Remembering that OH HB 168 created the Cemetery Grant Fund for Active / Registered Not-For-Profit Cemeteries in Ohio - Yet Ohio's Inactive and Family Cemeteries still await help from the State of Ohio

First, starting off on a positive note, I'd like to share this wonderful spotlight story written by Bob Coupland of the "Tribune Chronicle" of Warren, Trumbull County, Ohio.

This extensive article gives a detailed description of the funds provided by the Cemetery Grant Fund that has been helping Active/Registered Not-For-Profit Cemeteries in Ohio since 2019.

Before this law was passed and enacted no such program was in place by the State of Ohio that helped any cemetery that has needed funding in a manner like what this law has accomplished.

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For additional reference.:

WFMJ in Youngstown (Mahoning County.:

https://www.wfmj.com/story/42772507/5-valley-cemeteries-receiving-funding-for-repairs-improvements

Excerpt: "The Cemetery Grant Fund, which was signed into law as House Bill 168, became effective Oct. 29, 2018. The funds are to be used for exceptional maintenance of cemetery grounds or training for cemetery personnel.

Any registered, non-profit cemetery may apply for the grant, which is funded by $1 of every burial permit fee received by the Division. Cemeteries that applied and did not receive funding this year are encouraged to apply again next year."

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Further Link.: Ohio Cemetery Grant Fund Program details

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However, sadly, we still must be mindful and reflect on the fact that Ohio's Inactive Cemeteries are in the category of being Unregistered (AKA Not Registered) cemeteries - meaning no burials in the past 25 years,

Additionally:

Cemeteries or burial grounds deemed to be "Family Cemeteries" - as per the Ohio Revised Code stated in the following sections negatively affects them as well and leaves them out of the Registration process.:

(D) Sections 4767.02 to 4767.04 of the Revised Code do not apply to or affect a family cemetery or a cemetery in which there have been no interments during the previous twenty-five calendar years. As used in this division, "family cemetery" means a cemetery containing the human remains of persons, at least three-fourths of whom have a common ancestor or who are the spouse or adopted child of that common ancestor.

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Now, what the State of Ohio needs to do is to expand the Cemetery Grant Program to include cemeteries that are no longer Active and thus are relegated to being Unregistered that are deteriorating, and in so many cases disappearing, before it is too late for them and they are declared abandoned and thus become "fair game" for any sort of development because they are deemed to be a hazard to society. (See: https://www.ohioattorneygeneral.gov/.../1953-2978.aspx)

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"Families encouraged to report rundown Ohio cemeteries" - From the Urbana Daily Citizen - Urbana, Ohio

"Families encouraged to report rundown Ohio cemeteries"

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Cemeteries in Ohio that have NOT had any burials during the past 25 calendar years, and family cemeteries, as defined in the Ohio Revised Codes, are NOT eligible to be Registered.

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See (D) Sections 4767.02 to 4767.04 of the Revised Code do not apply to or affect a family cemetery or a cemetery in which there have been no interments during the previous twenty-five calendar years. As used in this division, "family cemetery" means a cemetery containing the human remains of persons, at least three-fourths of whom have a common ancestor or who are the spouse or adopted child of that common ancestor.

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Because of their being deemed ineligible to be Registered, neither cemetery category is eligible for complaints against those responsible for them to be submitted to the Ohio Cemetery Dispute Resolution Commission - the "OCDRC".

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The "OCDRC" only accepts, reviews, and acts upon complaints submitted to them regarding Active and Registered Cemeteries (or cemeteries that are Active and SHOULD BE Registered but are not due to no fault of their own). Please keep this fact in mind. 

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A large number of Ohio's cemeteries are older and Inactive, and sadly they are the very ones that visitors would have reasons to file complaints about. However, should they file complaints, the "OCDRC" will reject them for the reasons stated above.

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"Concern grows over federal funding for Ohio townships" - By J. D. Davidson - "The Center Square" - April 8, 2021

The Ohio Township Association has concerns regarding the state's townships being excluded from federal funding that would come through "The American Rescue Plan". 

Below is an excerpt from a statement by the Ohio Township Association included in the feature story.:

"Townships in Ohio handle road maintenance, cemetery management, police and fire protection, emergency medical services, solid waste disposal and zoning. Throughout Ohio, townships are responsible for maintaining 41,000 miles of road and 2,400 cemeteries."

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All too often cemetery levies fail in Ohio townships.  This happens in large part due to local voters strong position expressed in their comments, and through the ballot box, that the needs of the living should be taken care of first before addressing problems impacting gravesites of long ago ancestors.  County and state governments do not contribute financial assistance for the purposes of continued regular maintenance of township cemeteries.

The Ohio Township Association states that there are 2,400 township cemeteries in Ohio. 

Ohio has cemeteries that come under various categories. Considerable focus needs to be given to the overshadowing inequality existing between the Active – Registered Cemeteries vs. Inactive / Family – Not eligible to be Registered cemeteries.  

For example, Inactive / Family Cemeteries* do not qualify to receive grants that are made available yearly through the passage of HB168 which began in 2019.  Only Active /Not-For-Profit cemeteries qualify for these grants.  Truly, nothing in Ohio HB168 affects Inactive Cemeteries. 

The need is great for preservation / conservation / restoration measures to be taken at Ohio's most vulnerable cemeteries - Ohio's pioneer burial grounds that fall outside of the category of Active and Registered. 

