North Carolina General Statutes Chapter 65 Cemeteries

Article 1 - Care of Rural Cemeteries.

N.C. Gen. Stat. § 65-1. Repealed by Session Laws 2007-118, s. 2, effective July 1, 2007
N.C. Gen. Stat. § 65-2. Repealed by Session Laws 2007-118, s. 2, effective July 1, 2007
N.C. Gen. Stat. § 65-3. Repealed by Session Laws 2007-118, s. 2, effective July 1, 2007

Article 2 - Care of Confederate Cemetery.

N.C. Gen. Stat. § 65-4. State Division of Adult Correction of the Department of Public Safety to furnish labor
The Division of Adult Correction of the Department of Public Safety is hereby authorized and directed to furnish at such time, or times, as...

Article 3 - Cemeteries for Inmates of County Homes.

N.C. Gen. Stat. § 65-5. County commissioners may establish new cemeteries
The boards of county commissioners of the various counties in the State are authorized and empowered to locate and establish new graveyards or cemeteries...
N.C. Gen. Stat. § 65-6. Removal and reinterment of bodies
Whenever the county commissioners have established new graveyards or cemeteries, they are authorized and empowered to remove to such graveyards or cemeteries all bodies...

Article 4 - Trust Funds for the Care of Cemeteries.

N.C. Gen. Stat. § 65-7. Repealed by Session Laws 2007-118, s. 3, effective July 1, 2007
N.C. Gen. Stat. § 65-8. Repealed by Session Laws 2007-118, s. 3, effective July 1, 2007
N.C. Gen. Stat. § 65-9. Repealed by Session Laws 2007-118, s. 3, effective July 1, 2007
N.C. Gen. Stat. § 65-10. Repealed by Session Laws 2007-118, s. 3, effective July 1, 2007
N.C. Gen. Stat. § 65-11. Repealed by Session Laws 2007-118, s. 3, effective July 1, 2007
N.C. Gen. Stat. § 65-12. Repealed by Session Laws 2007-118, s. 3, effective July 1, 2007

Article 5 - Removal of Graves.

N.C. Gen. Stat. § 65-13. Repealed by Session Laws 2007-118, s. 4, effective July 1, 2007, and applicable to all trusts created on or after that date
N.C. Gen. Stat. § 65-14 through 65-15. Repealed by Session Laws 1971, c. 797, s. 2

Article 6 - Cemetery Associations.

N.C. Gen. Stat. § 65-16. Land holdings
All cemetery associations or corporations created by any local, private or special act or resolution before January 10, 1917, are authorized and fully empowered...
N.C. Gen. Stat. § 65-17. Change of name of association or corporation
Any corporation or association chartered or incorporated by any special act of the legislature, as set forth in G.S. 65-16, is authorized and fully...
N.C. Gen. Stat. § 65-17.1. Quorum at stockholders' meeting of certain nonprofit cemetery corporations; calling meeting; amendment of charter
Notwithstanding any conflicting provision of law or of the charter or bylaws of any corporation affected by this section, in the case of any...

Article 7 - Cemeteries Operated for Private Gain.

N.C. Gen. Stat. § 65-18 through 65-36. Recodified as �� 65-46 through 65-72

Article 7A - Funeral and Burial Trust Funds.

N.C. Gen. Stat. § 65-36.1 through 65-36.8. Recodified as �� 90-210.30 through 90-210.37, by Session Laws 1985, c. 12, s. 1

Article 8 - Municipal Cemeteries.

N.C. Gen. Stat. § 65-37. Repealed by Session Laws 2007-118, s. 5, effective July 1, 2007, and applicable to all trusts created on or after that date
N.C. Gen. Stat. § 65-38. Repealed by Session Laws 1969, c. 1279
N.C. Gen. Stat. § 65-39. Repealed by Session Laws 2007-118, s. 5, effective July 1, 2007, and applicable to all trusts created on or after that date
N.C. Gen. Stat. § 65-40. Repealed by Session Laws 2007-118, s. 5, effective July 1, 2007, and applicable to all trusts created on or after that date

Article 8A - Veterans Cemeteries.

