FAQ's:

1. Do all cemeteries have to register with the Tennessee Department of Commerce and Insurance, Burial Services Section?
2. We would like to start a family cemetery; do we need the State of Tennessee’s approval?
3. We are a community cemetery thinking about incorporating as a not-for-profit. Do we need approval from the State of Tennessee, Department of Commerce and Insurance, Burial Services Section?
4. Does a body have to be buried in a vault?
5. Can I put any type of monument I want on a grave?

 

Do all cemeteries have to register with the Tennessee Department of Commerce and Insurance, Burial Services Section?

No. Only cemeteries that operate as commercial enterprises are required to register and renew their registration each year with the State of Tennessee, Department of Commerce and Insurance, Burial Services Section. Church cemeteries, family cemeteries, community cemeteries, military cemeteries and cemeteries owned and operated by a municipality are exempt from registration and annual licensing requirements.

We would like to start a family cemetery; do we need the State of Tennessee’s approval?

No, the State of Tennessee does not have control or jurisdiction on starting family cemeteries. Local laws and city/county zoning ordinances along with approval from the county health department dictate family burial sites.

We are a community cemetery thinking about incorporating as a not-for-profit. Do we need approval from the State of Tennessee, Department of Commerce and Insurance, Burial Services Section?

Yes. All community cemeteries that intend to operate as a not-for-profit cemetery must obtain approval from the State of Tennessee, Department of Commerce and Insurance, Burial Services Section. All not-for-profit cemeteries that use the word “Cemetery” in their name must obtain approval from the Commissioner of the Department of Commerce and Insurance. Approval from the Department of Commerce and Insurance must be made before the Tennessee Secretary of State will grant the cemetery its not-for-profit status. Those forming the corporation
must supply specific information about the cemetery to the State of Tennessee, Department of Commerce and Insurance, Burial Services Section.

Does a body have to be buried in a vault?

No, however, some cemeteries require that the casket be placed in an outer burial container that meets certain minimum standards set forth by the cemetery.

Can I put any type of monument I want on a grave?

No. Every cemetery company has the right to adopt reasonable rules and regulations for the cemetery, and those rules must be followed.