Sec. 19a-310. (Formerly Sec. 19-161). Approval of vaults above ground by Department of Public Health. Fees. No person shall construct any vault, crypt, columbarium or mausoleum for public use, wholly or partially above the surface of the ground,
to be used to contain the body of any dead person (1) unless the same is located within
the confines of an established cemetery containing not less than five acres, which cemetery has been in existence and operation for a period of at least five years immediately
preceding the time of the erection thereof, or (2) if located within a cemetery containing
less than five acres, such location has been approved by the selectmen of any town, the
mayor and council or board of aldermen of any city and the warden and burgesses of
any borough; except that in any town, city or borough having a zoning commission or
combined planning and zoning commission, such commission shall have the authority
to grant such approval; nor until plans and specifications for such vault, crypt, columbarium or mausoleum are approved by the Department of Public Health and a fee of one
thousand dollars is paid to the Department of Public Health for its review and approval
of such plans and specifications, provided a columbarium which is used solely as a
repository for the remains, after cremation, of deceased persons and is located on the
premises of any religious society or corporation shall not be subject to the provisions
of this section. Such plans and specifications shall set forth the sections, halls, rooms,
corridors, elevators or other subdivisions thereof, with their descriptive names and numbers, and shall provide: (a) That such structure be so arranged that the cell, niche or
crypt may be readily examined at any time by any person authorized by law to do so;
(b) that the materials of which such structure is to be constructed are to be of the best
quality and of a character best suited for the purposes intended; and (c) that the structure
shall be so constructed as to insure its durability and permanence as well as the safety,
convenience, comfort and health of the community in which it is located, as dictated
and determined at the time by modern mausoleum construction and engineering science.
The person making the application shall file a certificate of such approval, signed by
the Commissioner of Public Health, with a copy of such plans and specifications, in the
office of the town clerk of the town wherein such structure is to be erected, and such
clerk shall retain the same on file.
(1949 Rev., S. 4706; 1969, P.A. 30; 1971, P.A. 34, S. 1; P.A. 77-614, S. 323, 610; P.A. 87-490, S. 4; May Sp. Sess.
P.A. 92-6, S. 9, 117; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: 1969 act deleted requirement that crypt or cell be constructed so as to be hermetically and permanently sealed
stated in former Subdiv. (b) and redesignated remaining subdivisions accordingly; 1971 act excluded columbarium used
solely for cremated remains and located on premises of religious society or corporation from provisions of section; P.A.
77-614 replaced department and commissioner of health with department and commissioner of health services, effective
January 1, 1979; Sec. 19-161 transferred to Sec. 19a-310 in 1983; P.A. 87-490 inserted Subdiv. (2) concerning approvals
in cemeteries containing less than five acres; May Sp. Sess. P.A. 92-6 established a fee of one thousand dollars for review
and approval of plans; P.A. 93-381 replaced department and commissioner of health services with department and commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department
of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
See Sec. 19a-314 re penalty for violation of this section.
Sec. 19a-311. (Formerly Sec. 19-162). Inspection. Burial prohibited until certificate obtained. Such structure shall be erected under the supervision of an inspector
to be appointed by the Department of Public Health, which shall determine the amount
of his compensation, such compensation to be paid by the person erecting the same. No
vault, crypt, niche, mausoleum, columbarium or structure, and no addition or alteration
thereof, shall be used for the purpose of interring therein any body until the person, firm
or corporation operating such structure has obtained from said department a certificate,
signed by the Commissioner of Public Health, certifying that the plans and specifications
filed pursuant to the provisions of section 19a-310 have been complied with, and that
the requirements for a maintenance fund provided for in subsection (b) of section 19a-312 have been complied with, which certificate shall be filed in the office of the town
clerk of the town wherein the community mausoleum is located, provided a columbarium
which is used solely as a repository for the remains, after cremation of deceased persons
and is located on the premises of any religious society or corporation shall not be subject
to the provisions of this section.
(1949 Rev., S. 4707; 1971, P.A. 34, S. 2; P.A. 77-614, S. 323, 610; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58;
P.A. 96-180, S. 59, 166.)
History: 1971 act excluded columbarium used solely for cremated remains and located on premises of religious society
or corporation from provisions of section; P.A. 77-614 replaced department and commissioner of health with department
and commissioner of health services, effective January 1, 1979; Sec. 19-162 transferred to Sec. 19a-311 in 1983; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July
1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner
and Department of Public Health, effective July 1, 1995; P.A. 96-180 made a technical change, effective June 3, 1996.
See Sec. 19a-314 re penalty for violation of this section.
Sec. 19a-312. (Formerly Sec. 19-163). Sale of crypts. Maintenance. (a) No crypt
or room in any mausoleum not privately owned, or niche in a columbarium not so owned,
shall be sold or offered for sale, until such structure is entirely completed.
