Questions Land Trusts Need to Ask
About Conservation Burial and Memorial Forest

Larkspur Conservation at Taylor Hollow in partnership with The Nature Conservancy

Asking the right questions to safeguard your land trust is important. The Conservation Burial Alliance has compiled the following questions to encourage well-informed investigations that produce results that will assist in making transparent partnership determinations.
 
Organization and Transparency

• Is there a syndicate concern with the operating company?
• Do they have multiple locations, or a concentrated effort in only one region or location?
• Are the company’s holdings transparent and easily accessible in public documents?
• Is it immediately clear where the property is located in all promotional materials?
• ​Is the company organized as for-profit or nonprofit? (Five states require that cemeteries not be operated for profit.)
• Is there an existing conservation entity associated with the company and is it active or a corporation in name only?

 
Terminology

• Is the language being used as defined by conservation and green burial experts?
• Is the language being used to describe goals in promotional materials compatible with land trust best practices?

Financials

• ​What is the assessed value of the property at initial sale, and has it changed hands since purchase?
• Who will benefit financially from commercial sales and how will the proceeds be distributed?
• Are the prices for burial commensurate with licensed cemeteries in the area?​
• Are the prices readily available in promotional materials?
• What financial trust or other instrument is the company required to have to protect client's pre-need sales?
• If venture capital funded, can anyone attend meetings to see allocation of funding and long-term plans. If privately funded, what is the financial plan to protect future interests?
• Are there any mortgages or liens on the property?
• Are annual maintenance fees charged and what for specifically?

​Licensing, Certification, and Insurance

• Is the burial property eligible for certification through the Green Burial Council or other entity?
• Is the burial property eligible for state-appropriate licensing?
• Is the burial property eligible for insurance of assets? What is the insured limit?
• Is the burial of human remains, including cremated remains, protected from litigation by the entity?

 
Conservation Compatibility

• Does the deed or other instrument include clearly identified, conservation-worthy attributes?
• Where will cremated remains burial occur on the property?
• What impact might they have on water quality?
• Does the soil science meet your land trust’s environmental requirements and goals?
• Have natural resources inventories, ecological impact assessments, and/or integrated pest management plans been conducted?
• Are other records readily available, such as proof of boundary line markers, elevation maps, zoning maps with flood zones and aquifers, wildlife and wetlands data checks, forestry plans detailing what the current woodlands are comprised of, survey maps, parking and signage plans, planting plans, etc.?
• What are plans for community involvement with the property, including recreational or educational activities?
• What utilities are involved on the property and are their expansion plans that will impact the conservation value?
• Are there phased development plans for either the cemetery areas and the larger parcel or both?
• ​If rights to trees are being sold, what state departments are involved (Environmental Services, Agriculture, Plants, Forestry, etc.)?
• If rights to trees are being sold, what does the tree replacement plan entail?
• ​Is there evidence of completion of a Heritage Data Check or other rare species or community permit-related tool?

---

The Life Forest, Hillsborough, NH, in partnership with the Hillsborough Conservation Commission

​Protections

• ​Is the property protected as a cemetery even if not required by law?
• What other legacy protection instrument is being used?
• Does the deed reflect an intention that the land will be protected in perpetuity?
• Are the burial plots deed recorded for beneficiary control? (This is not required but some cemeteries procure them as added peace of mind for the family.)
• What legal documents are purchasers required to complete?

​
​Burial Tech

• Does the company have a conservation plan and what does it say? 
• What does their conservation plan do to address burial density?
• What mechanical and procedural protections do they use for root and fragile forest floor plants?
• Does the partnership entity use a mitigating amendment for cremated remains burial? (This is not required; beware of greenwashing with products that are not effective in neutralizing pH or mitigating high sodium content.)
• If so, what is the profile/makeup of their mitigating amendment?
• What containers does the entity allow for burial? (Where are acceptable containers made, with what materials, and what is their travel footprint?)
• Are the remains going to be scattered over roots and flora?
• Are the remains going to be buried beneath or amidst existing root systems?
• Who will manage the burials?
• How will cremated remains burial impact the land trust’s management plan?
• Who will monitor the property?
• How will visitation, trails, traffic, and signage be managed?
• Are experts and officials in state and local government included in their planning?
• Are field and extension service experts consulted?
• What data check tools have been utilized?
• What mapping has been conducted?
• How will soil disturbance be minimized?