N.C. Gen. Stat. § 65-41. Land acquisition
The State may accept land for the establishment of not more than four veterans cemeteries. (1987, c. 183, s. 1; 2013-360, s. 36.2(e).)
N.C. Gen. Stat. § 65-42. Location of cemeteries
These veterans cemeteries may be located in those regions of the State with a high concentration of veterans including the 3rd, 7th and 11th...
N.C. Gen. Stat. § 65-43. Definitions
For purposes of this Article, the following definitions shall apply, unless the context requires otherwise: (1) "Honorable military service" means: a. Service on active...
N.C. Gen. Stat. § 65-43.1. Eligibility for interment in a State veterans cemetery
(a) The following persons are eligible for interment at a State veterans cemetery: (1) A qualified veteran. (2) The spouse, widow, or widower of...
N.C. Gen. Stat. § 65-43.2. Proof of eligibility
(a) The veteran, his survivors, or his legal representative shall furnish any evidence necessary to establish the eligibility of the veteran or the family...
N.C. Gen. Stat. § 65-43.3. Bars to eligibility
A veteran may not be interred in a State veterans cemetery under any of the following circumstances: (1) He was discharged or dismissed on...
N.C. Gen. Stat. § 65-43.4. Disinterment
(a) When a veteran fails to abide by his agreement to be interred in the same grave site as his previously interred eligible family...
N.C. Gen. Stat. § 65-43.5. Reinterment
(a) The remains of a qualified veteran or the remains of an eligible family member may be moved to a State veterans cemetery for...
N.C. Gen. Stat. § 65-43.6. State veterans cemeteries cost
(a) There may be no charge for the grave site or the interment service of a qualified veteran. There may be a minimal charge,...
N.C. Gen. Stat. § 65-44. Days for burial
Notwithstanding any other provision of law, burial services shall be conducted at the Coastal Carolina State Veterans Cemetery and the Sandhills State Veterans Cemetery...
N.C. Gen. Stat. § 65-45. Reserved for future codification purposes

Article 9 - North Carolina Cemetery Act.

