Section 157.065

2. Outside a recorded plat or recorded addition to a plat of any city or village if the cemetery is within 3,300 feet of an inhabited dwelling that is located within a recorded plat or addition, unless the city or village consents;

3. Within 250 feet of any habitable dwelling, publicly owned building or school, unless the cemetery is establishing an extension on property it has owned continually since June 18, 1929; or

4. Within 3,300 feet of any of the following state facilities, without the consent of the state:

a. Any institution for the deaf or the blind;

b. Any mental health institute, as defined in s. 51.01 ;

c. A Type 1 juvenile correctional facility, as defined in s. 938.02 (19) ;

d. Any center for the developmentally disabled; or

e. Any state reformatory.

(b) Paragraph (a) does not apply to enlargements under sub. (3m) or s. 157.064 (2) or (3) .

(3)

(a) Any incorporated college of a religious order in a 4th class city may establish a private cemetery within the city on land the college owns to bury members of the religious order, if the common council consents and if each person owning a private building within 825 feet of the proposed cemetery consents.

(b) Any private military academy that provides an educational program for grades 7 to 12 in a 4th class city may establish a private cemetery within the city on land that the military academy owns, if the common council consents. No mausoleum within a cemetery established under this paragraph may exceed 3,500 square feet in area.

(3m) Any of the following cemeteries may enlarge only in the following manner:

(a) Any cemetery in a village may enlarge with the consent of the village board and of the owners of each building within 250 feet of the addition.

(b) Any cemetery in a 3rd or 4th class city may enlarge with the consent of the common council.

(c) Notwithstanding pars. (a) and (d) , any cemetery established before April 30, 1887, in a village and located within 100 feet of the village limits may extend to the village limits with the consent of the village board.

(d) Notwithstanding pars. (a) to (c) , any cemetery established before April 30, 1887, may expand as provided in s. 157.064 .

(5) Any violation of this section is a public nuisance.

History: 1975 c. 39 , 106 ; 1975 c. 189 s. 99 (2) ; 1975 c. 200 , 422 , 430 ; 1977 c. 83 ; 1977 c. 449 s. 497 ; 1979 c. 221 ; 1981 c. 20 ; 1985 a. 316 ss. 18 , 25 ; Stats. 1985 s. 157.065; 1987 a. 190 ; 1989 a. 43 , 307 ; 1993 a. 98 , 112 ; 1995 a. 77 ; 1999 a. 9 ; 2001 a. 103 , 107 ; 2005 a. 344 .