---

How Conservation Cemeteries and Memorial Forests Differ

If you represent a land trust considering an easement that provides for burial or scattering of cremated remains, you may be surprised to learn that conservation burial has been happening in the US since 1998, and that there are more than a dozen cemeteries operating on protected land, with double that in the works. You may also be surprised to learn that those cemeteries have carefully incorporated burial of cremated remains for years. Recent attention has highlighted the practice of scattering burying cremated remains on land that is not protected as a cemetery but which promises to be conserving land. Before making any decisions, take a look at the list below. (See below for questions to ask, and learn more about the cremation process itself.)  

Conservation cemeteries that bury cremated remains:

• Bury full bodies and cremated remains
• Are usually limited to one location or region
• Accept cremated remains for cemetery burial from $650 - $4,000
• Are licensed as a cemetery, providing perpetual protection and access for families and friends
• Partner with a land trust entity for monitoring and land management in perpetuity; follow conservation best practices
• Qualify for Green Burial Council certification at the highest level
• Are usually funded locally by donors and others with personal ties to the land
• Bury cremated remains at the appropriate depth while protecting root channels mechanically and/or using proven soil amendments that neutralize high pH levels that are toxic to plants and roots
• Usually allow memorialization through native plantings and installations according to the cemetery plan

Memorial forests:

• Bury/scatter cremated remains
• May operate as or similar to a syndicate
• May charge prices for cremation scattering that exceed those in local cemetery plots or in conservation burial grounds
• Are required to be a licensed cemetery if state law stipulates burying human remains for payment
• Deeds may not provide perpetual protection or legacy access for families
• May create their own conservation entity that is not actively exercising best conservation practices
• Do not qualify for Green Burial Council certification at any level unless organized as a cemetery
• May be primarily supported by uninvolved investors
• May bury or scatter on or under tree roots; may bury with soil amendments not proven to protect roots from the negative effects of cremated remains
• May imply or guarantee ownership of trees on the property, with or without a replacement plan

