESCRIBED IN SUBSECTION (B)(2) OF THIS SECTION, THE COURT SHALL:
  (1) (I)   APPROVE THE TRANSFER TO A DESCENDANT COMMUNITY
ORGANIZATION OR OTHER NONPROFIT ORGANIZATION THAT AGREES TO MAINTAIN
AND PRESERVE THE CEMETERY; AND
  (II)
  APPROVE THE PRICE OF THE TRANSFER, INCLUDING A
DONATION OR NOMINAL FEE; OR
  (2)
  ORDER A NEGOTIATION BETWEEN THE OWNER OF THE CEMETERY
AND THE PERSON THAT WISHES TO ACQUIRE IT.
[5–506.
     (a)    An action may be brought in accordance with the Maryland Rules and a court
may pass a judgment for sale of a burial ground in Baltimore City for another purpose if:
  (1)   the ground has been dedicated and used for burial;
  (2)    burial lots have been sold in the burial ground and deeds executed or
other written instruments issued to buyers of the lots without provision being made for
perpetual care of the lots; and
  (3)   more than 75% of the area of the burial ground:
  (i)    has been abandoned; or
  (ii)   is harmful to the public health, safety, or welfare.
      (b)    The action may be brought by:
  – 21 –
 Ch. 545  2026 LAWS OF MARYLAND
  (1)   a person with a property right in the burial ground; or
  (2)   a governmental unit with an interest in ending the conditions that are
harmful to the public health, safety, or welfare.
      (c)  If the court is satisfied that more than 75% of the area of a burial ground has
been abandoned or is harmful to the public health, safety, or welfare, the court:
  (1)    may pass a judgment for the sale of the entire burial ground on the
terms and notice the court sets; and
  (2)   may appoint a trustee to sell the burial ground.
       (d)     The trustee shall distribute the sale proceeds:
  (1)    first, to pay the expenses of removing any human remains, that, with
reasonable care, can be definitely located in the burial ground, buying burial lots in another
burial ground, and reburying the remains;
  (2)   second, to pay expenses of removing any markers that are in good
condition from the old lots and relocating the markers on new lots;
  (3)    third, to pay the expenses of ending conditions that are harmful to the
public health, safety, or welfare, unless the contract of sale of the burial ground provides
for abatement of those conditions within a reasonable period of time after the sale is
completed;
  (4)   fourth, to pay the costs of necessary legal proceedings, including court
costs, trustee’s commissions, and legal fees;
  (5)   fifth, to pay in full any taxes; and
  (6)   finally, to pay the balance of the proceeds to the person who,
immediately before the sale, had record title to the burial ground in its entirety according
to the land records of Baltimore City.
       (e)     A judgment for the sale of a burial ground or a deed or other conveyancing
instrument executed by a trustee under this section passes to the buyer of the burial ground
the title to the burial ground free of:
  (1)   the claims of the owners of the burial ground;
  (2)   the claims of the holders of burial lots; and
  (3)   the intended or actual use or dedication of the land in the burial ground
for burial.]
  – 22 –
  WES MOORE, Governor  Ch. 545
  Article – Real Property
14–121.
        (a)   (1)   In this section the following words have the meanings indicated.
  (3)     “Cultural affiliation” means a relationship of shared group identity that
can be reasonably traced historically between a present–day group, tribe, band, or clan and
an identifiable earlier group.
  (4)   “Person in interest” means a person who:
  (i)     Is related by blood or marriage to the person interred in a burial
site;
  (ii)   Is a domestic partner, as defined in § 1–101 of the Health –
General Article, of a person interred in a burial site;
  (iii)   Has a cultural affiliation with the person interred in a burial site;
or
  (iv) Has an interest in a burial site that the Office of the State’s
Attorney for the county where the burial site is located recognizes is in the public interest
after consultation with a local burial sites advisory board or, if such a board does not exist,
the Maryland Historical Trust.
[5–505.
     (a)    An action may be brought in accordance with the Maryland Rules and a court
may pass a judgment for sale of a burial ground for another purpose if:
  (1)   the ground has been dedicated and used for burial;
  (2)   burial lots have been sold in the burial ground and deeds executed or
certificates issued to buyers of the lots;
  (3)   the ground has ceased to be used for burial; and
  (4)   it is desirable to dispose of the burial ground for another purpose.
