Eco-Conscious Rest: The Intersection of Green Burials and Minnesota Law
In the ever-evolving realm of estate planning, it’s crucial to be attuned not only to legal intricacies but also to cultural shifts and environmental considerations. As more individuals are opting for sustainable and eco-friendly practices in life, so too are they looking to extend these choices into their final rest. Henson Efron is committed to keeping our clients informed and empowered, and with that in mind, we delve into the trending topic of “green burials” in Minnesota, their current legal standing, and their significance in estate planning.
What is a green burial?
The Green Burial Council defines green burials as those that embrace nature by forgoing embalming, grave liners, or vaults, and opting for biodegradable containers – be they simple wooden caskets, shrouds, or none at all. To dive deeper into the topic, visit the Council’s website www.greenburialcouncil.org.
Here are some related terminologies:
- Hybrid Cemeteries: They offer natural burials either in designated spots or throughout the cemetery.
- Natural Burial Grounds: No use of toxic chemicals, grave liners or vaults, or non-biodegradable containers are permitted.
- Conservation Burial Grounds: These are natural cemeteries partnered with conservation organizations.
Minnesota Places a Two-year Pause on Green Burials
Minnesota’s recent legislation, subtly embedded in Chapter 70’s Section 102 of the 2023 session, amidst over 600 pages, dictates: From July 1, 2023, to July 1, 2025, green burials can only take place in cemeteries where they’re explicitly permitted.
Surprisingly, this isn’t part of the standard Minnesota Chapters 306 (Public Cemeteries) and 307 (Private Cemeteries). This temporary provision appears to stem from a dispute in Carlton County involving a landowner keen on creating a space for natural burials and opposing neighbors.
The outcome? A two-year moratorium on new green burial grounds, pending further investigation and discussion.
However, it’s essential to note Minnesota Statutes Section 307.08 Subd.1 emphasizes that all burials must receive equal treatment and respect for human dignity, regardless of ethnic origins, cultural backgrounds, or religious affiliations.
What alternatives are available?
While new green burial grounds may be on hold, some existing Minnesota cemeteries, like “The Gates of Heaven Preserve” at Resurrection Cemetery in Mendota Heights and Mound Cemetery of Brooklyn Center, support the concept. Jewish and Islamic customs also typically prefer natural burials, though several Jewish cemeteries insist on burial vaults for structural reasons.
In Minnesota, cremation remains popular. Alternatives gaining momentum include environmentally conscious “aquamation” and indoor “human composting”—though the latter is limited in availability.
The Importance of Pre-Planning
Pre-planning empowers you. It ensures your desires are understood and followed, sparing your family from making these personal choices during emotional times.
We urge all clients to incorporate Health Care Directives into their estate planning. In Minnesota, these can encompass health care instructions, health care agent appointments, religious preferences, and funeral/burial guidelines.
Your Directive can be succinct or exhaustive. At Henson Efron, we pride ourselves on tailoring our approach to each individual’s unique situation and perspective. If you have more questions on green burials or estate planning, our dedicated team is here to help.
The purpose of this article is merely to provide general information and may not be construed as legal advice.
Lloyd SternI have deep experience in the fiduciary administration of complex trusts and estates. For over 25 years, I have administered trusts and settled hundreds of high value estates involving complicated tax, accounting and valuation issues as well as managing the distribution of assets. I have gained a thorough understanding of the estate/trust business, and I know what works. In addition, I am proficient in alternative...