What's the Difference In Chart Form

Areas of Concern	Conservation Burial Grounds	Memorial Forests	What to Look For:
General Description	Bury cremated remains, but offer natural burial as a choice for human body disposition Offer educational, recreational, life cycle events, routinely engaging the public	Bury/scatter cremated remains	Promotional materials that clearly explain the practices employed on the property Ask about community uses for the land
Organization and Intent	Are organized as for-profit and nonprofit May rarely have more than one location	May be operating as a syndicate May be organized for profit May create their own conservation entity with board officers and staff who actively engage the public as a land trust May invest ownership of the land to a mortgaging company	Ask about scope of ownership/entities/locations Search organizing documents Search for conservation corporations Search deeds for controlling owner
Financials	Accept cremated remains for cemetery burial from $650 - $4,000, depending on opening and closing fees, GPS marking May charge conservation fees that pay for the existing land management and go to land trust partners for further land acquisition as part of the one-time perpetual care contribution Charges are based on local grave plot market and conservation value Incorporate perpetual care fees into initial fee Usually funded by local donors and others with personal ties to the land and/or affiliated organization	May charge prices for cremation scattering that are otherwise free in National or State Parks and Forests, or on private land with the owner's permission anywhere in the US May charge prices that exceed those for local cemetery plots or conservation burial ground May charge conservation fees to support restoration or further other conservation goals on the property May charge annual maintenance fees Primarily supported by uninvolved investors providing startup capital that will be returned; client payments Property may change hands within the company(ies), changing value	Ask about price ranges and how they compare to local public cemetery plot pricing Research pricing for nearby natural burial cemeteries that bury cremated remains Ask how much and how the conservation portion of the overall fees are handled Ask if there is a maintenance fee structure and how those fees are collected and used Ask for a transparent list of donors and funders Ask for a list of investors and the payout return schedule and percentage Search deed records for changes in property ownership that indicate value fluctuations Ask if the entity is licensed for pre-need sales Ask if financial documents are open to the public, as well as meetings of the Board Ask if there are any mortgages or liens on the property Ask about insurance
Protections	​Are licensed as a cemetery with the protections afforded by law in perpetuity; the land cannot be sold for other purposes Partner with a land trust entity for monitoring and land management in perpetuity; the land cannot be sold for other purposes Deed record burial plots	Are required to be a cemetery if disposing of human remains for a fee May have exit clauses in the deed that enable selling and dividing of the land in the future May or may not have language that protects the cremated remains or the land in perpetuity May deed record burial plots	Search through the Secretary of State or State Mortuary and Cemetery Board for proof of licensing Research the deed and/or mortgage agreement for indications of how the land may be sold, divided, or protected  Ask about intentions to protect the cremated remains forever and maintain access for family members in the future (legacy protection) Ask what deed mechanism is in place and what it entitles beneficiaries to in the future
Transparency	All public records are readily available through the state and local offices	Some public records may be available while others are not; may require fees	Search for public records Study promotional materials for exact locations, pricing, and other consumer right-to-know information
Conservation Compatibility	Conduct Integrated Pest Management Plans (IPMs), Ecological Impact Assessments (EiAs), Natural Resource Inventories (NRIs) for planning and protection purposes Have conservation plans that include proof of boundary line markers, elevation maps, zoning maps with flood zones and aquifers, wildlife and wetlands data checks, forestry plans detailing what the current woodlands are comprised of, survey maps, parking and signage plans, utilities expansion plans, planting plans, etc.	May have conservation plans that include proof of boundary line markers, elevation maps, zoning maps with flood zones and aquifers, wildlife and wetlands data checks, forestry plans detailing what the current woodlands are comprised of, survey maps, parking and signage plans, planting plans, etc.	Ask to see Integrated Pest Management Plans (IPMs), Ecological Impact Assessments (EiAs), Natural Resource Inventories (NRIs) Ask to see conservation plans, proof of boundary line markers, elevation maps, zoning maps with flood zones and aquifers, wildlife and wetlands data checks, forestry plans detailing what the current woodlands are comprised of, survey maps, parking and signage plans, utility expansion plans, planting plans, etc. Ask what documents purchasers are required to sign
Licensing, Certification, Insurance	Licensed as a cemetery Qualify for Green Burial Council certification at the highest level May choose to qualify for pre need and/or at-need purchase status	May or may not be licensed as a cemetery Are not eligible for Green Burial Council certification at any level unless organized as a cemetery	Search through the Secretary of State, Vital Statistics, or State Mortuary and Cemetery Board for proof of licensing Ask for verification of conservation certification from the Green Burial Council Search Secretary of State, Vital Statistics, or State Mortuary and Cemetery Board for level of sales allowed
Burial Tech and Best Practices	Bury in specific zones and areas in keeping with recommended burial density requirements Bury cremated remains using proven soil amendments that neutralize high pH levels that are toxic to plants and roots Require approved containers that have been proven to biodegrade at the optimum time to make nutrients available  Bury at the appropriate depth while protecting root channels mechanically Do not scatter cremated remains on fragile forest floor vegetation Follow their conservation planting plan to ensure proper forestation and protection of endangered species and communities Allow memorialization through native plantings and installations according to the cemetery plan; may employ plant biologists, foresters or arborists to manage or advise Minimize soil disturbances  Maximize trail development to manage traffic Enlist the advice of state Departments of Environmental Science, Agriculture, Plants, Forestry, and others, plus University Extension Services, in assisting with plans and execution File plot locations, maps with the State	May bury in specific zones and areas  May bury or scatter on or under tree roots May promise or imply ownership of trees on the property May bury with proven soil amendments or use techniques that protect tree roots May regulate containers, biodegradable or otherwise May regulate traffic May regulate soil disturbance methods May have data check tools, map completed May have tree replacement plans	Research the science of cremation Ask for their conservation plan, forest and land management plan Ask how they plan to address burial density issues Ask for proven amendment profiles if they are used Ask about other methods of root protection, scattering or burial processes Ask about containers allowed  Ask for names and contact information of experts who have been consulted Ask about specific processes used to minimize soil disturbance Ask about trail development, traffic management, and signage plans Ask what officials and experts have assisted with making plans Ask what data check tools have been completed Ask for maps Ask about tree replacement plans, if they sell trees

conservation_burial_and_memorial_forest_contrast_chart.pdf
File Size:	114 kb
File Type:	pdf

Download File

---

Plans to protect air and water, wilderness and wildlife are in fact plans to protect man."
​— Stewart Udall