(b) There shall be established and maintained a fund for the perpetual care and
maintenance of each such mausoleum and columbarium, by applying in the case of a
mausoleum not less than the sum of one hundred dollars from the proceeds received
from the sale of each crypt and ten per cent of the proceeds received from the sale of
each room; and in case of niches in a mausoleum or columbarium, used as a repository
for the remains of deceased persons after cremation, a sum which shall be equivalent
to ten per cent of the sale price of each niche. If sales of crypts or rooms in any such
mausoleum, or sales of niches in any such mausoleum or columbarium, are made upon
a partial payment plan, there shall be set apart and applied to said maintenance fund
from each such payment such proportion thereof as the number of partial payments
bears to the total amount of the sum required to be set aside for such fund.
(c) When any mausoleum, vault, crypt or structure containing one or more deceased
human bodies, in the opinion of the Department of Public Health, becomes a menace
to public health, and the owner or owners thereof fail to remedy or remove the same to
the satisfaction of said department, any court of competent jurisdiction may order the
person, firm or corporation owning such structure to remove the deceased body or bodies
for interment in some suitable cemetery at the expense of the person, firm or corporation
owning such mausoleum, vault or crypt. If no such person, firm or corporation can be
found in the county where such mausoleum, vault or crypt is located, such removal
and interment shall be at the expense of the cemetery, city or town within which such
mausoleum, vault or crypt is located, or of the cemetery association in charge of any
such cemetery.
(d) Any cemetery or mausoleum maintained or constructed contrary to the provisions of this chapter shall be deemed a public nuisance and may be enjoined in an action
brought by any taxpayer of this state.
(1949 Rev., S. 4708; P.A. 77-614, S. 323, 610; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; Sec.
19-163 transferred to Sec. 19a-312 in 1983; P.A. 93-381 replaced department of health services with department of public
health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health
and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
See Sec. 19a-314 re penalty for violation of this section.
Sec. 19a-313. (Formerly Sec. 19-161a). Burials above ground restricted. No
person shall be buried, interred or entombed in any burying ground, or in any vault,
niche, crypt, columbarium, mausoleum or structure wholly or partially above the surface
of the ground, unless such burying ground or structure is located within the confines of
an established cemetery which is owned, managed or controlled by a municipality,
ecclesiastical society, cemetery association or corporation, as provided in this chapter,
or a private burying ground or structure approved by the Department of Public Health.
(P.A. 75-138; P.A. 77-614, S. 323, 610; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; Sec.
19-161a transferred to Sec. 19a-313 in 1983; P.A. 93-381 replaced department of health services with department of public
health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health
and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
Sec. 19a-314. (Formerly Sec. 19-164). Penalty. Any officer, manager or agent of
any corporation or association, or any other person, who violates any provision of section
19a-296, 19a-307, 19a-310, 19a-311 or 19a-312 shall be fined not more than five hundred dollars or imprisoned not more than six months or both; but no provision of said
sections shall prohibit or apply to the construction of temporary receiving vaults.
(1949 Rev., S. 4709.)
History: Sec. 19-164 transferred to Sec. 19a-314 in 1983.
Sec. 19a-314a. Disclosure of dispute resolution procedure relating to the sale
of any item or service by a town, ecclesiastical society or cemetery association which
owns, manages or controls a cemetery. "Cemetery" defined. (a) As used in this
section, "cemetery" means any place performing interments on or after October 1, 1995.
(b) Each town, ecclesiastical society or cemetery association which owns, manages
or controls a cemetery shall disclose to each consumer, in writing at the time of the sale
of any item or service, any dispute resolution procedure of such town, ecclesiastical
society or cemetery association. The written disclosure shall also indicate that the consumer may contact the Department of Public Health or local public health director if
the consumer has any complaints which concern violations of sections 7-64 to 7-72,
inclusive, 19a-310 and 19a-311.
(P.A. 95-184, S. 1, 2; 95-257, S. 12, 21, 58; P.A. 01-195, S. 140, 181.)
History: P.A. 95-257 authorized substitution of Commissioner and Department of Public Health for Commissioner and
Department of Public Health and Addiction Services, effective July 1, 1995; P.A. 01-195 made technical changes in
Subsecs. (a) and (b), effective July 11, 2001.
Sec. 19a-315. "Ancient burial place", "burial ground authority" and "grave
marker" defined. For purposes of sections 19a-315 to 19a-315c, inclusive:
(1) "Ancient burial place" means any tract of land within any municipality which
has been used or has been in existence as a burial ground for more than one hundred
years;
(2) "Burial ground authority" means the town, ecclesiastical society or cemetery
association, as the case may be; and
(3) "Grave marker" means any of the following when used to mark graves in an
ancient burial place, cemetery or burial ground: Tombs, monuments, gravestones, or
fragments thereof and fences or curbing which enclose individual or family burial plots.
(P.A. 84-280, S. 1; P.A. 85-319, S. 1.)
History: P.A. 85-319 included the definition of "grave marker" and applied the definitions to Sec. 19a-315c.
Sec. 19a-315a. Use of ancient burial place. No municipality shall alienate or appropriate any ancient burial place to any use other than that of a burial ground. No
portion of any ancient burial place shall be taken for public use without the approval of
the General Assembly. If any ancient burial place is appropriated for any other use and
the bodies buried therein or the grave markers marking the same are removed, the burial
ground authority shall preserve a record of such removal indicating the date of such
removal and the site or place to which such removal was made.
