RESTRICTIONS ON LOCATIONS OF
CEMETERIES IN TEXAS
by Donald Ray Burger
Attorney at Law

Once a parcel of land is a cemetery, it stays a cemetery so long as the bodies remain. The location of cemeteries is regulated by 711.008 of the Texas Health and Safety Code. The rule effectively prevents the creation of new cemeteries within city limits of any municipality of 5,000 or more population. Cemeteries existing as of 1993 are exempt from this rule. There are other narrow exceptions, such as for cemeteries attached to church property. However, the basic rule is that new cemeteries must be outside the city limits of municipalities of 5,000 or more. How far out depends on the size of the city. New Cemeteries cannot be within:

one mile of cities with a population of 5,000 to 25,000;
two miles of cities with a population of 25,000 to 50,000;
three miles of cities with a population of 50,000 to 100,000;
four miles of cities with a population of 100,000 to 200,000; and
five miles of cities with a population of over 200,000.

Written by Donald Ray Burger, Attorney at Law
Last revised: October 31, 2003

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