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Marion Cemetery

Rules & Regulations

Adopted November 13, 2023/Effective January 1, 2024

Purpose & Enforcement

For the mutual protection of lot owners and the Cemetery as a whole, the following rules and regulations have been adopted by the Town Board of the Town of Marion as rules and regulations of all Town owned cemeteries in Marion, New York.  All lot owners, visitors and cemetery vendors and all lots sold shall be subject to said rules and regulations that may be adopted from time to time as deemed necessary by the Town of Marion.

The Town is hereby empowered to enforce all ordinances, rules and regulations regarding cemetery function and operation and to exclude from the cemetery any person violating the same.  The Town shall have charge of the grounds and buildings including the conduct of funerals, traffic, employees, plot owners and visitors.


  • Concrete vaults or concrete liners will be required for interments in all graves, except in the case of a child under one year of age, for which a plastic vault is allowed.
  • Each gravesite is limited to:
    • One burial vault and one cremation; or
    • Two cremations.
  • Ashes from cremation require a suitable permanent container.
  • No burials or remains shall be put in winter storage without a transit / burial permit.
  • No grave shall be dug in the winter between December 1st and April 1st if the Town Clerk deems frost, weather, or any other conditions unfavorable.
  • No cremation or burial will be done unless paid in full.
  • Cremated remains will not be permitted to be scattered in any part of the Cemetery.


  • The Town Clerk is responsible for the original sale of graves and/or lots.
  • The purchase of cemetery lots includes perpetual care which involves normal mowing, seeding and routine care.
  • Permission of the grave and/or lot owner to anyone other than a family member to use a grave within a specific lot, shall have a notarized letter so stating on file at the Town Hall.
  • The private resale of lots is strictly prohibited.
  • Under unusual circumstances, the Town Board may recommend the repurchase of a grave and/or lots for the original purchase price. The Town is under no obligation to repurchase any grave and/or lot for any reason whatsoever.

    Markers and Monuments

    • All markers and monuments shall have a foundation of sufficient depth to be below the frost line (36 inches or 54 inches for large markers) and shall be under the control of the Town Board or designee.
    • Monuments and markers shall be made of granite or standard bronze.
    • All grass markers shall be set level to the ground for mowing expediency.
    • The width of the monument is governed by the width of the lot. The width of the monument shall not exceed 50% of the average width of the lot excluding the foundation.
    • Monuments or markers shall be delivered to the designated site and set in place by the dealer. The dealer is responsible for all damages to lots or property. Deliveries and settings shall be scheduled between April 1 and December 1.
    • All monuments/markers shall be placed on concrete foundations having dimensions two inches (2”) greater in length and width than the base of the monument/marker, and a depth of up to three feet (3’).
    • All foundations shall be installed by the Town at a cost to the family/lot owner/monument company.



    • All items (excluding monuments and Veteran or Firemen flag holders) shall be removed from gravesites by April 1 and October 1 and new decorations shall not be placed until April 15 and October 15. Any items not removed between those dates will be disposed of by the Town.
      • Funeral flowers will be removed as soon as they fade, wither, and become unsightly.
      • No glass containers of any kind will be allowed in the cemetery.
      • The use of paper-made containers, wire holders for flowerpots, wire, plastic trellis or wooden fences on graves are prohibited.
      • Placing of crushed stone, wood chips or shells on graves is strictly prohibited.
      • Watering cans and other utensils cannot be stored adjacent to marker or graves.
      • Urns should be placed as close as possible to the monument either to the left or right of monument, so that they will not interfere with the mowing and trimming equipment.
      • No more than one eight-inch or larger urn or pot will be allowed on a gravesite.
      • No temporary crosses, statues, votives, solar lights, toys or novelties, food or beverage items are permitted on gravesites.
      • Only one real wreath shall be permitted per grave site.
      • The Town reserves the right to remove any and all decorations, flowers, wreaths, containers, etc. deemed unsightly or that interfere with ground maintenance. The Town is not responsible for lost or removed items.


      Plants and Flowers

      • Planting of perennials/annuals/bulbs are permitted only to the left or right of stone/monument, and no higher than the height of stone/monument within owners’ lot.
      • No shrubs, bushes or trees may be planted on lots or grave; donations of plants, shrubs, bushes, or trees are acceptable. Please contact the Town Board or its designee for details.
      • Absolutely no artificial plants, wreaths, flowers, or markers are permitted in cemetery.


        • Automobiles must always keep on roads/paths for that purpose. No driving is allowed on any section or over lots or lawns under any pretense whatsoever.
        • Vehicles may not be permitted to enter the cemetery during periods of inclement weather. The roads in the cemetery are seasonal use only and not maintained during winter months. Enter at your own risk during winter months.
        • No unlicensed or recreational vehicles (snowmobiles, four-wheelers, dirt bikes) are allowed in the cemetery at any time.
        • No plowing of roads or pathways at any time by the public.


        Disclaimer of Responsibility

        The Town of Marion disclaims all responsibility for cemetery losses or damages from causes beyond its reasonable control and especially from damage by an act of God, the elements, earthquakes, war, common enemy, air raids, invasions, insurrections, riots, order of any military or civil authority, thieves, vandals, strikers, malicious mischief-makers, explosion, unavoidable accidents or any cause similar or dissimilar beyond control of the management, whether the damage be direct or collateral.  Any or all items deemed in violation will be removed at any time by the Town.


        Additional Information

        • No horseback riding or walking dogs in Cemetery at any time.
        • Violations of the above Rules and Regulations shall be prosecuted by law.
        • For information regarding the rules and regulations of all town owned cemeteries in the Town of Marion, it is advisable for the parties directly concerned to obtain such information from the Town Clerk’s office of the Town of Marion.

        Marion Cemetery is located at 1 Cemetery Drive in Marion, NY 14505.                          For any questions, please contact the Marion Town Clerk’s office at:

        3823 N. Main Street Marion, NY 14505

        Phone: 315-926- 4271

        Email: hlevan@townofmarionny.com