N.C. Gen. Stat. § 65-46. Short title
This Article 9 may be cited as "North Carolina Cemetery Act." (1975, c. 768, s. 1.)
N.C. Gen. Stat. § 65-47. Scope
(a) The provisions of this Article shall apply to all persons engaged in the business of operating a cemetery as defined herein, except cemeteries...
N.C. Gen. Stat. § 65-48. Definitions
As used in this Article, unless otherwise stated or unless the context or subject matter clearly indicates otherwise: (1) "Bank of belowground crypts" means...
N.C. Gen. Stat. § 65-49. The North Carolina Cemetery Commission
The North Carolina Cemetery Commission is established with the power and duty to adopt rules and regulations to be followed in the enforcement of...
N.C. Gen. Stat. § 65-50. Cemetery Commission; members, selection, quorum
(a) Membership. - The Cemetery Commission shall consist of nine members. The General Assembly shall appoint two members who own or manage or who...
N.C. Gen. Stat. § 65-51. Principal office
The principal office of the Commission shall be in the City of Raleigh, North Carolina. Notice of all regular and special meetings of the...
N.C. Gen. Stat. § 65-52. Regular and special meetings
The Cemetery Commission shall meet at least once in each quarter and may hold special meetings at any time and place within the State...
N.C. Gen. Stat. § 65-53. Powers
In addition to other powers conferred by this Article, the Cemetery Commission shall have the following powers and duties: (1) To employ staff, including...
N.C. Gen. Stat. § 65-53.1. Inspectors
(a) The Commission may appoint one or more agents who shall serve at the pleasure of the Commission and who shall have the title...
N.C. Gen. Stat. § 65-54. Annual budget of Commission; collection of funds
The Commission shall prepare an annual budget and shall collect the sums of money required for this budget from yearly fees and from any...
N.C. Gen. Stat. § 65-54.1. Commission records are confidential
Records, papers, and other documents containing information collected or compiled by the Commission, its members, or employees as a result of a complaint, investigation,...
N.C. Gen. Stat. § 65-55. License; cemetery company
(a) No legal entity shall engage in the business of operating a cemetery company except as authorized by this Article and without first obtaining...
N.C. Gen. Stat. § 65-56. Existing companies; effect of Article
Existing cemetery companies at the time of the adoption of this Chapter shall continue in full force and effect and be granted a license...
N.C. Gen. Stat. § 65-57. Licenses for sales organizations, management organizations and brokers
(a) No legal entity shall engage in the business of a cemetery sales organization, a cemetery management organization or a cemetery broker except as...
N.C. Gen. Stat. § 65-58. Licenses for persons selling preneed grave space
(a) No person shall offer to sell preneed grave spaces, mausoleum crypts, niches, memorials, vaults or any other preneed cemetery merchandise or services under...
N.C. Gen. Stat. § 65-59. Application for a change of control; filing fee
A person who proposes to acquire control of an existing cemetery company, whether by purchasing the capital stock of the company, purchasing an owner's...
N.C. Gen. Stat. § 65-60. Records
A record shall be kept of every burial in the cemetery of a cemetery company, showing the date of burial, name of the person...
N.C. Gen. Stat. § 65-60.1. Trustees; qualifications; examination of records; enforcement
(a) The term "corporate trustee" as used in this Article shall mean a bank, credit union, or trust company authorized to do business in...
N.C. Gen. Stat. § 65-61. Required trust fund for care and maintenance; remedy of Commission for noncompliance
No cemetery company shall be permitted to establish, or operate if already established, a cemetery unless provision is made for the future care and...
N.C. Gen. Stat. § 65-62. Individual contracts for care and maintenance
At the time of making a sale or receiving the initial deposit hereunder, the cemetery company shall deliver to the person to whom such...
N.C. Gen. Stat. § 65-63. Requirements for perpetual care fund
A cemetery company may not cause or permit advertising of a perpetual care fund in connection with the sale or offer for sale of...
N.C. Gen. Stat. § 65-64. Deposits to perpetual care fund
(a) Deposits to the care and maintenance trust fund must be made by the cemetery company holding title to the subject cemetery lands on...
N.C. Gen. Stat. § 65-65. Trust fund; financial reports
Within 60 days after the end of the calendar or fiscal year of the cemetery company, the trustee shall furnish adequate financial reports with...
N.C. Gen. Stat. § 65-66. Receipts from sale of personal property or services; trust account; penalties
(a) It shall be deemed contrary to public policy if any person or legal entity receives, holds, controls or manages funds or proceeds received...
N.C. Gen. Stat. § 65-67. Applications for license
Applications for renewal license must be submitted on or before July 1 each and every year in the case of an existing cemetery company....
N.C. Gen. Stat. § 65-68. License not assignable or transferable
No license issued under G.S. 65-67 shall be transferable or assignable and no licensee shall develop or operate any cemetery authorized by this Article...
N.C. Gen. Stat. § 65-69. Minimum acreage; sale or disposition of cemetery lands
(a) Each licensee shall set aside a minimum of 30 acres of land for use by said licensee as a cemetery, and shall not...
N.C. Gen. Stat. § 65-70. Construction of mausoleums and belowground crypts; trust fund for receipts from sale of preconstruction crypts; compliance requirements
(a) A cemetery company shall be required to start construction of that section of a mausoleum or bank of belowground crypts in which sales,...
N.C. Gen. Stat. § 65-71. Penalties
(a) Except as provided in this subsection, a person violating any provisions of this Article, of any order or rule promulgated under this Article,...
N.C. Gen. Stat. § 65-72. Burial without regard to race or color
(a) It shall be the public policy of the State that all cemetery companies or other legal entities conducting or maintaining public or private...
N.C. Gen. Stat. § 65-73. Validation of certain deeds for cemetery lots executed by suspended corporations
Any deed for a cemetery lot or lots which was executed prior to January 1, 1979, and which would have been valid if the...

Article 10 - Access to and Maintenance of Private Graves and Abandoned Public Cemeteries.

N.C. Gen. Stat. § 65-74. Repealed by Session Laws 2007-118, s. 6, effective July 1, 2007, and applicable to all trusts created on or after that date
N.C. Gen. Stat. § 65-75. Repealed by Session Laws 2007-118, s. 6, effective July 1, 2007, and applicable to all trusts created on or after that date
N.C. Gen. Stat. § 65-76. Reserved for future codification purposes

Article 11 - Minimum Burial Depth.

N.C. Gen. Stat. § 65-77. Minimum burial depth
When final disposition of a human body entails interment, the top of the uppermost part of the burial vault or other encasement shall be...
N.C. Gen. Stat. § 65-78. Reserved for future codification purposes
N.C. Gen. Stat. § 65-79. Reserved for future codification purposes
N.C. Gen. Stat. § 65-80. Reserved for future codification purposes
N.C. Gen. Stat. § 65-81. Reserved for future codification purposes
N.C. Gen. Stat. § 65-82. Reserved for future codification purposes
N.C. Gen. Stat. § 65-83. Reserved for future codification purposes
N.C. Gen. Stat. § 65-84. Reserved for future codification purposes

Article 12 - Abandoned and Neglected Cemeteries.