Too much history has been lost already; and gone with it is a diminished respect for community cemeteries that once were often visited and meticulously cared for.  

Emphasizing the fact that an Active Cemetery, and therefore Registered Cemetery, is granted beneficial provisions that are denied to an Inactive or Family Cemetery keeps this issue on the front burner.  An important benefit to lot owners in Active – Registered cemeteries is that the Ohio Cemetery Dispute Resolution Commission accepts and considers cases presented to it regarding cemeteries that are Registered - or should be registered but their registrations have lapsed due to no fault of their own.  

The “OCDRC”, however, will not accept complaints against those responsible for the care of Inactive Cemeteries, including some that are considered to be Abandoned or close to that category, or Family Cemeteries.  Thus, a person or organization with a complaint about a cemetery that is Inactive or a Family Cemetery, truly has little to no hope of gaining resolution because essentially they have hit a brick wall.

With every passing year, more cemeteries are added to the Inactive category in Ohio.  There is enough evidence to prove that many Ohio cemeteries have been in a crisis stage for years.  The number is increasing; and townships hold what is probably more than their share of those cemeteries that fit into the Inactive category.  Indeed, Inactive Cemeteries outnumber Active Cemeteries in many Ohio townships.  

Examples exist where an Ohio township has stubbornly refused for several years to assume responsibility for a cemetery within its boundaries because it already had more cemeteries than it can afford to properly handle.  

The Ohio Township Association should stay on top of this ever growing crisis going on with so many cemeteries that are located in Ohio townships, regardless if they are Active or not.  The "OTA" needs to be an engaged partner with its townships assisting to solve problems - problems impacting Ohio's most vulnerable cemeteries as a priority.  Such a partnership is especially crucial when answers at the local level have been lacking for a long period of time.

*(D) Sections 4767.02 to 4767.04 of the Revised Code do not apply to or affect a family cemetery or a cemetery in which there have been no interments during the previous twenty-five calendar years. As used in this division, "family cemetery" means a cemetery containing the human remains of persons, at least three-fourths of whom have a common ancestor or who are the spouse or adopted child of that common ancestor.

The latest News Release from the Ohio Department of Commerce SHOULD READ: Ohioans Facing Issues with REGISTERED Cemeteries can seek help from the Department of Commerce

The latest (May 21, 2018) News Release from the Ohio Department of Commerce fails to include a very important word in the title of the News Release; and that word is:  "registered" which should have been placed before the word "cemeteries".

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Also, the link in paragraph two for the laws and guidelines, which is the "Cemetery Minimum Maintenance Guidelines" By The Ohio Cemetery Dispute Resolution Commission", states:

"ORC Section 4767.06(H) Adopt and Publish Suggested Minimum guidelines for all cemeteries registered in the state of Ohio under ORC 4767"  

So, it is in the linked document from the News Release that we see the word "registered".  

Registered is a very important word!  

Indeed Registered is the word to keep in mind when you are considering filing a Complaint with the Ohio Cemetery Dispute Resolution Commission about the unresolved issues you have with your cemetery of concern.  

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'Read below and weep' if your cemetery comes under one of these categories:

(C) Sections 4767.02 to 4767.04 of the Revised Code do not apply to or affect a family cemetery or a cemetery in which there have been no interments during the previous twenty-five calendar years. As used in this division, "family cemetery" means a cemetery containing the human remains of persons, at least three-fourths of whom have a common ancestor or who are the spouse or adopted child of that common ancestor.

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 Below are images of the two pages

of the Cemetery Registration Form

for Registered Cemeteries:

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Below is my response from the Department of Commerce's Division of Real Estate and Professional Licensing.  

The Ohio Cemetery Dispute Resolution Commission comes under the above Divisions.

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My request to file a complaint on an inactive and unregistered cemetery was denied because the cemetery was Unregistered due to its inactive status.    

"Ohioans facing issues with cemeteries can seek help from Department of Commerce"

Sharing a link to a news story that has been published in various Ohio newspapers in the past few days with the title.: 

"Ohioans Facing Issues with Cemeteries can seek help from Department of Commerce".  
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BUT, please keep in mind the fact that a cemetery has to be REGISTERED for the Ohio Cemetery Dispute Resolution Commission (of the Department of Commerce; Division of Real Estate & Professional Licensing) to accept the complaint! 

"Ohioans facing issues with cemeteries can seek help from Department of Commerce"

Registered Cemetery Complaint Form
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***Thus, ONLY REGISTERED CEMETERIES in Ohio qualify for any complaints against their owners to be accepted by the Department of Commerce's Cemetery Dispute Resolution Commission. This is important to remember! 

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Cemeteries that DO NOT have burials within the past twenty-five years DO NOT qualify and are NOT registered.*** 

***See more specifics below***:

"Ohio Revised Code Chapter 4767 provides the Ohio Cemetery Dispute Resolution Commission with responsibility over registered cemeteries."

"(C) Sections 4767.02 to 4767.04 of the Revised Code do not apply to or affect a family cemetery or a cemetery in which there have been no interments during the previous twenty-five calendar years. As used in this division, "family cemetery" means a cemetery containing the human remains of persons, at least three-fourths of whom have a common ancestor or who are the spouse or adopted child of that common ancestor."