      (b)     If the court is satisfied that it is expedient or would be in the interest of the
parties to sell the burial ground, the court:
  (1)    may pass a judgment for the sale of the burial ground on the terms and
notice the court sets;
  – 23 –
 Ch. 545  2026 LAWS OF MARYLAND
  (2)    shall order that as much of the proceeds of the sale as necessary be used
to pay the expenses of removing any human remains in the burial ground, buying burial
lots in another burial ground, and reburying the remains; and
  (3)    shall distribute the remaining proceeds of the sale among the parties
according to their interests.
      (c)    A judgment for the sale of a burial ground passes to the buyer of the burial
ground the title to the burial ground free of the claims of:
  (1)    the owners of the burial ground; and
  (2)    the holders of burial lots.]
5–505.
      (A)    IN THIS SECTION, “CEMETERY OWNER” MEANS:
  (1)    A REGISTERED CEMETERIAN;
  (2)    A PERMIT HOLDER UNDER SUBTITLE 4 OF THIS TITLE; OR
  (3)
  AN OWNER OF A CEMETERY THAT IS EXEMPT FROM THE
REGISTRATION AND PERMITTING REQUIREMENTS UNDER § 5–102 OF THIS TITLE.
     (B) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTIONS (G) AND (H) OF THIS
SECTION, THIS SECTION DOES NOT APPLY TO A RELIGIOUS ORGANIZATION THAT IS
A CEMETERY OWNER.
      (C)    (1)
  A REGISTERED CEMETERIAN OR PERMIT HOLDER MAY NOT SELL
OR TRANSFER A CEMETERY, IN WHOLE OR IN PART, TO ANOTHER PERSON FOR A USE
OTHER THAN AS A CEMETERY WITHOUT THE APPROVAL OF THE DIRECTOR.
  (2)
  THE OWNER OF A CEMETERY THAT IS EXEMPT FROM THE
REGISTRATION AND PERMITTING REQUIREMENTS UNDER § 5–102 OF THIS TITLE
MAY NOT SELL OR TRANSFER THE CEMETERY, IN WHOLE OR IN PART, TO ANOTHER
PERSON WITHOUT THE APPROVAL OF THE DIRECTOR.
      (D)  BEFORE APPROVING THE SALE OR TRANSFER OF A CEMETERY UNDER
THIS SECTION, THE DIRECTOR SHALL:
  (1)    REQUIRE A CEMETERY OWNER TO SUBMIT TO THE DIRECTOR:
  – 24 –
  WES MOORE, Governor  Ch. 545
  (I)    AN APPLICATION UNDER SUBSECTION (E) OF THIS SECTION;
  (II) A COMPLETED PRESERVATION PLAN UNDER SUBSECTION
(F) OF THIS SECTION; AND
  (III) SATISFACTORY EVIDENCE OF COMPLETION OF THE PUBLIC
NOTICE REQUIREMENTS UNDER SUBSECTION (H) OF THIS SECTION; AND
  (2) REVIEW AND CONSIDER ANY PUBLIC COMMENTS REGARDING THE
CEMETERY IN ACCORDANCE WITH SUBSECTION (I) OF THIS SECTION.
     (E)   (1) TO REQUEST APPROVAL TO SELL OR TRANSFER A CEMETERY
UNDER SUBSECTION (C) OF THIS SECTION, A CEMETERY OWNER SHALL SUBMIT AN
APPLICATION TO THE DIRECTOR ON THE FORM THAT THE DIRECTOR PROVIDES.
  (2) IN ADDITION TO ANY OTHER INFORMATION REQUIRED ON AN
APPLICATION FORM, THE FORM SHALL REQUIRE:
  (I)    THE NAME AND ADDRESS OF EACH CEMETERY OWNER;
  (II)
  NOTICE OF THE INTENT TO SELL OR TRANSFER THE
CEMETERY, IN WHOLE OR IN PART;
  (III) A DESCRIPTION OF THE CEMETERY OR PART OF THE
CEMETERY INTENDED FOR SALE OR TRANSFER, INCLUDING THE NAME, LOCATION,
SIZE, ESTIMATED NUMBER OF HUMAN REMAINS AND PET REMAINS INTERRED IN THE
CEMETERY, AND NUMBER OF UNUSED OR UNSOLD BURIAL SITES;
  (IV) THE NAME AND CONTACT INFORMATION OF ANY POTENTIAL
BUYERS OR TRANSFEREES OF THE CEMETERY, IF KNOWN;
  (V)
  AN AGREEMENT TO SUBMIT A PRESERVATION PLAN IN
ACCORDANCE WITH SUBSECTION (F) OF THIS SECTION; AND
  (VI)A COPY OF       THE      PUBLIC   NOTICE   REQUIRED   UNDER
SUBSECTION (H) OF THIS SECTION.
