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This is an obsolete version of the rule. Please click on the rule number to view the current version.

24.147.1301    APPLICATIONS FOR CEMETERY LICENSES

(1) Applications for a license to operate a cemetery shall be filed on a form furnished by the department at the principal office of the board. In addition to the payment of the fees, each application shall be accompanied by the following:

(a) a certified copy of:

(i) articles of incorporation, if applicable;

(ii) application to the city or county planning commission for a cemetery use permit or rezoning for cemetery purposes, or both, if applicable;

(iii) land use or zoning permit, if applicable; and

(iv) perpetual care and maintenance trust agreement executed by the owner, the presiding officer, or other agent;

(b) a statement signed by a majority and verified by the owner, the presiding officer, or other agent, which shall set forth:

(i) names and addresses of the owners, partners, incorporators, directors,

officers, and trustees of the perpetual care and maintenance fund, including the person who will be in charge of sales;

(ii) a statement setting forth the size, location and topography of, and water available for, the property to be used for cemetery purposes; and

(iii) a statement of the amount deposited to the perpetual care and maintenance fund, type of investment made or to be made and the proposed rate of contribution for the future;

(c) an independent confirmation from the depository or other such proof of deposit of the initial contribution to the perpetual care and maintenance fund;

(d) an accurate and readable map of the proposed cemetery site (scale not less than one inch to 500 feet) and surrounding area showing number of acres, highways, access roads, etc., and area to be initially developed delineated thereon; and

(e) such other matters as the board may require by written notice to the applicant.

History: 37-1-131, 37-19-202, 37-19-807, MCA; IMP, 37-19-807, 37-19-814, MCA; NEW, 1998 MAR p. 2959, Eff. 11/6/98; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06.

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