Endowed Care Cemeteries:
The Financial Institutions does not license or regulate the operations of cemeteries, including endowed care cemeteries, municipal cemeteries, fraternal cemeteries, religious cemeteries or family burial grounds.
Q: Are non-perpetual care (non-endowed) cemeteries regulated by any other state agency?
There is no state agency that regulates non-perpetual care cemeteries. However, the State Health Department will step in if the cemetery in question poses a health hazard to the community and the Attorney General's Office Consumer Protection Division, (505) 827-6060, will investigate deceptive trade practice violations. Individual Counties and Cities also regulate cemeteries and should be contacted.
Q: Can I bury on my own property?
State, County, and City laws should be consulted prior to doing this.
Q: Can I cancel a cemetery contract?
The statute does not provide for mandatory cancellation provisions. In most instances, the cemetery will not allow the purchaser to cancel a contract and thus no refund options are available.
Q: Are the prices and fees cemeteries charge regulated by the Financial Institutions Division?
No, there is no price regulation in the cemetery industry.
Q: Do I have to purchase an outer burial container?
If the cemetery's rules and regulations require the use of an outer burial container, you must have one for burial. It is a decision made by the individual cemetery.
Q: What is a lawn crypt?
A lawn crypt is a subsurface burial container installed in multiple units that has a system for drainage and moisture control. Lawn crypts may only be sold in dedicated lawn crypt gardens.
Q: Whom do I contact with other questions concerning endowed care cemeteries?
Credit Union Industry Manager of the Financial Institutions Division