Section 33-05-01-04 - Depth of grave and requirements for above surface interments1. No dead human body shall be interred in a public burial ground unless the distance from the top of the box containing the casket shall be at least three and one-half feet [106.68 centimeters] from the natural surface of the ground. 2. If the casket is placed in an approved metal, concrete, or similar vault, the distance from the top of the vault shall be at least eighteen inches [45.72 centimeters] from the natural surface of the ground. 3. If the casket is placed in a surface vault, the cover of the vault may be placed flush with the natural surface of the ground. 4. No person or persons, organizations, or associations shall place, establish, or construct wholly or partially above the natural surface of the ground any vault, crypt, columbarium, mausoleum, or other structure or device by whatever name for the interment of any dead human body without first meeting the cemetery registration requirements and submitting the plans and specifications for the proposed installation to the state department of health for preliminary inspection and recommendation. The plans and specifications shall be submitted to the state department of health in triplicate and shall be developed to assure conformance to the following basic requirements: a. Designation of the sections, halls, rooms, corridors, elevators, or other subdivisions and including descriptive names and numbers of the areas. b. Arrangement of the structure so that the cell, niche, or crypt may be readily examined by those legally authorized. c. Provision for hermetically and permanently sealing in a suitable manner each crypt or cell so that no fluid may escape therefrom after the placing of any dead human body therein. d. Provision of construction materials of the best quality and of a character best suited for the purposes intended. e. Construction to ensure durability, permanence and the protection of the safety, convenience, comfort, and health of the community in which it is located consistent with modern mausoleum construction and engineering science at the time. General Authority: NDCC 23-01-03
Law Implemented: NDCC 23-01-03
N.D. Admin Code 33-05-01-04