How Cemeteries Work: Ownership, Perpetual Care, and Rules

Understanding how a cemetery actually operates can make decisions about buying property or choosing a resting place feel less like a leap of faith.

Who actually owns a cemetery?

Cemeteries generally fall into a few categories:

• Privately owned businesses, sometimes part of larger cemetery/funeral corporations
• Religious cemeteries, owned and operated by a specific congregation, diocese, or faith organization
• Municipal cemeteries, owned and run by a city or county government

Ownership can affect pricing, available options, and specific religious or cultural requirements for burial there.

What does “perpetual care” actually cover?

Most cemeteries charge a perpetual care fee as part of purchasing a plot, meant to fund ongoing maintenance - mowing, landscaping, and general upkeep - often for as long as the cemetery exists. This is frequently held in a dedicated trust fund, separate from the cemetery’s regular operating budget, specifically to ensure long-term funding even if ownership changes.

Why do cemeteries have so many specific rules?

Individual cemeteries set their own rules on things like:

• Permitted marker size, material, and design
• Visiting hours
• Decorations (some restrict artificial flowers, balloons, or certain seasonal decor)
• Whether double-depth burial or specific interment types are available

These vary significantly, so it’s worth reviewing a specific cemetery’s rules before purchasing property there - see our guide on choosing a cemetery for what else to consider.

What happens if a cemetery closes?

This is rare, but when it happens, state laws generally require some provision for continued maintenance or transfer of responsibility - see our guide on cemetery opening, closing, and fees for more detail.

Ownership structures, fees, and rules vary significantly by cemetery and state — confirm specifics directly with the cemetery you’re considering.