     (F)   (1)   A CEMETERY OWNER SHALL, IN CONSULTATION WITH THE
DIRECTOR, DEVELOP A PRESERVATION PLAN FOR A CEMETERY THAT THE
CEMETERY OWNER INTENDS TO SELL OR TRANSFER.
  (2)   IN DEVELOPING THE PRESERVATION PLAN UNDER PARAGRAPH
(1) OF THIS SUBSECTION, THE CEMETERY OWNER SHALL COMPLY WITH SUBSECTION
(G) OF THIS SECTION.
  – 25 –
Ch. 545  2026 LAWS OF MARYLAND
     (G)   EACH CEMETERY OWNER, INCLUDING A RELIGIOUS ORGANIZATION
THAT IS A CEMETERY OWNER, SHALL ATTEMPT TO IDENTIFY AND CONTACT:
  (1) ANY DESCENDENT OR DESCENDENT COMMUNITY ORGANIZATION
OF AN INDIVIDUAL INTERRED IN THE CEMETERY;
  (2)ANY INDIVIDUAL OR FAMILY WHO HAS PURCHASED AN UNUSED
PLOT IN THE CEMETERY; AND
  (3)   ANY PERSON THAT HAS WORKED TO MAINTAIN THE ABANDONED
CEMETERY.
     (H)    (1)BEFORE A CEMETERY OWNER, INCLUDING A RELIGIOUS
ORGANIZATION THAT IS A CEMETERY OWNER, MAY SELL OR TRANSFER A CEMETERY
UNDER THIS SECTION, THE CEMETERY OWNER SHALL PROVIDE PUBLIC NOTICE OF
THE CEMETERY OWNER’S INTENT TO SELL OR TRANSFER THE CEMETERY BY:
  (I)
  PUBLISHING NOTICE OF THE SALE OR TRANSFER IN A
NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY WHERE THE CEMETERY IS
LOCATED FOR 9 SUCCESSIVE WEEKS;
  (II)
  PLACING A WRITTEN NOTICE OF INTENT TO SELL OR
TRANSFER IN THE CEMETERY AT A CONSPICUOUS LOCATION IN FULL PUBLIC VIEW
FOR NOT LESS THAN 60 DAYS;
  (III) PROVIDING NOTICE  TO   LOCAL   GENEALOGICAL   AND
HISTORICAL SOCIETIES; AND
  (IV)       HOLDING A PUBLIC MEETING AT WHICH PUBLIC TESTIMONY
MUST BE OFFERED.
  (2)A PUBLIC NOTICE REQUIRED UNDER PARAGRAPH (1) OF THIS
SUBSECTION SHALL INCLUDE:
  (I)    THE ADDRESS OF THE CEMETERY;
  (II)
  THE ESTIMATED SIZE AND NUMBER OF HUMAN REMAINS OR
PET REMAINS INTERRED IN THE CEMETERY;
  (III) ANY AVAILABLE INFORMATION ABOUT THE CEMETERY
FROM THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION; AND
  – 26 –
  WES MOORE, Governor  Ch. 545
  (IV)   IF AVAILABLE, THE NAME OF THE LAST KNOWN OWNER OF
THE CEMETERY.
