Yarmouth Board of Health Delays Approval of Green Burials Amidst Regulatory and Environmental Concerns

In a recent assembly, the Yarmouth Board of Health debated the draft regulations concerning green burials, ultimately deciding against approving them due to insufficient data and clarity in the regulatory framework.

The green burial draft regulations dominated the meeting, with board members examining the language and structure of the document. A point of discussion was whether to replace the term “avoids” with “prohibits” in the context of burial methods. The board also deliberated on the definition of grave liners and vaults. There was consensus on including definitions to clarify terms for the public, such as a grave liner being “an unsealed durable outer material” for casket placement.

An important issue was the regulation of green burials for individuals who died from serious pathogenic diseases. A suggestion was made to incorporate a definition that would prevent green burials in such cases until the Board could make a decision. This sparked a debate about the Board’s authority and the legal implications of such a measure, with examples like COVID-19 and Anthrax cited to illustrate varying levels of threat.

Environmental integrity was a concern, particularly regarding soil and groundwater assessments. The Board emphasized the necessity of certified professionals conducting groundwater testing. Acknowledging the potential financial burden on individuals needing approval for green burials, the Board discussed the qualifications and roles of certified soil evaluators and hydrogeological surveyors.

The Board grappled with aligning local regulations with state guidelines, particularly around setbacks from wells, which must pertain only to potable water wells. Despite some suggestions for using the term “drinking water,” no definitive consensus was reached. The Board’s focus was to ensure that all regulations were consistent with state guidelines while remaining clear and understandable for applicants.

Discussions on policy simplification led to a unanimous decision against approving green burials at this time. The Board agreed to remove a section deemed unnecessary. The order of policy items was revisited, with a proposal to elevate the Department of Environmental Protection’s (DEP) approval as a prerequisite for any burial requests, highlighting its critical role in the process.

Historical context provided insight into the prohibition of green burials in Yarmouth since the 1960s, initially due to water quality concerns. The discussion revealed a lack of scientific data at the time, prompting a precautionary approach. This led to reflections on traditional embalming practices and their environmental impact, emphasizing the need for updated, data-driven policies.

The meeting also addressed administrative and procedural aspects, such as the handling of death certificates and the involvement of funeral homes in green burials. It was clarified that the Health Division would be notified of deaths under specific circumstances. The Board recognized the need for a checklist to guide applicants through the process.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
Town Administrator:
Robert L. Whritenour
Board of Health Officials:
Hillard Boskey, M.D., Mary Craig, Charles T. Holway, Laurance Venezia DVM, Eric Weston

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