The Jefferson County Commission will consider changes to its burial ordinance to possibly allow for the construction of above-ground tombs or mausoleums.
The proposed change came after a Clancy man asked for a variance to the county’s current burial ordinance to allow for a mausoleum to be built on his property.
The public hearing is scheduled for Tuesday, Aug. 18 at 2 p.m. via Zoom or with an RSVP in the Clerk and Recorder’s Office.
The draft proposal would replace the county’s 2005 burial ordinance, and requires an individual wanting to place a mausoleum-type structure on their property to seek a variance from the Commission, as well as submit plans for the building.
During a July 28 Commission discussion on the proposed ordinance revision, county attorney Steve Haddon wanted to include a provision for submitting plans so that “we don’t have someone put a pine box up on stilts.”
The proposed ordinance revision also includes information concerning notification and recording with the Clerk and Recorder’s Office, specifications about placement, type of casket, lot size and proximity to bodies of water. The draft ordinance also states that any violation of the policy may result in the removal of the body by Jefferson County with the cost of removal and re-burial assessed to the property owner.
The county’s current ordinance allows for burials on private property, with some requirements, and Montana law does not prohibit burials on private property.
Since the ordinance was passed in 2005, there have been three burials on private property, according to Jefferson County Clerk and Recorder Bonnie Ramey.