     (I)  BEFORE APPROVING THE SALE OR TRANSFER OF A CEMETERY UNDER
THIS SECTION, THE DIRECTOR SHALL CONSIDER ANY PUBLIC COMMENTS ABOUT
THE CEMETERY RECEIVED BY THE CEMETERY OWNER AT A PUBLIC HEARING UNDER
SUBSECTION (H)(1)(IV) OF THIS SECTION OR BY THE DIRECTOR, INCLUDING:
  (1) WHETHER THE CEMETERY OWNER HAS  CONSIDERED    THE
CONCERNS OF THE DESCENDANT COMMUNITY, INCLUDING:
  (I)REASONS FOR THE PROPOSED SALE OR TRANSFER AND
FUTURE PLANS FOR THE PROPERTY;
  (II)
  WHETHER THE CURRENT LOCATION OF THE CEMETERY
HOLDS ANY CULTURAL OR HISTORICAL SIGNIFICANCE;
  (III) THE COST OF DISINTERMENT AND REINTERMENT OF THE
HUMAN REMAINS OR PET REMAINS IN THE CEMETERY AND WHO SHOULD BEAR THE
COST; AND
  (IV)
  WHERE ANY HUMAN REMAINS OR  PET   REMAINS
DISINTERRED FROM THE CEMETERY WOULD BE RELOCATED; AND
  (2) WHETHER THE CEMETERY OWNER RECEIVED OTHER EQUIVALENT
OFFERS FOR PURCHASE OF THE CEMETERY THAT MAY BE LESS DISRUPTIVE TO THE
CEMETERY.
     (J) THE DIRECTOR SHALL APPROVE THE SALE OR TRANSFER OF A
CEMETERY OR PART OF A CEMETERY UNDER THIS SECTION IF:
  (1) THE CEMETERY OWNER SATISFIES ALL THE REQUIREMENTS OF
THIS SECTION; AND
  (2)  THE DIRECTOR DETERMINES THAT IT IS IN THE INTEREST OF ALL
THE PARTIES TO SELL OR TRANSFER THE CEMETERY OR PART OF THE CEMETERY.
     (K)   AN ACTION MAY BE BROUGHT IN ACCORDANCE WITH THE MARYLAND
RULES AND A COURT MAY PASS JUDGMENT REGARDING THE SALE OF A BURIAL
GROUND FOR ANOTHER PURPOSE IF ANY PARTY DISPUTES THE DIRECTOR’S
DECISION UNDER SUBSECTION (J) OF THIS SECTION.
5–507.
  – 27 –
Ch. 545  2026 LAWS OF MARYLAND
    (A)    IN THIS SECTION, “ABANDONED CEMETERY” MEANS A CEMETERY FOR
WHICH:
  (1)   LEGAL OWNERSHIP CANNOT BE DETERMINED;
  (2)THE PERSON WITH LEGAL RESPONSIBILITY FOR OPERATION AND
MAINTENANCE OF THE CEMETERY CANNOT BE DETERMINED;
  (3)   THE ENTITY THAT OPERATED THE CEMETERY HAS CEASED TO
OPERATE; OR
  (4)
  THE REAL PROPERTY ON WHICH THE CEMETERY IS LOCATED HAS
BEEN CONDEMNED.
     (B)   (1) THE STATE, A COUNTY, OR A MUNICIPALITY MAY ACQUIRE AN
ABANDONED CEMETERY, INCLUDING OWNERSHIP OF ANY UNOCCUPIED LOTS OR
BURIAL SITES, FOR THE PURPOSE OF TRANSFERRING OWNERSHIP OF THE
ABANDONED CEMETERY TO A DESCENDANT COMMUNITY ORGANIZATION OR A
NONPROFIT ORGANIZATION.
  (2)   A DESCENDENT COMMUNITY ORGANIZATION OR NONPROFIT
ORGANIZATION THAT AGREES TO THE TRANSFER OF TITLE OF A CEMETERY UNDER
PARAGRAPH (1) OF THIS SUBSECTION SHALL AGREE TO PROPERLY MAINTAIN,
PRESERVE, AND PROTECT THE CEMETERY.
     (C) IF A GOVERNMENTAL ENTITY THAT HAS ACQUIRED AN ABANDONED
CEMETERY UNDER SUBSECTION (B) OF THIS SECTION IS UNABLE TO TRANSFER
OWNERSHIP OF THE ABANDONED CEMETERY WITHIN A REASONABLE PERIOD OF
TIME, THE DIRECTOR MAY FACILITATE THE REINTERMENT OF ANY HUMAN REMAINS
OR PET REMAINS FROM THE ABANDONED CEMETERY TO AN OPERATIONAL
CEMETERY IN A PROFESSIONAL MANNER.
      SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.
Approved by the Governor, May 12, 2026.
  – 28 –