ALAN M. ARAKAWA
Mayor
WILLIAM R. SPENCE
Director
MICHELE CHOUTEAU McLEAN
Deputy Director
.C
UNTY OF MAUl
DEPARTMENT OF PLANNING
Family Burial Information Sheet
Effective Date: May 21, 2012
The Planning Department does not view home family burials as a land use issue that is
regulated or enforced through the County's zoning ordinance (Title 19, Maui County
Code). Family burials are considered a component of residential use and so are allowed
where residential use is allowed. The definition of "use" in Title 19 is "the purpose for
which land or a building is arranged, designed, or intended, or for which either land or a
building is or may be occupied or maintained." Family burials are not considered the
"purpose" for which land would be used.
However, there are laws and requirements that apply to family burials. State law
distinguishes family burial plots from cemeteries and exempts such burials plots from
cemetery requirements. Section 441-5.5, Hawaii Revised Statutes (HRS), reads:
Family burial plots.
Owners of residential or agricultural property who
use or intend to use their property for the interment of family members,
shall be exempt from the provisions of this chapter; provided:
(1)
Burial plots on the owner's property shall be offered to family
members only;
(2)
Burial plots shall not be sold or transferred to anyone, except as part
of a sale or transfer of all or a substantial portion of the property;
and
(3)
Any subsequent disinterment of any person interred on the property
shall be conducted as though the property were cemetery property
under section 6E-41.
The State Department of Health (DOH) is responsible for administering this law. DOH
should be contacted to determine any eligibility requirements. DOH may require
verification from the County that the burial is allowed; if so, the Planning Department's
Zoning Administration and Enforcement Division can issue a "Zoning and Flood
Confirmation" form for the subject property that confirms residential or agricultural use
and, therefore, could allow family burials pursuant to Section 441-5.5, HRS.
The following other requirements also apply, and families are strongly
encouraged to verify compliance:
•
The burial must meet the criteria of the exemption in Section 441-5.5 (confirm
with DOH; confirm property ownership with the County's Real Property Tax
Division). If not, then the burial would be considered a cemetery and, therefore,
would be regulated by Title 19.
250 SOUTH HIGH STREET, WAILUKU, MAUl, HAWAII 96793
MAIN LINE (808) 270-7735; FACSIMILE (808) 270-7634
CURRENT DIVISION (808) 270-8205; LONG RANGE DIVISION (808) 270-7214; ZONING DIVISION (808) 270-7253
•
The burial must not impact drinking water sources (confirm with the County's
Department of Water Supply, Water Resources and Planning Division). If it
does, then a new location must be selected.
•
The burial site must not be located within any easements (confirm with property
deed, title report, title company or private survey; utility type easements can also
be confirmed with the County's Department of Environmental Management;
Department of Public Works, Engineering Division; and Department of Water
Supply, Engineering Division, as well as Maui Electric Company). If it is, then it
could violate easement agreements and a new location should be selected.
•
The burial site should be identified and recorded with the Bureau of
Conveyances, whether with a site map, easement or metes and bounds
description. If not, then family members may not have future access to the site
or may forget the location, and/or future property owners might not be aware of
the site.
•
Families should also be aware that family burials on lots that are subject to
wildfire events may be severely damaged if fire breaks need to be cut. Such
work is often performed in the dark and/or under heavily smoky conditions with
restricted visibility.
Contact Information:
Agency
Phone
Purpose
State Department of Health
984-8200
Confirm applicability of Sec. 441-5.5;
determine other requirements
Planning Dept., Zoning
Administration and
Enforcement Division
270-7253
Confirm residential or agricultural use so that
the family burial complies with state law
Real Property Tax Division
www.mauipropertvtax.com
270-7297
Confirm family ownership of the property
Dept. of Water Supply,
Water Resources and
Planning Division
463-3110
Confirm that there will be no impacts to
public drinking water sources
Dept. of Water Supply,
Engineering Division
270-7835
Confirm that the burial site is not within any
waterline easements
Dept. of Environmental
Management, Wastewater
Reclamation Division
270-7417
Confirm that the burial site is not within any
sewer line easements
Dept. of Public Works,
Engineering Division
270-7745
Confirm that the burial site is not within any
drainage, roadway or utility easements
Maui Electric Company
871-8461
Confirm that the burial site is not within any
electrical line easements
Bureau of Conveyances
587-0151
(Honolulu)
Record a site map, easement or description
