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GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
SESSION LAW 2025-68
HOUSE BILL 210
*H210-v-5*
AN ACT DEFINING CARE AND MAINTENANCE OF CEMETERIES LICENSED BY THE
CEMETERY COMMISSION, AUTHORIZING THE CEM ETERY COMMISSION TO
PROMULGATE MINIMUM STANDARDS FOR THE CARE AND MAINTENANCE OF
CEMETERIES AND IMPOS E PENALTIES FOR VIOL ATIONS OF THOSE
STANDARDS, AND REQUIRING ANNUAL FINANCIAL REPORTS T O INCLUDE
DETAILS OF THE CARE AND MAINTENANCE PERFORMED AT CEMETERIES.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 65-48 is amended by adding a new subdivision to read:
"(2a) "Care and maintenance" means all general work necessary to keep the
cemetery property in a presentable condition at all times, including the cutting
of grass at reasonable intervals; the raking, cleaning, filling, seeding, and
sodding of graves; the replacement, pru ning, or removal of shrubs and trees
in order to assure access to interment rights; and the repair and maintenance
of enclosures, buildings, drives, walks, and the various memorial gardens."
SECTION 2. G.S. 65-53 reads as rewritten:
"§ 65-53. Powers.
In addition to other powers conferred by this Article, the Cemetery Commission shall have
the following powers and duties:
…
(7a) To promulgate rules and regulations establishing minimum standards for the
care and maintenance of cemeteries. The rules and regu lations shall provide
that if, after an investigation conducted as authorized by subdivision (3) of
this section, the licensee is found in violation of the minimum standards for
care and maintenance, the Commission in co llaboration with the North
Carolina Cemetery Association may, in addition to revoking or suspending
the license of the licensee, as authorized by subdivision (3) of this section ,
impose a civil penalty of fifty dollars ($50.00) to be recovered in a civil action
in the nature of debt if the licensee does not pay the penalty within a prescribed
period of time which shall not exceed 30 days. Each day's continuing violation
shall be a separate and distinct offense ; provided, however, before a penalty
may be imposed under this subdivision, the Commission shall give the
licensee at least 10 days' notice in writing stating the alleged violation of the
minimum standards for care and maintenance and giving the licensee an
opportunity within the 20-day period following the issuance of the notice to
cure the violation. The clear proceeds of civil penalties imposed pursuant to
this subdivision shall be remitted to the Civil Penalty and Forfeiture Fund in
accordance with G.S. 115C-457.2.
…."
SECTION 3. G.S. 65-62 reads as rewritten:
"§ 65-62. Individual contracts for care and maintenance.
Page 2 Session Law 2025-68 House Bill 210
At the time of making a sale or receiving the initial deposit hereunder, the cemetery company
shall deliver to the person to whom such sale is made, or who makes such deposit, an instrument
in writing which shall specifically state that the net income of the care and maintenance trust
fund shall be used solely for the care and maintenance of the cemetery, for reasonable costs of
administering such care and maintenance and for reasonable costs of administering the trust fund.
Within 60 days after the end of the calendar or fiscal year of the cemetery company, the cemetery
company shall fur nish adequate reports with the d etails of the care and maintenance work
performed on forms provided by the Commission."
SECTION 4. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 30th day of June, 2025.
s/ Phil Berger
President Pro Tempore of the Senate
s/ Donna McDowell White
Presiding Officer of the House of Representatives
s/ Josh Stein
Governor
Approved 3:15 p.m. this 7th day of July, 2025