Chapter 157, DISPOSITION OF HUMAN REMAINS

157.01 Rules for preparation, transportation and disposition. The department of health services shall make, and delegate to the funeral directors examining board the enforcement of, rules not inconsistent with ch. 445 covering the control of communicable diseases and sanitary and…

157.02 Disposal of unclaimed corpses. (1g) DEFINITION. In this section, “burial” has the meaning given in s. 157.061 (1). (1r) NOTICE TO RELATIVES. (am) When an inmate of any state, county or municipal institution dies, the superintendent or other person in charge of the institut…

157.03 Restrictions on use of bodies for anatomical purposes; embalming such bodies; delivery of bodies to relatives. (1) The corpse of a person who died with smallpox, diphtheria or scarlet fever, or who in his or her last sickness shall request to be buried or cremated, and of …

157.04 Penalty. Any officer or person having a corpse in charge, and refusing to report and deliver it, when required by this subchapter, or violating the provisions forbidding sale or delivery thereof, to be used outside the state, shall be liable to the person, university or me…

157.05 Autopsy. Consent for a licensed physician to conduct an autopsy on the body of a deceased person shall be deemed sufficient when given by whichever one of the following assumes custody of the body for purposes of burial: Father, mother, husband, wife, child, guardian, next…

157.055 Disposal of human remains during state of emergency relating to public health. (1) In this section: (a) “Funeral establishment” has the meaning given in s. 445.01 (6). (b) “Public health authority” has the meaning given in s. 250.01 (6g). (2) Notwithstanding ss. 69.18 (4)…

157.06 Anatomical gifts. (2) DEFINITIONS. In this section: (a) “Agent” means a health care agent, as defined in s. 155.01 (4), or an individual who is expressly authorized in a record that is signed by a principal to make an anatomical gift of the principal’s body or part. (b) “A…

157.061 Definitions. Except as otherwise provided, in this subchapter: (1) “Burial” means entombment, inurnment or interment. (1g) “Business day” has the meaning given in s. 421.301 (6). (1m) “Care fund” means one or more accounts or other investments established for the care of …

157.062 Cemetery associations; creation; powers and duties. (1) ORGANIZATION. Seven or more residents of the same county may form a cemetery association. They shall meet, select a chairperson and secretary, choose a name, fix the annual meeting date, and elect by ballot not less …

157.064 Cemetery associations and religious associations; holding property; change of ownership. (1) A cemetery or religious association authorized to hold lands for cemetery purposes may take and hold not more than 80 acres of land, to be used exclusively for burial of the dead,…

157.065 Location and ownership of cemeteries. (1) No cemetery may be used for burials except any of the following: (a) A cemetery in use on April 4, 1864. (b) A cemetery organized and operated by any of the following: 1. A municipality. 2. A religious association. 3. A fraternal …

157.067 Connection with funeral establishment prohibited. (1) In this section, “funeral establishment” has the meaning given in s. 445.01 (6), except that “funeral establishment” does not include a building or part of a building that is erected under s. 157.11 (1) for holding or …

157.07 Platting. (1) A cemetery authority shall cause to be surveyed and platted by a professional land surveyor those portions of the lands that are from time to time required for burial, into cemetery lots, drives, and walks, and record a plat or map of the land in the office o…

157.08 Conveyances. (1) After the plat or map is recorded under s. 157.07, the cemetery authority may sell and convey cemetery lots. Conveyances shall be signed by the chief officer of the cemetery authority, and by the secretary or clerk of the cemetery authority, if any. Before…

157.10 Alienation, disposition, and use of cemetery lots and mausoleum spaces. (1) In this section, “owner” means a person named in the records of the cemetery authority who has an ownership interest in a cemetery lot or mausoleum space and a right to bury human remains in the ce…

157.11 Improvement and care of cemetery lots and grounds. (1) FENCE; FUNERAL BUILDING. A cemetery authority may enclose the grounds of its cemetery with a suitable fence, and may erect thereon a building for funeral services. (2) REGULATIONS. The cemetery authority may make regul…

157.111 Opening and closing of burial places. If a grave, mausoleum space or other place used or intended to be used for the burial of human remains is located in a cemetery owned or operated by a cemetery authority, only the cemetery authority or a person designated by the cemet…

157.112 Reburial of human remains by a cemetery authority. (1) In this section, “rebury” means to disentomb, disinurn or disinter human remains that are buried in a cemetery and reentomb, reinurn or reinter the human remains in another grave, mausoleum space or other place used o…

157.113 Permission to place cremated human remains in a cemetery. No person may deposit any cremated human remains in a cemetery, including in the casket of another person, without the permission of the cemetery authority. History: 2015 a. 237 s. 125; 2015 Stats. s. 157.113.

