Cemetery Associations
According to the Vermont Secretary of State’s Digging Deep: Unearthing the Mysteries of Burial and Cemetery Law publication, published in 2010:
There are three kinds of cemeteries in Vermont; those operated by a municipality, those operated by a cemetery association (an “incorporated cemetery”) and those operated by a religious institution or ecclesiastical society. The law was written to ensure that old cemeteries that were organized prior to 1933 continued to be lawful, even if they did not technically comply with current requirements of law.18 V.S.A. § 5303. However, the law is clear that “every cemetery established after June 1, 1933, which is not owned and operated by a town or by a religious or ecclesiastical society must be established, owned and operated by a cemetery association.” 18 V.S.A. § 5431. Note that the law also recognizes private burial grounds which are generally a portion of private land that has been used as a family burial ground. 18 V.S.A. § 5322.
Every cemetery that is not owned and operated by a town or by a religious or ecclesiastical society must be established, owned and operated by a nonprofit corporation which is called a cemetery association. 18 V.S.A. §§ 5431, 5432.
A cemetery association is formed by filing articles of incorporation with the Secretary of State. Once the articles of incorporation are filed, the incorporators and other members will form “a body corporate” with “perpetual succession and with capacity to perform all acts within the state not repugnant to law.” 18 V.S.A. § 5433. Cemetery associations may merge upon a vote of the majority of the trustees or directors of each corporation. 18 V.S.A. § 5440.
Moving to the Vermont Secretary of State’s Corporations database, a search for active cemetery associations turns up about 120 active, non-profit “incorporated cemeteries”.
Cemetery Commissioners
According to the Vermont League of Cities and Towns' Town Officers Handbook:
Generally, town cemetery matters are the responsibility of the selectboard. However, the voters may decide to put the town’s public cemeteries under the charge of cemetery commissioners. The voters then elect a board of three or five cemetery commissioners for three- or five-year staggered terms, respectively. 18 V.S.A. § 5374. This board is responsible for the care and management of the town’s cemeteries, which includes the following tasks:
• The cemetery commission may grant and/or convey by deed lots in the cemetery and may make regulations governing the sale, price, and care of the lots. 18 V.S.A. §§ 5376, 5377.
• Cemetery commissioners may set aside a portion of the cemetery for the burial of indigent persons, and may make regulations for the use of this special area. 18 V.S.A. § 5375.
• Cemetery commissioners may maintain the public cemeteries and hire someone to perform this work. The expenses, not to exceed $500 per year of town funds, may be paid by the commissioners drawing orders on the town treasurer. 18 V.S.A. § 5362.
• Cemetery commissioners may grant a temporary right-of-way over private land to reach a graveyard to which there is no public right-of-way. 18 V.S.A. § 5322.
• Cemetery commissioners must keep in repair the fence around a public burial ground. 18 V.S.A. § 5364.
• Cemetery commissioners must submit an annual report to the town auditors, including a detailed financial statement, a listing of the work of the commissioners, and the condition and needs of the cemetery. 18 V.S.A. §§ 5379, 5380.
• The cemetery commissioners (and not the selectboard) may appoint individuals to fill vacancies on the board until the next annual meeting, even if a majority of the positions on the commission are vacant. 18 V.S.A. § 5374.
• A cemetery commissioner may be fined $400 for failure to keep a fence in repair after written notification of its disrepair, and may be fined $200 for the willful neglect of his or her duties. 18 V.S.A. §§ 5363, 5364.