Public cemeteries requirement to allow individuals to be buried in accordance with their recognized religion

2025-2026 Regular Session Introduced by Omar Fateh

Public cemeteries must honor burial rites of recognized religions, including permitting green burials with defined density limits.

Referred to Commerce and Consumer Protection

#death #funerals #andcemeteries #religionandreligiousbeliefs

Purpose and overarching goal

SF 5305 seeks to ensure public cemeteries in Minnesota accommodate burial practices tied to individuals’ recognized religions, including allowing green burials. The bill would require municipalities, towns, and other cemeteries governed by Minnesota’s cemetery laws to permit burials in accordance with recognized religious rites and to comply with green burial requirements.

Key provisions and changes

Section 1: Burial rites for recognized religion

Defines “green burial” by reference to section 149A.02, subdivision 42.
Mandates that a public cemetery (municipality, town, or other cemetery governed by this chapter) must permit burial in accordance with the rites of the individual's recognized religion.
Specifically allows green burial, provided it complies with chapter 149A and, for green burials, with section 306.991.

Section 2: Green burial requirements (amendment to § 306.991, subd. 2)

Recasts the requirement to “A municipality, town, or other cemetery governed by this chapter must allow green burials.”
Green burials must comply with the applicable green burial requirements in this section.

Section 3: Burial density (amendment to § 306.991, subd. 6)

Establishes a default maximum density for green burial plots: up to 300 burials per acre over a 100-year period.
Creates an exception allowing greater density than 300 per acre when green burial is an element of the burial rites of an individual’s recognized religion, as determined by the cemetery’s governing rules.

Who would be affected

Public cemeteries, including municipalities and towns, operating under Minnesota’s cemetery statutes.

Individuals and families requesting burials in accordance with their recognized religious practices, including green burial rites.

Religious communities whose burial customs include green burial as part of recognized religious rites.

Procedural and timeline aspects

The bill has been introduced and referred to the Commerce and Consumer Protection committee.

Sponsorship includes a co-sponsor: Omar Fateh.

If enacted, the provisions would take effect in alignment with the statutory changes to chapters 306 and 149A, subject to any effective dates specified in the final enacted version (not detailed in the text provided).

Summary in plain terms

SF 5305 would require public cemeteries to honor burial practices aligned with the deceased’s recognized religion, explicitly permitting green burial when appropriate. It establishes green burial standards and density limits, with a general cap of 300 green burials per acre over a century, while allowing higher densities if green burial is an element of the religious rite. The bill aims to ensure religious accommodation in burial practices and provide a framework for green burial within Minnesota’s public cemeteries.