157.114 Duty to provide for burials. (1) In this section, “cemetery authority” does not include a municipality that takes control of a cemetery under s. 157.115 (1) (b). (2) A cemetery authority shall, insofar as practicable, provide for burials during each season, including wint…

157.115 Abandonment of cemeteries and cemetery lots. (1) ABANDONMENT OF CEMETERIES. (a) If any cemetery located on property not subject to condemnation under ch. 32 is abandoned, the circuit court for the county in which the cemetery is located may authorize the removal of bodies…

157.12 Mausoleums. 157.12(2)(2) Construction of mausoleums. 157.12(2)(a)(a) Any person who constructs a mausoleum or converts a building or other structure to a mausoleum shall comply with the rules of the cemetery board and shall receive the cemetery board’s approval in writing …

157.123 Columbaria maintained by religious associations. (1) DEFINITION. In this section, “columbarium” has the meaning given in s. 440.70 (4). (2) EXEMPTION. A columbarium that is established and used by a religious association is not subject to any requirement under this subcha…

157.125 Trustees for the care of cemeteries or cemetery lots. (1) If a trust is created for the care of a burial place or grave but no trustee is named in the will to administer the trust, the circuit court having jurisdiction may name the county treasurer of the county in which …

157.128 Minimum acreage requirement for cemetery established on or after November 1, 1991. (1) Except as provided in subs. (2) and (3), no cemetery may be dedicated on or after November 1, 1991, unless the cemetery consists of at least 20 contiguous acres. (2) A cemetery consisti…

157.129 Minimum acreage of cemeteries; local ordinance. A city, village or town may enact and enforce an ordinance that does any of the following: (1) Allows a cemetery consisting of less than the minimum acreage specified in s. 157.128 (1) to be dedicated, as defined in s. 157.0…

157.19 Deposit and investment of care funds and preneed trust funds. (1) In this section, “financial institution” has the meaning given in s. 705.01 (3), but, except with respect to the deposit of preneed trust funds, also includes a broker-dealer registered under s. 551.401 (1) …

157.50 Municipal cemeteries. (1) Municipalities may acquire by gift, purchase or condemnation land for cemeteries within or without their boundaries. In the case of towns acquisition and price must be authorized by the town meeting. (2) The governing body of every municipality ac…

157.60 Public easement in cemetery. Any person who opens or makes any highway, town way, or private way or constructs any railroad, turnpike, or canal or anything in the nature of a public easement over, through, in, or upon such part of any enclosure, being the property of any m…

157.62 Reporting; record keeping; audits. (1) CEMETERY ASSOCIATIONS. (a) Except as provided in par. (b) and s. 157.625, every cemetery association shall file an annual report with the cemetery board. The report shall be made on a calendaryear basis unless the cemetery board, by r…

157.625 Reporting exemption for certain cemeteries. (1) A cemetery authority that is not required under this chapter or under s. 440.92 to maintain any care funds or preneed trust funds is not required to file an annual report under s. 157.62 (2). (3) Section 157.62 does not appl…

157.63 Reporting and auditing exemptions; certification of compliance of cemetery organized and operated by, or affiliated with, a religious association. (1) In lieu of filing an annual report under s. 157.62 (2), a religious association or a cemetery authority of a cemetery that…

157.635 Regulations of cemetery organized and operated by, or affiliated with, a religious association. Nothing in this subchapter prohibits a religious association or a cemetery authority of a cemetery that is affiliated with a religious association from prohibiting the burial o…

157.637 Veteran burials. A cemetery authority of a cemetery, other than a cemetery that is organized and operated by, or affiliated with, a religious association, may not prohibit the burial of the human remains of a person specified in s. 45.61 (2) at the cemetery if the cemeter…

157.64 Penalties. (1) In addition to or in lieu of other remedies provided by law, any person who violates this subchapter or any rule promulgated under this subchapter may be required to forfeit not more than $200 for each separate offense. Each day of continued violation consti…

157.65 Enforcement. (1) (a) If the cemetery board has reason to believe that any person is violating or has violated this subchapter or any rule promulgated under this subchapter and that the continuation of that activity might cause injury to the public interest, the cemetery bo…

157.70 Burial sites preservation. (1) DEFINITIONS. In this section: (a) “Board” means the burial sites preservation board. (b) “Burial site” means any place where human remains are buried. (c) “Cataloged” means recorded under sub. (2) (a), (4) (e) or (6) (c) or s. 157.70 (2) (a),…