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SB 1021

Relating to continuing care retirement communities; declaring an emergency.

2025 Regular Session Introduced by Lew Frederick and 1 co-sponsor

SB 1021 requires formal OCO approval with preservation plans, public notices, and descendant outreach before selling or transferring cemeteries, and allows government acquisition o

In committee upon adjournment.
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Bill Summary · SB 1021

Summary — SB 1021 (2025): Business Regulation — Cemeteries — Requirements for Sale or Transfer or Government Acquisition

Status: Enacted. Signed by the Governor (June 20, 2025). Effective date: September 1, 2025. Sponsors: Senators C. Jackson and Muse. Companion bills: HB 49, HB 1354.

Main purpose

SB 1021 strengthens State oversight of the sale, transfer, and public acquisition of cemeteries in Maryland. It creates a formal approval process administered by the Office of Cemetery Oversight (OCO) director, requires preservation and public-notice measures before any change of ownership or repurposing, and authorizes government acquisition of abandoned cemeteries for preservation or transfer to responsible stewards.

Key provisions

  • Definitions

    • “Cemetery owner” includes registered cemeterians, Subtitle 4 permit holders, and owners of cemeteries otherwise exempt from registration.

  • Approval requirement

    • Registered cemeterians, permit holders, and most exempt owners may not sell or transfer a cemetery (or part of it) for a non-cemetery use without OCO director approval.
    • Religious organizations that own cemeteries are generally exempt from the approval requirement but must follow limited outreach and public-notice steps.

  • Application and information required

    • Owners must submit an OCO application including owner names, description of the property (location, size, estimated number of human/pet remains, unused plots), known potential buyers/transferees, an agreement to submit a preservation plan, and evidence of required public notice.

  • Preservation plan and descendant outreach

    • Owners must develop, in consultation with the director, a preservation plan that attempts to identify and contact descendant(s)/descendant community organizations, purchasers of unused plots, and persons who have maintained the cemetery.

  • Public notice and hearing requirements

    • Publish notice in a county newspaper for nine successive weeks.
    • Post a conspicuous written notice at the cemetery for at least 60 days.
    • Notify local genealogical and historical societies.
    • Hold a public meeting where testimony is taken.
    • Notices must include specified basic information (address, estimated number of interments, last known owner if available, SDAT info).

  • Director’s review criteria

    • Director must consider public comments and factors such as reasons for sale, future plans, cultural/historical significance, availability of less disruptive offers, and costs/arrangements for disinterment and reinterment.
    • Director must approve the sale/transfer if statutory requirements are met and approval is in the interest of all parties.
    • Parties may seek judicial review under Maryland Rules to challenge the director’s decision.

  • Abandoned cemeteries and government acquisition

    • “Abandoned cemetery” defined (unknown legal ownership or operator, ceased operation, or condemned property).
    • State, county, or municipality authorized to acquire abandoned cemeteries (including unoccupied lots) to transfer ownership to a descendant community organization or nonprofit that agrees to maintain and protect the site.
    • If transfer cannot be completed within a reasonable time, the director may facilitate professional reinterment of human or pet remains to an operational cemetery.

Who is affected

  • Cemetery owners (registered cemeterians, permit holders, and most exempt owners) — new approval, notice, and preservation-plan obligations.
  • Religious organizations owning cemeteries — partially exempt but must do outreach and public notice.
  • Descendant communities, plot purchasers, local historical/genealogical societies and the public — gain formal notice and participation rights.
  • State/local governments — new authority and responsibilities to acquire and steward abandoned cemeteries.
  • Office of Cemetery Oversight — will administer the application, preservation-plan and approval process.

Fiscal and operational impact

  • Fiscal note: OCO can likely implement the bill with existing resources; no revenue impact. Local governments: no direct fiscal effect anticipated. Small businesses: potential minimal impact (compliance costs for small cemetery operators).

Effect of change

The bill centralizes and formalizes safeguards before cemeteries are repurposed or sold, increases descendant and public engagement, provides mechanisms for public entities to preserve abandoned burial grounds, and makes reinterment an option when stewardship transfer is not feasible.

Compiled from official sources — confirm details with the bill’s official record.

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