N.C. Gen. Stat. § 65-85. Definitions
As used in this Article, the following terms mean: (1) Abandoned. - Ceased from maintenance or use by the person with legal right to...
N.C. Gen. Stat. § 65-86. Reserved for future codification purposes
N.C. Gen. Stat. § 65-87. Reserved for future codification purposes
N.C. Gen. Stat. § 65-88. Reserved for future codification purposes
N.C. Gen. Stat. § 65-89. Reserved for future codification purposes
N.C. Gen. Stat. § 65-90. Reserved for future codification purposes
N.C. Gen. Stat. § 65-91. Money deposited with the clerk of superior court
For the maintenance and preservation of abandoned or neglected graves or abandoned or neglected cemeteries, any person, firm, or corporation may, by will or...
N.C. Gen. Stat. § 65-92. Separate record of accounts to be kept
It shall be the duty of the clerk of the superior court to keep a separate record for keeping account of the money deposited...
N.C. Gen. Stat. § 65-93. Funds to be kept perpetually
All money placed in the office of the superior court clerk in accordance with this Part shall be held perpetually, or until such time...
N.C. Gen. Stat. § 65-94. Investment of funds
Money placed in the office of the superior court clerk in accordance with this Part shall be invested in the same manner as is...
N.C. Gen. Stat. § 65-95. Clerk's bond; substitution of bank or trust company as trustee
The official bond of the clerk of the superior court shall be liable for all such sums as shall be paid over to the...
N.C. Gen. Stat. § 65-96. Funds exempt from taxation
All money referred to in the preceding sections of this Part shall be exempt from all State, county, township, town, and city taxes. (1917,...
N.C. Gen. Stat. § 65-97. Reserved for future codification purposes
N.C. Gen. Stat. § 65-98. Reserved for future codification purposes
N.C. Gen. Stat. § 65-99. Reserved for future codification purposes
N.C. Gen. Stat. § 65-100. Reserved for future codification purposes
N.C. Gen. Stat. § 65-101. Entering public or private property to maintain or visit with consent
Any of the following persons, with the consent of the public or private landowner, may enter the property of another to discover, restore, maintain,...
N.C. Gen. Stat. § 65-102. Entering public or private property to maintain or visit without consent
(a) If the consent of the landowner cannot be obtained, any person listed in G.S. 65-101(1), (2), or (3) may commence a special proceeding...
N.C. Gen. Stat. § 65-103. Reserved for future codification purposes
N.C. Gen. Stat. § 65-104. Reserved for future codification purposes
N.C. Gen. Stat. § 65-105. Reserved for future codification purposes
N.C. Gen. Stat. § 65-106. Removal of graves; who may disinter, move, and reinter; notice; certificate filed; reinterment expenses; due care required
(a) The State of North Carolina and any of its agencies, public institutions, or political subdivisions, the United States of America or any agency...
N.C. Gen. Stat. § 65-107. Reserved for future codification purposes
N.C. Gen. Stat. § 65-108. Reserved for future codification purposes
N.C. Gen. Stat. § 65-109. Reserved for future codification purposes
N.C. Gen. Stat. § 65-110. Reserved for future codification purposes
N.C. Gen. Stat. § 65-111. County commissioners to provide list of public and abandoned cemeteries
Each board of county commissioners shall have the following duties and responsibilities: (1) To prepare and keep on record in the office of the...
N.C. Gen. Stat. § 65-112. Appropriations by county commissioners
To encourage the persons in possession and control of the public cemeteries referred to in G.S. 65-111 to take proper care of and to...
N.C. Gen. Stat. § 65-113. County commissioners to have control of abandoned public cemeteries; trustees
The county commissioners of the various counties are authorized to oversee all abandoned public cemeteries in their respective counties, to see that the boundaries...
N.C. Gen. Stat. § 65-114. Reserved for future codification purposes
N.C. Gen. Stat. § 65-115. Reserved for future codification purposes
N.C. Gen. Stat. § 65-116. Reserved for future codification purposes
N.C. Gen. Stat. § 65-117. Reserved for future codification purposes
N.C. Gen. Stat. § 65-118. Reserved for future codification purposes
N.C. Gen. Stat. § 65-119. Reserved for future codification purposes
N.C. Gen. Stat. § 65-120. Reserved for future codification purposes
N.C. Gen. Stat. § 65-121. Reserved for future codification purposes
N.C. Gen. Stat. § 65-122. Reserved for future codification purposes
N.C. Gen. Stat. § 65-123. Reserved for future codification purposes
N.C. Gen. Stat. § 65-124. Reserved for future codification purposes
N.C. Gen. Stat. § 65-125. Reserved for future codification purposes

Last modified: March 23, 2014