N.Y. County Law Section 222
Cemeteries


1.

The board of supervisors may acquire by condemnation, purchase, gift or devise burial plots outside a city or village within the county, for the burial of indigent persons. Such burial plots shall be under the general care and supervision of the county commissioner of public welfare.

2.

a. The board of supervisors or county legislature may, by the affirmative vote of two-thirds of the total membership of the board, acquire by condemnation, purchase, gift or devise lands outside a city or village within the county and establish and maintain a county cemetery for the burial of members of the armed forces of the United States. Remains of the members of the armed forces of the United States, heretofore or hereafter dying may be interred in such county cemetery or may be removed from other cemeteries or burial plots and be interred in such county cemetery as authorized by law. The county cemetery shall be under the general care and supervision of such officer or employee of the county or other person as the board of supervisors may direct.

b.

Any member of the armed forces of the United States, who was a resident of Rockland county at the time of his induction into the armed forces of the United States, killed in action may be buried in such county cemetery, entirely at county expense, at the option of the next of kin. The board of supervisors or county legislature may adopt rules or regulations governing the cost, procedure for interment and rights of the next of kin.

3.

Any such county cemetery or burial plot may be designated by name and adequate maintenance, perpetual care, ornamentation and markers provided. The board of supervisors may adopt rules governing interments and the rights of distributees, not inconsistent with law.

4.

A portion or block of lots may be purchased in an existing incorporated cemetery association within the county for such purposes and title shall be taken in the name of the county. Subject to such conditions and restrictions as may be imposed by the incorporated cemetery association, adequate maintenance, perpetual care, ornamentation and markers may be provided.

5.

Burial plots for the indigent shall be kept separate and apart from plots for the burial of members of the armed forces of the United States; and no member of the armed forces shall be interred in the same part of the cemetery as indigents. 5-a. The board of supervisors of any county may, by the affirmative vote of two-thirds of the total membership of the board, provide for the perpetual care, upkeep and maintenance of any cemetery located within the county if such cemetery is abandoned or not controlled by an existing board or body and for the care of which there exists no special fund or endowment and the expense thereof may be appropriated from funds in the county treasury not otherwise appropriated. The board of supervisors may also provide that any such cemetery shall be under the general care and supervision of such officer or employee of the county as the board of supervisors may direct.

6.

Nothing herein shall be deemed to affect, impair or supersede any other general or special law authorizing a county to establish and maintain cemeteries.

7.

(a) No county shall, directly or indirectly:

(i)

sell, or have, enter into or perform a lease of any of its real property dedicated to cemetery purposes or adjacent thereto to a funeral entity, or use any of its property for location of a funeral entity;

(ii)

commingle funds used for cemetery purposes with a funeral entity; (iii) direct or carry on its cemetery related business or affairs with a funeral entity;

(iv)

authorize control of its cemetery related business or affairs by a funeral entity;

(v)

engage in any sale or cross-marketing of goods or services with a funeral entity;

(vi)

have, enter into or perform a management or service contract for cemetery operations with a funeral entity; or (vii) have, enter into or perform a management contract with any entity other than a not-for-profit or religious corporation, or governmental entity.

(b)

Only the provisions of subparagraphs (i) and (ii) of paragraph (a) of this subdivision shall apply to counties with thirty acres or less of real property dedicated to cemetery purposes, and only to the extent the sale or lease is of real property dedicated to cemetery purposes, and such cemeteries shall not engage in the sale of funeral home goods or services, except if such goods and services are otherwise permitted to be sold by cemeteries.

(c)

For the purposes of this subdivision, “funeral entity” means a person, partnership, corporation, limited liability company or other form of business organization providing funeral home services, or owning, controlling, conducting or affiliated with a funeral home, any subsidiary thereof or any officer, director or stockholder having a ten per centum or greater proprietary, beneficial, equitable or credit interest in a funeral home.

Source: Section 222 — Cemeteries, https://www.­nysenate.­gov/legislation/laws/CNT/222 (updated Sep. 22, 2014; accessed Mar. 23, 2024).

200
Compensation of supervisors
201
Compensation of officers
202
Publication of compensation and expenses of supervisors in certain counties
203
Expenses incurred in the performance of official duty
204
Positions of employment
205
Compensation of employees
205–A
Certain pilot projects
206
Hours of work and office hours
206–A
Business in county offices on holidays and Saturdays
207
Vacations
208
Books and records
209
Investigations
210
Examination and post audit
211
Printed and electronically recorded proceedings of the board
212
Designation of depositaries
214
Designation of newspapers
215
County property
216
Location of county offices
217
County jail
217–A
Qualification for employment as a county correction officer
218
Courthouses and judicial expenditures
218–A
County detention facilities for juvenile delinquents and persons in need of supervision
218–B
Prisoner furlough program in county jails and penitentiaries
219
Reforested lands
220
County planning board
220–A
Water quality management agency
221
County park commission
222
Cemeteries
223
Flood control and soil conservation
223–A
The board of supervisors of any county may appropriate such sums as it may deem proper, not exceeding three thousand dollars in any one y...
223–B
EMS training and mutual aid programs
224
Optional appropriations and contracts for public benefit services
224–A
Elimination of noxious weeds
224–B
Cooperative extension area and statewide program specialist
225
Optional appropriations for public benefit services administered by the board
225–A
Fire training and mutual aid programs
225–B
Contracts for visiting nursing services
226
Monuments and memorials
226–A
Patriotic observances
226–B
Solid waste management
226–C
Waiver of fees for veterans’ organizations
226–C*2
Waiver of fees for veterans organizations
226–C*3
Waiver of fees for veterans’ organizations
226–D
Waiver of fees for veterans’ organizations
226–E
Waiver of fees for veterans’ organizations
227
Legalizing acts
228
Disputed town boundaries
229
Erection and dissolution of towns
231
Expenses of police officer or peace officer injured in line of duty
232
County officers’ and county executives’ associations
233
Procedure on tax limit increase
233–A
Amounts to be included or excluded in computing constitutional taxing power
233–B
Payment in lieu of taxes for property acquired for park or recreational purposes
234
Additional powers granted under other laws
234–A
Service of notice in relation to constitutionality of local law, ordinance, rule or regulation of a county
235
The board of supervisors by resolution may appoint a committee of citizens of the county to act in an advisory capacity to any committee,...
236
County plumbing licensing
236–A
County master electrician licensing
236–B
County electrical inspector licensing
237
Alcoholic beverage control

Accessed:
Mar. 23, 2024

Last modified:
Sep. 22, 2014

§ 222’s source at nysenate​.gov

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