Current through Register Vol. 48, No. 3, March 22, 2024
Prior approval of the Board is required for all licensing
exemptions granted for a nature preserve cemetery. The proposed nature preserve
cemetery must be duly licensed and approved by all other applicable licensing
authorities. Perpetual care as it is defined in the South Carolina Perpetual
Care Cemetery Act may not be offered. Burial or scattering of cremated remains
is permissible.
(a) Vaults are not
permitted.
(b) Decedents are not to
have been embalmed, or embalmed only with approved nontoxic
chemicals.
(c) Burial containers
are to be limited to those made from materials that are nontoxic/nonhazardous
and natural/plant derived, with shrouds allowed.
(d) An Integrated Pest Management (IPM)
program must be implemented, so as to prohibit the use of pesticide other than
in instances where it is required to eradicate invasive species.
(e) Land criteria: A Nature Preserve Cemetery
must:
(i) Be contiguous to, or in a position
to augment the conservation goals of an ecologically significant park, wildlife
corridor, critical habitat area, or permanently protected open space; or (with
appropriate management practices) be large enough on its own to be considered a
landscape-level conservation effort;
(ii) Operate only in areas of the property
where burial would not degrade the land and the surrounding
landscape;
(iii) Be owned by, or
operated in conjunction with a government agency or a nonprofit conservation
organization that is recognized by the Internal Revenue Service as a public
charity and in business for at least five years (the "conservation partner").
The conservation partner must have legally binding responsibility for perpetual
stewardship of the land, both in the operational facility and in the
conservation area(s), and must set all conservation policies; and
(iv) Utilize a deed restriction (if operator
is a nonprofit conservation organization that has been established for at least
five years) or a conservation easement that incorporates these standards. A
conservation easement must also conform to all provisions of the Internal
Revenue Code Section 170(h) and provide for public access to and through the
site, particularly to connect it to adjoining protected open space, to the
extent public use of the property is compatible with ecological
goals.
(f) Start-up
criteria. A Nature Preserve Cemetery must:
(i)
Conduct a biological evaluation including baseline information on existing
geology, hydrology, soils, and topography, and on both existing and potential
vegetation and wildlife. This evaluation must be used by the facility designers
and operators to ensure that existing site resources are not degraded, and that
the potential for re-introducing native species is given appropriate
consideration in design and planning;
(ii) Conduct an evaluation to determine
potential erosion issues and measures necessary to prevent them;
(iii) Develop a plan for limiting visitation
to sensitive areas as well as policies for families who choose "back country"
or "off trail" burial;
(iv) Compile
a plant list for use as memorial features for every area or "zone" of property
where burial will take place, and a list of plants appropriate for use in
restoration and/or preservation of native vegetation.
(v) Develop a plan for limiting the types,
sizes, visibility of memorial markers/features to preserve or restore
naturalistic vistas.
(g)
Operations and management criteria. A Nature Preserve Cemetery must:
(i) Develop a plan for using native plants
and for protecting or rescuing locally rare plants;
(ii) Establish an endowment fund to ensure
the long term maintenance of the land and its trail system by setting aside at
least five (5) percent of all burial plot sales;
(iii) Utilize excavation and burial
techniques/technology that minimizes impact on surrounding land, and protects
native plant diversity.
(iv)
Develop a policy for dealing with unauthorized grave decoration and
landscaping.
(v) Develop a "systems
and operations" manual to be given to all staff members, contractors and
volunteers that communicates the above criteria and the goals and methods of
meeting them.
