An Act to Permit the Conduct of Open Air Cremation at Designated Sites
Maine Legislature, Session 131, LD 0584
Committee: Health and Human Services
Sponsors: VITELLI, DAUGHTRY, JACKSON, LAWRENCE, JAUCH
Amends: 32 MRSA §1408

Legislative Document
No. 584
S.P. 252
In Senate, February 13, 2023
An Act to Permit the Conduct of Open Air Cremation at Designated 
Sites
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator VITELLI of Sagadahoc.
Cosponsored by Senators: DAUGHTRY of Cumberland, President JACKSON of Aroostook, 
LAWRENCE of York, Representative: JAUCH of Topsham.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  32 MRSA §1408 is enacted to read:
§1408.  Open air cremation
Notwithstanding the provisions of this chapter, Title 13, chapter 83 or Title 22, chapter 
to the contrary, a nonprofit corporation may conduct an open air cremation by pyre if 
it meets the requirements of this section.
1. Municipal approval.  A nonprofit corporation must receive approval from the 
municipality in which it is located for the location and site and construction of a pyre to 
conduct open air cremation.  Fire trucks must have access to the location of the pyre.  A 
nonprofit corporation must receive authorization under Title 12, section 9321 for the day 
of an open air cremation by pyre.
2. Training required.  The board shall implement training for nonprofit corporations 
intending to conduct open air cremation by pyre.  The board must solicit training from an 
out-of-state organization that regularly conducts open air cremation by pyre until training 
may be conducted proficiently by a nonprofit corporation in this State.
3. Probation; number of cremations per month. A nonprofit corporation approved 
for open air cremation by pyre under this section must be under a probationary period for 
one year, during which time the number of cremations performed by the corporation may 
not exceed one per month.  After the probationary period, the number of cremations 
performed by the corporation may not exceed 6 per month.
4. Maximum number and required distance.  The maximum number of nonprofit 
corporations conducting open air cremation by pyre in the State may not exceed 6, and a 
nonprofit corporation conducting open air cremation by pyre must be at least 40 miles from 
any other nonprofit corporation conducting open air cremation by pyre.
5. Required size of land; number of cremations on site.  An open air cremation by 
pyre must be conducted on property owned or possessed by the nonprofit corporation that 
is at least 20 acres in size.  The property may have only one pyre.  Only one open air 
cremation may be conducted by the corporation at a time.
6. Disposition of ashes.  The ashes constituting the remains of a deceased person who 
is cremated under this section may be scattered on the property or otherwise disposed of 
pursuant to law.
The board shall adopt routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A to carry out the purposes of this section.
SUMMARY
This bill allows a nonprofit corporation to conduct open air cremations by pyre if it 
meets certain requirements.