# Ark. Code Ann. § 20-17-1009: Permit - Investigation by Department of Health

> Arkansas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C17_S10_S20-17-1009

## Section

- **Citation:** Ark. Code Ann. § 20-17-1009
- **Heading:** Permit - Investigation by Department of Health
- **Jurisdiction:** Arkansas
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** AR Code / Title 20 / Chapter 17 / Subchapter 10 / Section 20-17-1009

## Text

(a) Upon submission of an application to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for the issuance of a permit for a new cemetery or for an extension of the boundaries of an existing cemetery, the applicant shall request that the Department of Health investigate the proposed cemetery location or extension to determine if the proposed new or expanded location will be sanitary. (b) In making the investigation, the department shall take into consideration the proximity of the proposed cemetery or extension to human habitation, the nature of the soil, the drainage of the ground, the danger of pollution of springs or streams of water, and any other conditions concerning whether the proposed new or expanded location will be sanitary. (c) (1) After completing the investigation, the department shall promptly submit in writing its approval or disapproval of the proposed new or expanded location from a sanitary standpoint to the board. (2) If the department disapproves the proposed cemetery location or extension, further action on the application shall be suspended until the applicant acquires a location which meets with the approval of the department or until other action, as necessary, is taken. (d) The cemetery shall pay the department any fee required by law. Amended by Act 2017, No. 788,§ 38, eff. 7/1/2018. Acts 1977, No. 352, § 9; A.S.A. 1947, § 82-426.9; Acts 2009, No. 715, § 5.

(a) Upon submission of an application to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for the issuance of a permit for a new cemetery or for an extension of the boundaries of an existing cemetery, the applicant shall request that the Department of Health investigate the proposed cemetery location or extension to determine if the proposed new or expanded location will be sanitary.

(b) In making the investigation, the department shall take into consideration the proximity of the proposed cemetery or extension to human habitation, the nature of the soil, the drainage of the ground, the danger of pollution of springs or streams of water, and any other conditions concerning whether the proposed new or expanded location will be sanitary.

(c) (1) After completing the investigation, the department shall promptly submit in writing its approval or disapproval of the proposed new or expanded location from a sanitary standpoint to the board. (2) If the department disapproves the proposed cemetery location or extension, further action on the application shall be suspended until the applicant acquires a location which meets with the approval of the department or until other action, as necessary, is taken.

(1) After completing the investigation, the department shall promptly submit in writing its approval or disapproval of the proposed new or expanded location from a sanitary standpoint to the board.

(2) If the department disapproves the proposed cemetery location or extension, further action on the application shall be suspended until the applicant acquires a location which meets with the approval of the department or until other action, as necessary, is taken.

(d) The cemetery shall pay the department any fee required by law.

Amended by Act 2017, No. 788,§ 38, eff. 7/1/2018.

Acts 1977, No. 352, § 9; A.S.A. 1947, § 82-426.9; Acts 2009, No. 715, § 5.

## Nearby sections

- [Ark. Code Ann. § 20-17-1001 Title](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C17_S10_S20-17-1001.md)
- [Ark. Code Ann. § 20-17-1002 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C17_S10_S20-17-1002.md)
- [Ark. Code Ann. § 20-17-1003 Application of subchapter - Exceptions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C17_S10_S20-17-1003.md)
- [Ark. Code Ann. § 20-17-1004 [Repealed]](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C17_S10_S20-17-1004.md)
- [Ark. Code Ann. § 20-17-1005 [Repealed]](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C17_S10_S20-17-1005.md)
- [Ark. Code Ann. § 20-17-1006 [Repealed]](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C17_S10_S20-17-1006.md)
- [Ark. Code Ann. § 20-17-1007 Examination of cemetery](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C17_S10_S20-17-1007.md)
- [Ark. Code Ann. § 20-17-1008 Permit - Application](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C17_S10_S20-17-1008.md)
- [Ark. Code Ann. § 20-17-1009 Permit - Investigation by Department of Health](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C17_S10_S20-17-1009.md)
- [Ark. Code Ann. § 20-17-1010 Permit - Investigation and issuance by State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C17_S10_S20-17-1010.md)
- [Ark. Code Ann. § 20-17-1011 Permit - Amendment](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C17_S10_S20-17-1011.md)
- [Ark. Code Ann. § 20-17-1012 Permit - Transfer of ownership - Definition](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C17_S10_S20-17-1012.md)
- [Ark. Code Ann. § 20-17-1013 Permanent maintenance fund generally](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C17_S10_S20-17-1013.md)
- [Ark. Code Ann. § 20-17-1014 Permanent maintenance fund trustees](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C17_S10_S20-17-1014.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C17_S10_S20-17-1009. Check the current official text before relying on it. Not legal advice.