Office of the Revisor of Statutes
HF 2769
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/24/2025 03:04 p.m.
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Introduction
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Posted on 03/24/2025 |
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A bill for an act
relating to health; establishing requirements for green burials; modifying the amount
of proceeds dedicated to permanent care and improvement funds; amending
Minnesota Statutes 2024, sections 149A.02, by adding a subdivision; 306.37,
subdivision 1; 306.78; proposing coding for new law in Minnesota Statutes, chapters
149A; 306; 307.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 149A.02, is amended by adding a subdivision
to read:
new text begin Subd. 42. new text end
new text begin Green burial. new text end
new text begin
"Green burial" means a method of burial that emphasizes
environmental sustainability without interfering with natural decomposition and:
new text end
new text begin
(1) the body is not embalmed or is embalmed with only nontoxic substances;
new text end
new text begin
(2) a biodegradable casket or shroud is used; and
new text end
new text begin
(3) no vault or outer burial container is employed for a casket or shroud.
new text end
Sec. 2.
new text begin
[149A.958] GREEN BURIAL.
new text end
new text begin Subdivision 1. new text end
new text begin General requirements. new text end
new text begin
Any building with a holding facility to temporarily
retain dead human bodies awaiting green burial must comply with all applicable local and
state building codes, zoning laws and ordinances, and environmental standards. A holding
facility must be secure from access by anyone except the authorized personnel of the building,
preserve the dignity of the remains, and protect the health and safety of the building
personnel.
new text end
new text begin Subd. 2. new text end
new text begin Handling of dead human bodies. new text end
new text begin
All employees of facilities temporarily
retaining dead human bodies awaiting green burial must use universal precautions when
handling dead human bodies and otherwise exercise all reasonable precautions to minimize
the risk of transmitting any communicable disease from the body.
new text end
new text begin Subd. 3. new text end
new text begin Bodies awaiting green burial; refrigeration required. new text end
new text begin
In accordance with
section 149A.91, subdivision 3, a dead human body that is not embalmed must be refrigerated
or packed in dry ice. A body may not be kept in refrigeration for a period that exceeds six
calendar days, or packed in dry ice for a period that exceeds four calendar days, from the
time and release of the body from the place of death or from the time of release from the
coroner or medical examiner.
new text end
Sec. 3.
Minnesota Statutes 2024, section 306.37, subdivision 1, is amended to read:
Subdivision 1.
Required payments.
deleted text begin Twentydeleted text end new text begin Twenty-fivenew text end percent of the proceeds of all
sales of cemetery lots and ten percent of the proceeds of all sales of burial space in a
mausoleum or columbarium made after the vote of the board of trustees of the association
to establish the care and improvement fund must be paid to the trustees of the fund, on
January 1, April 1, July 1, and October 1, in each year. Until paid, these amounts must be
held in trust by the cemetery association for payment to the trustees of the fund. "Proceeds"
includes any installment payment made towards the purchase of a cemetery lot or burial
space in a mausoleum or columbarium.
Sec. 4.
Minnesota Statutes 2024, section 306.78, is amended to read:
306.78 PERCENTAGE OF SALE OF LOTS AND MAUSOLEUMS PAID INTO
FUND; OTHER ADDITIONS TO FUND.
Each cemetery association creating a permanent care and improvement fund under
section 306.77 shall take for its cemetery fund at least deleted text begin 20deleted text end new text begin 25new text end percent of the proceeds of all
sales of cemetery lots and ten percent of the proceeds of all sales of all burial space in
mausoleums sold on or after December 31, 1927. That percentage must be paid on January
1, April 1, July 1, and October 1 of each year to the trustees of the fund, and the payments
then become a part of the permanent care and improvement fund. Any other income or
funds not required by the association for other purposes may from time to time be added to
the fund by a vote of at least two-thirds of the members of the board of trustees of the
association. The term "burial space" as used in this section includes private rooms, crypts,
niches, or other designated space in which the bodies or ashes of deceased persons are placed
for permanent burial in a mausoleum.