(P.A. 84-280, S. 2; P.A. 85-319, S. 2.)
History: P.A. 85-319 inserted "grave marker" in place of "monuments, gravestones or other memorials".
See Sec. 53a-218 re penalty for interference with cemetery or burial ground.
See Sec. 53a-219 re penalty for unlawful possession or sale of gravestones.
Sec. 19a-315b. Protection of grave markers. No grave marker within any cemetery or burial place shall be destroyed, injured or removed except in accordance with
the provisions of either this section or section 19a-315c. Any such grave marker may
be removed for the purpose of reproduction, preservation or display in an accredited
museum upon (1) (A) the consent of the owner of the burial rights for the lot in which
such grave marker is placed or the consent of a lineal descendant of the deceased, whose
qualifications for giving such consent shall be determined by the burial ground authority,
or (B) if such owner or qualified lineal descendant is unknown or does not respond
within thirty days to a request for consent sent by registered or certified mail to such
person's last known address, with the consent of the burial ground authority, and (2)
the order of the probate court for the district in which such burial lot is located. Upon
written application of such consenting owner, qualified lineal descendant or burial
ground authority, the probate court may, after a hearing, with notice of such hearing
having been given to the burial ground authority, the owner, the qualified lineal descendant, the Connecticut Commission on Culture and Tourism and otherwise as the court
deems appropriate, order the removal of such grave marker if it finds that such removal
is necessary or desirable for the protection and preservation of such grave marker.
(P.A. 84-280, S. 3; P.A. 85-319, S. 3; June 30 Sp. Sess. P.A. 03-6, S. 210(e); P.A. 04-20, S. 3; 04-205, S. 5; May Sp.
Sess. P.A. 04-2, S. 30.)
History: P.A. 85-319 made numerous changes concerning giving of consent and removed provisions concerning subjects
covered by Sec. 19a-315c; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-20 replaced the Connecticut Historical Commission
with the Connecticut Commission on Arts, Tourism, Culture, History and Film, effective August 20, 2003; P.A. 04-205,
effective June 3, 2004, and May Sp. Sess. P.A. 04-2, effective May 12, 2004, both replaced Connecticut Commission on
Arts, Tourism, Culture, History and Film with Connecticut Commission on Culture and Tourism.
See Sec. 53a-218 re penalty for interference with cemetery or burial ground.
See Sec. 53a-219 re penalty for unlawful possession or sale of gravestones.
Sec. 19a-315c. Maintenance of burial places. (a) Notwithstanding the provisions
of section 19a-315b, a burial ground authority shall have the right to properly maintain
an ancient burial place, cemetery or burial place, which right shall include: (1) Repair,
rehabilitation, repositioning or resetting of grave markers in accordance with the rules
and regulations of the burial ground authority; and (2) the renovation of the ancient
burial place, cemetery or burial place as a whole.
(b) For purposes of subsection (a), no renovation of an ancient burial place, cemetery
or burial place as a whole may be commenced until after: (1) The burial ground authority
has conspicuously posted within the ancient burial place, cemetery or burial place, for
a period of not less than ninety days, a notice that such renovation shall take place; and
(2) the burial ground authority, at least ninety days before commencing a renovation,
has provided written notice to the probate court having jurisdiction over the location of
the burial place and to the Connecticut Commission on Culture and Tourism. Such
notice to the probate court shall describe the renovation plans and include photographs
of any area or grave marker involved.
(c) Following the notice period provided for in subsection (b), and subject to the
provisions of subsection (d) a burial ground authority may renovate an ancient burial
place, cemetery or burial place by: (1) The removal of any or all fencing, railing or
curbing, if such removal is determined by the burial ground authority to be necessary
or desirable for the proper and efficient maintenance of the ancient burial place, cemetery
or burial place as a whole; and (2) the repositioning or resetting of any monument or
tombstone.
(d) At any time prior to the expiration of the notice period provided for in subsection
(b), the probate court may assume jurisdiction over such renovation and order a hearing,
with notice of such hearing to be given to the burial ground authority, the owner, the
qualified lineal descendant, the Connecticut Commission on Culture and Tourism and
otherwise as the court deems appropriate, to determine whether such renovation is necessary for the proper and efficient maintenance of the ancient burial place, cemetery or
burial place as a whole. Upon notice of such hearing, the burial ground authority shall
not proceed with such renovation except in accordance with the order of the probate
court.
(P.A. 85-319, S. 4; June 30 Sp. Sess. P.A. 03-6, S. 210(e); P.A. 04-20, S. 3; 04-205, S. 5; May Sp. Sess. P.A. 04-2, S. 30.)
History: June 30 Sp. Sess. P.A. 03-6 and P.A. 04-20 replaced the Connecticut Historical Commission with the Connecticut Commission on Arts, Tourism, Culture, History and Film, effective August 20, 2003; P.A. 04-205, effective June 3,
2004, and May Sp. Sess. P.A. 04-2, effective May 12, 2004, both replaced Connecticut Commission on Arts, Tourism,
Culture, History and Film with Connecticut Commission on Culture and Tourism.