Reports of a home burial in Coopers Mills over the weekend launched an investigation by law enforcement and the state Division of Environmental Health.
Whitefield Board of Selectmen Chairman Steve McCormick said he received a call from the daughter of Dennis Friel, who passed away last week. McCormick said both he and code enforcement officer Arthur Strout were contacted about procedures for a backyard burial.
Because the town has no jurisdiction in home burials, McCormick contacted Lincoln County Sheriff’s Office and learned the department also lacks authority to stop such an interment, which he believed occurred Friday or Saturday night at Friel’s 171 Main St. residence.
The state Dept. of Health and Human Services’ Division of Environmental Health is the responsible agency and its authority is in registering cemeteries, including family burial grounds.
LCSO Lt. Rand Maker, noting that “there may very well be issues” in the Whitefield case, told The Lincoln County News this week, “What we want to see happen is that all health and safety regulations are followed, and we’re working with the state to make sure that happens, to make sure there are no long lasting health or safety issues and that the family has complied with the rules.” He added, “At the same time we are respecting the family’s right to do what they have a right to do.”
While no license is required to establish a burial ground to inter family members, Roger Crouse, director of the drinking water program within the Div. of Environmental Health, said, “All cemeteries, including family cemeteries, must be registered with [the division].” He said a brief search of files shows “no record of an application for a family burial plot in Whitefield for the past several years.”
Requirements addressed by state law (Title 13) include 200-ft. setback from private wells and 100-ft. distance from dwelling houses whenever a burying ground is established or extended.
There is also a 25-ft. restriction on excavation or construction near a known burial site. The burial ground may not exceed a quarter acre, must have a fence along the perimeter, and have either frontage along a public road or a deeded access right of way.
To establish a family burial ground, the owner has to provide a copy of a site plan (a tax map isn’t sufficient) and a cover letter outlining the proposal. After the state approves the registration, the owner has to record a description of the parcel in the county registry or deeds or with the town. Registering with both is recommended.
The Friel property is 1.1 acres, according to town records. Attempts to reach the family this week were unsuccessful.