Sec. 5.
new text begin
[306.991] GREEN BURIALS IN PUBLIC CEMETERIES.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Drainage system" has the meaning given in section 103E.005, subdivision 12.
new text end
new text begin
(c) "Green burial" has the meaning given in section 149A.02, subdivision 42.
new text end
new text begin
(d) "Natural watercourse" has the meaning given in section 103G.005, subdivision 13.
new text end
new text begin
(e) "Ordinary high-water level" has the meaning given in section 103G.005, subdivision
14.
new text end
new text begin
(f) "Water supply well" has the meaning given in section 103I.005, subdivision 20a.
new text end
new text begin Subd. 2. new text end
new text begin Green burial requirements. new text end
new text begin
A municipality, town, or other cemetery governed
by this chapter that allows for green burials must comply with the requirements of this
section.
new text end
new text begin Subd. 3. new text end
new text begin Green burial plot locations. new text end
new text begin
(a) Green burial plots must have a designated
location within the cemetery. Green burial plot locations must:
new text end
new text begin
(1) be set back 50 feet from property lines;
new text end
new text begin
(2) maintain at least one meter clearance above the ordinary high-water level;
new text end
new text begin
(3) not be in standing water;
new text end
new text begin
(4) not be within zone 1 groundwater source protection zones around a spring, water
supply well, or a shaft drilled into the ground meant to extract water; and
new text end
new text begin
(5) not be within flood-prone areas.
new text end
new text begin
(b) Green burial plot locations must be a certain distance from water sources. Green
burial plot locations must be:
new text end
new text begin
(1) 50 feet from water supply wells and shafts drilled into the ground used to extract
water;
new text end
new text begin
(2) 98.5 feet from other springs or watercourses; and
new text end
new text begin
(3) 33 feet from drainage systems.
new text end
new text begin Subd. 4. new text end
new text begin Burial depth. new text end
new text begin
(a) Green burial plots must be at a depth of three and one-half
to four feet from the base of the grave to the soil horizon.
new text end
new text begin
(b) Green burials must have one meter of cover.
new text end
new text begin Subd. 5. new text end
new text begin Burial density. new text end
new text begin
Green burial plots must be nine feet by four feet limited to a
maximum of 300 burials per acre over a 100 year period.
new text end
Sec. 6.
new text begin
[306.992] ASH SPREADING.
new text end
new text begin
A municipality, town, or other cemetery governed by this chapter that allows for ash
spreading must designate a location within the cemetery for the spreading of ashes.
new text end
Sec. 7.
new text begin
[307.14] GREEN BURIALS IN PRIVATE CEMETERIES.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Drainage system" has the meaning given in section 103E.005, subdivision 12.
new text end
new text begin
(c) "Green burial" has the meaning given in section 149A.02, subdivision 42.
new text end
new text begin
(d) "Natural watercourse" has the meaning given in section 103G.005, subdivision 13.
new text end
new text begin
(e) "Ordinary high-water level" has the meaning given in section 103G.005, subdivision
14.
new text end
new text begin
(f) "Water supply well" has the meaning given in section 103I.005, subdivision 20a.
new text end
new text begin Subd. 2. new text end
new text begin Green burial requirements. new text end
new text begin
A person who owns a cemetery governed by this
chapter that allows for green burials must comply with the requirements of this section.
new text end
new text begin Subd. 3. new text end
new text begin Green burial plot locations. new text end
new text begin
(a) Green burial plots must have a designated
location within the cemetery. Green burial plot locations must:
new text end
new text begin
(1) be set back 50 feet from property lines;
new text end
new text begin
(2) maintain at least one meter clearance above the ordinary high-water level;
new text end
new text begin
(3) not be in standing water;
new text end
new text begin
(4) not be within zone 1 groundwater source protection zones around a spring, water
supply well, or a shaft drilled into the ground meant to extract water; and
new text end
new text begin
(5) not be within flood-prone areas.
new text end
new text begin
(b) Green burial plot locations must be a certain distance from water sources. Green
burial plot locations must be:
new text end
new text begin
(1) 50 feet from water supply wells and shafts drilled into the ground used to extract
water;
new text end
new text begin
(2) 98.5 feet from other springs or watercourses; and
new text end
new text begin
(3) 33 feet from drainage systems.
new text end
new text begin Subd. 4. new text end
new text begin Burial depth. new text end
new text begin
(a) Green burial plots must be at a depth of three and one-half
to four feet from the base of the grave to the soil horizon.
new text end
new text begin
(b) Green burials must have one meter of cover.
new text end
new text begin Subd. 5. new text end
new text begin Burial density. new text end
new text begin
Green burial plots must be nine feet by four feet limited to a
maximum of 300 burials per acre over a 100 year period.
new text end
Sec. 8.
new text begin
[307.15] ASH SPREADING.
new text end
new text begin
A person who owns a cemetery governed by this chapter that allows for ash spreading
must designate a location within the cemetery for the spreading of ashes.
new text end