It is required by law (Title 29, Chapter 79A, Section 7906A, Delaware Code). "All cemetery companies and cemetery owners in this State shall register every 5 years or upon change in ownership with the Cemetery Board and pay the registration fee determined by Department of Health and Social Services in an amount that approximates and reasonably reflects the costs necessary to defray the expenses of the Board. A volunteer may register an abandoned cemetery."
How do I register a cemetery with the Delaware Cemetery Board?
Registration forms are available on the Delaware Health Statistics Center website or emailed/mailed upon request. The registration fee is $10 and the check or money order is made payable to the State of Delaware.
Mail the completed form with payment to:
Candace Casto
Delaware Cemetery Board
Delaware Health Statistics Center
Jesse Cooper Bldg
417 Federal Street
Dover, DE 19901
Are all cemeteries required to register?
All cemeteries, such as family, inactive, abandoned, small, and church cemeteries ̶ as well as cemeteries located on government land ̶ are required to register. The registration fee is waived for cemeteries located on government land and may be waived for inactive or abandoned cemeteries.
How frequently does a cemetery renew its registration?
Cemeteries must renew every five years or upon a change in ownership.
What is a distressed cemetery?
Per 29 Del. C., § 7902A (6), "Distressed cemetery" is defined as any land or structure used or intended to be used for the interment/entombment of human remains, including facilities used for the final disposition of cremated remains, whereby the owner lacks sufficient financial resources for the maintenance or preservation of said cemetery as determined by the Board. An abandoned cemetery may qualify as a distressed cemetery if registered with the State by a responsible party/volunteer.
What DE code applies to a distressed cemetery?
What is the Distressed Cemetery Fund?
Each year, the Delaware Legislature appropriates a certain amount in the Budget Act to help with distressed cemeteries. Cemeteries must be registered before applying for funds. The fund assists distressed cemeteries in making needed repairs and improvements or for purchasing equipment or structures to maintain/preserve it. Funds are not used for annual lawn maintenance expenses. Examples of past awards include, but are not limited to:
Who is eligible to apply for distressed cemetery funds?
How do I apply for distressed cemetery funds?
An application package (completed and signed application, three vendor quotes, photos of work or equipment needed, recent financial information - income/expense report, bank statements of all accounts, and documented volunteer hours for past three years by project, if applicable) must be sent two weeks before a scheduled meeting to the administrative officer at the following address. The applicant or a cemetery representative must attend the meeting to discuss the application with the Board.
Candace Casto
Delaware Cemetery Board
417 Federal Street
Dover, DE 19901
Candace.Casto@delaware.gov
Who do I contact for help?
For inquiries contact Candace Casto at 302-744-4541 or Candace.Casto@delaware.gov.
Who do I contact for theft or vandalism of a cemetery?
Who do I contact for complaints about a cemetery?
How do I start a new cemetery in Delaware?
To start a new cemetery in Delaware, it is suggested to visit the Delaware Division of Revenue’s website, Business Licenses Frequently Asked Questions, at https://revenue.delaware.gov/frequently-asked-questions/business-licenses-faqs/.
How do I nominate a cemetery for the National Register of Historic Places?
Please call the Division of Historical and Cultural Affairs, Historic Preservation Office, at 302-736-7400 for guidance on this or visit their website at https://history.delaware.gov/preservation/index.shtml.
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