Licensees
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 are thinking about starting a community cemetery. Do we need approval from the Department of Commerce and Insurance, Burial Services Section?
Yes. Every cemetery seeking a Community Cemetery Exemption must obtain approval from the Commissioner of Department of Commerce and Insurance by application to the Burial Services Section. Those seeking the exemption must supply specific detailed information about the cemetery to the Burial Services Section.
Should a cemetery register as a preneed seller when they sell grave spaces on a preneed basis?
No, only if they sell funeral merchandise on a preneed basis such as vaults, liners etc.
Who is responsible for the upkeep of a cemetery?
The maintenance and upkeep of the cemetery is the responsibility of the cemetery owner/manager.
What is the Installation and Memorial Care fee?
"Allowable Cemetery Installation Rates and Minimum Procurement Deposits Amounts," are update annually; updated fees are posted every February. You can find the most recent fees here.
Consumers
Can my spouse and I be buried in the same grave space?
Yes, but only if the cemetery allows it.
Can I put my choice of marker on my relative's grave?
Cemeteries are allowed to maintain their own rules within reason for markers.
Does the Burial Services board regulate church and family cemeteries?
The State of Tennessee does not regulate church or family owned cemeteries. These are personally maintained and must be approved by the local zoning in their county for permission to have such a cemetery.
How do I start a family cemetery on my property?
In order to begin this process, you will need to contact your local zoning commission to see if they will permit a cemetery in your area. You will also need to have a soil test completed to see if the ground can hold the bodies, and also have the cemetery added to the deed of the property that a burial ground is present.
If I purchase land that has a cemetery on it, can I put a fence around it?
Yes, but you must provide an access point to the cemetery.